Applying for ILR from DL, dependant born in UK can register for British after parents ILR

[sheffychan]

Hi,

My family with 4 children in Discretionary Leave, two of them became British after their 10th birthday who born in the UK. Its being 6 years on DL and now time to apply for ILR with the remaining two children, one 17 years born in India and one 5 year old born in the UK after the grant of DL.

My question is, can I apply only the 17 year old with us for ILR and register the youngest one as British after we get the settlement. I wish to apply on same day service as the youngest ones DL expires in one month. Any advice on this please.

The second one we have to use SET(O) form for ILR from DL, so we require the KOLL (Knowledge of Language and Life inthe UK)?

Please advice me
Tgank you

[CR001]

can I apply only the 17 year old with us for ILR and register the youngest one as British after we get the settlement.

Yes and yes.

I wish to apply on same day service as the youngest ones DL expires in one month. Any advice on this please.

There is no 'same day service' for citizenship applications. It doesn't matter if the child's visa expires, they are entitled to register as British and don't require a valid visa to do so.

The second one we have to use SET(O) form for ILR from DL, so we require the KOLL (Knowledge of Language and Life inthe UK)?

Include the 17 year old on one form with yourself and your spouse. KOLL not required for under 18 year old children.

[sheffychan]

Thank you CR001

The second question was not clear from my side. So I am rephrasing again.

The second question was, do we require KOLL when we apply for ILR after 6 years of DL which need apply on SET(O)

Thank you

[CMOSUK]

Thank you CR001

The second question was not clear from my side. So I am rephrasing again.

The second question was, do we require KOLL when we apply for ILR after 6 years of DL which need apply on SET(O)

Thank you

No both are not required when applying ILR from 6 years of DLR.

However if the dependent turns 18 I think they might need it for there BC.

[sheffychan]

Thank you all. I really appreciate both of your quick responses.

Best Regards

[sheffychan]

Hi,

Thank you for your replies. So, we decided to go without the yougest one on the application form and register him as British once we have settled. Whilst filling the SET(O) form, I have some more doubts to clear.

Q1. As I am not including the youngest one in the application now, I think it would be best to mention in the covering letter about this. What are your thoughts?

Q2. When referring to cultural and social ties with the UK, will I make a stronger application when talking about the 17 year old or the 5 year old? If the 5 year old has a stronger case, will there be any consequences if they're not included in the application?

Q3. What do we need to fill in section 6.12 on set(o) form? We are living in the UK and have never been to the Crown dependencies.

Q4. Where do we mention in set(o) form that KOLL is not required?

Q5. In case the application is not successful, can we include the yougest one in the appeal?

Kindly help me.

Kind Regards,
Sheffychan

[CMOSUK]

Hi,

Thank you for your replies. So, we decided to go without the yougest one on the application form and register him as British once we have settled. Whilst filling the SET(O) form, I have some more doubts to clear.

Q1. As I am not including the youngest one in the application now, I think it would be best to mention in the covering letter about this. What are your thoughts?

in my opinion, although your 5 year old would be entitled to their British passport as they are UK born., I would still maybe include a covering letter explaining this.


Q2. When referring to cultural and social ties with the UK, will I make a stronger application when talking about the 17 year old or the 5 year old? If the 5 year old has a stronger case, will there be any consequences if they're not included in the application?

I would maybe talk about both,
After all they are siblings and the fact all siblings and parents are still together and present in the uk is what is making up the family dynamics l. The fact that a removal of the person in question especially at that age going back to a country where they might no be familiar or have any knowledge about.

Q3. What do we need to fill in section 6.12 on set(o) form? We are living in the UK and have never been to the Crown dependencies.

you would only fill this in if it is applicable to you, going from you past posts I take you are originally from India, and it is not a crown dependent country. Again further research on this.
I would maybe leave it blank as it might not apply.


Q4. Where do we mention in set(o) form that KOLL is not required?

I too will be filling In this form but I would mention this in 3.b after you have ticked the "other purposes and reasons not covered by other application forms " category as in section 4 the language requirements there isn't anywhere to write that you are exempt from the KOLL requirements apart from and in section 3.b. Also I would write a covering letter just to clarify

Q5. In case the application is not successful, can we include the yougest one in the appeal?

lately, and I don't know if this is just the minority but some people are receiving the "statement of additional grounds s120 notices"
I think it is so any information they can have now and based on that info they can decide again on new info that they might have otherwise not known about instead of refusing and getting a refusal and then appealing based on that info.

I think once a decision has been made it is refused with out appeal, you may not then try to appeal with the new info that they could have had. Not 100%
correct on this and remember this may vary case by case dependant on circumstances.

But it is always best to maybe include a covering letter that you may feel is important that the HO should know about and for them to Consider.
Kindly help me.

Kind Regards,
Sheffychan

I hope this has helped somewhat.

[sheffychan]

Thank you CMOSUK

[sheffychan]

Hi CMOSUK,

One more question, do we need to show any maintenance fund for this application, if so how much and its for how many months. How about public funds.

Regards
Sheffychan

[CMOSUK]

Hi CMOSUK,

One more question, do we need to show any maintenance fund for this application, if so how much and its for how many months. How about public funds.

Regards
Sheffychan

As far as I'm aware there is no financial requirement nor a language requirement in regards to people applying for ILR after 6 accrued years of DL(DLR).

I would still maybe include a covering letter and maybe explaining how he is supported even though he is under 18 at the moment.

In regards to public funds while on DLR, if your BRP card and DLR grant letter documents does not state "no recourse to public funds" or "no public funds" condition or statement then more likely you are eligible to claim public funds on the same basis as a British national.

This is according to the DLR guidance and guidance updated August 2015.

As you were granted DLR before the rule changes 9 july 2012, this is most likely to apply as this would be the "the old DLR". As the DLR granted after this date if even grantable now, would put you on the 10 year path with the condition of "no recourse to public funds" attached. Although you can apply for this condition to be removed if there is a good enough reason.

If you read or have a look at this thread below it might help you, if it does do let me know. I have tried to gather as much info on this as much as possible but do remember professional and experienced advice is always best.

Click here, by the way it is a bit of wee read.

Again I hope it helps you somewhat.

[CMOSUK]

Hi CMOSUK,

One more question, do we need to show any maintenance fund for this application, if so how much and its for how many months. How about public funds.

Regards
Sheffychan

As far as I'm aware there is no financial requirement nor a language requirement in regards to people applying for ILR after 6 accrued years of DL(DLR).

I would still maybe include a covering letter and maybe explaining how he is supported even though he is under 18 at the moment.

In regards to public funds while on DLR, if your BRP card and DLR grant letter documents does not state "no recourse to public funds" or "no public funds" condition or statement then more likely you are eligible to claim public funds on the same basis as a British national.

This is according to the DLR guidance and guidance updated December 2015.

As you were granted DLR before the rule changes 9 july 2012, this is most likely to apply as this would be the "the old DLR". As the DLR granted after this date if even grantable now, would put you on the 10 year path with the condition of "no recourse to public funds" attached. Although you can apply for this condition to be removed if there is a good enough reason.

If you read or have a look at this thread below it might help you, if it does do let me know. I have tried to gather as much info on this as much as possible but do remember professional and experienced advice is always best.

Click here, by the way it is a bit of wee read.

Again I hope it helps you somewhat.

Made a type error, it is not August but December 2015.

also have a read on this post please,this just confirms there is no financial requirement for ILR to DLR click here

[sheffychan]

Hi CMOSUK,

Thank you for the help, my family have been granted ILR after an application by premium service. The officer interested more on cohabitation documents and school letters.

Regards
Sheffychan

[CMOSUK]

Hi CMOSUK,

Thank you for the help, my family have been granted ILR after an application by premium service. The officer interested more on cohabitation documents and school letters.

Regards
Sheffychan

Thank so much for reporting back on the outcome. If you don't mind but what documents did you put forward for habitation just to give a better idea.?

Again congratulations.

[sheffychan]

Hi,

For the cohabitation I had submitted following:-
GP letter
Utility bills or official letters of 4 different sources for each like BT bill, council tax, bank statements, HMRC letters for the last 3 years.
School letters.
etc..

Regards
Sheffychan

[CMOSUK]

Hi,

For the cohabitation I had submitted following:-
GP letter
Utility bills or official letters of 4 different sources for each like BT bill, council tax, bank statements, HMRC letters for the last 3 years.
School letters.
etc..

Regards
Sheffychan

Thank you for reporting back. If you get a chance do full out your experience on this link (click here) of this sub forum as you had a successful ILR PEO application.

I'm sure it will help others and again many congrats.