ILR for dependent child over 18

[md3]

Child 16 applied (successfully) for FLR with his mother. I believe he can also apply for ILR with his mother when he will be over 18 rather than independently as an adult. For the FLR he was exempt from A2 language test due to age. Will he need BI language test for ILR?

[zimba]

Over 18 years old must apply on their own and need LIUK and English language certificate

[md3]

Now even more confused. Taken from https://www.gov.uk/uk-family-visa/child

If you’re over 18
Your parent can include you in their application as a dependent, or you can apply separately yourself. You can only apply if you:

got permission to stay in the UK (‘leave to remain’) on a family visa when you were under 18
do not live an independent life
You’re living an independent life if, for example, you’ve left home, got married and had children.

If your parent cannot include you in their form and you’re in the UK, you may be eligible to apply for Private Life in the UK (10-year route).

[zimba]

The over 18 needs to apply under SET(F)

[md3]

Apologies for being pedantic but It seems we are not the only ones confused by this situation. Son was included with his mothers' application for FLR(M) aged 16

Can I refer you to a previous post of a similar situation?

Re: Ilr application SET (M) or SET(F) confusion
Post by Pager07 » Thu Sep 13, 2018 2:10 pm

Zimba wrote: ↑Thu Sep 13, 2018 1:39 pm
As it looks that the SET(M) allows you to include the 18+ child, then go ahead and apply under SET(M)

Page07 wrote:Yes that right but the condition being; “ unless they were granted leave in this category at a time when they were under 18 and are now 18 or over”.

Page07 wrote: Granted leave in this category? What do they mean, any idea?


Post by Zimba » Thu Sep 13, 2018 2:51 pm

I assume your son was granted FLR(M) before turning 18, so he was granted FLR under family route and therefore eligible to get ILR under family route.

So as son was granted FLR(M) at age 16 along with his mother, does this mean SET(M) for ILR when he will be over 18?