Child's eligibility for ILR Confusion

[riti02091]

Hi All,

Me and my husband made seperate applications for ILR and got it in Jan 2019 via 5 year route (2013-18). We have a 3 year old son who has a Tier 2 general Dependent visa (valid till 31st May 2019). I am not sure if we made a big mistake by not including him on my husband's application.

Can I now apply for my son's ILR seperatly ? or do I need to apply for his dependent visa's renewal ?
I will be appling for British citizenship next year, but he was born in india, so what is the best possible options for us so that he can get a british citizenship possibly with me.

I tried to start his ILR application on website and it allowed me, but when I spoke to the helpline, they said he needs to complete 5 years for ILR, not sure if they understood me correctly.

Any help will be much appreciated.

Thanks
Riti

[CR001]

Yes, you should have included him with on the application of the parent who his visa is dependent on or the other dependent parent when they applied for ILR.

You could use form Set(F).

https://www.gov.uk/government/publicati ... -form-setf

You must apply before his visa expires.

There is no minimum residence for small children.

The HO call centre is outsourced to a third party. If you phone again, you will likely get a completely different answer.

[Obie]

Alternatively you could register him after your successful naturalisation application for British citizen. That way you avoid ILR application.

[CR001]

Alternatively you could register him after your successful naturalisation application for British citizen. That way you avoid ILR application.

Suppose he could but risky as child born abroad and current visa expires in May this year.

[riti02091]

Yes, you should have included him with on the application of the parent who his visa is dependent on or the other dependent parent when they applied for ILR.

You could use form Set(F).

https://www.gov.uk/government/publicati ... -form-setf

You must apply before his visa expires.

There is no minimum residence for small children.

The HO call centre is outsourced to a third party. If you phone again, you will likely get a completely different answer.

Hi,
Thanks for your reply, so you mean i can still apply for his ILR as a seperate application?

Regards
Kirti

[Obie]

But their policy says, the expectation for child to have settled status is less important if at least one parent has settled status and the other is British Citizen. Or 1 is British and there is no expectation of the other being removed in the short or medium term.

[riti02091]

Hello Admins,

Need an urgent help I filled up the application and paid for it for super priority service, but in the details it showing me SET (O) form instead of SET (M). What should I do, I have already paid and booked appointment for tomorrow.
How can I get it rectified, please help. Should I first rebook the appointment and then see whats the root to rectify ?

Thanks

[CR001]

Hello Admins,

Need an urgent help I filled up the application and paid for it for super priority service, but in the details it showing me SET (O) form instead of SET (M). What should I do, I have already paid and booked appointment for tomorrow.
How can I get it rectified, please help. Should I first rebook the appointment and then see whats the root to rectify ?

Thanks

The child doesn't qualify on Set(M) as a Tier 2 Dependent.

Set(O) is correct but you could have used Set(F) as I had already advised.

[riti02091]

Thank You so much. I called the helpline again, just to ask if I needed to amend the form, but they were insisting I should go for dependent visa Extension, the person sounded the same customer exec I spoke to yesterday. so I will go ahead with the application anyway, will let you know how it goes.

Many Thanks.

[CR001]

What form are you completing??

There is NO requirement to apply for an extension of the PBS Dependent visa.

Note that the call centre is outsourced to a third party and they are not highly trained and frequently give out incorrect advice and take no responsibility for it either.