ILE Child

[cary1985]

Hi,

My friend and his wife currently hold ILR (both granted last year), and they had a baby in their home country a few months ago. Now they want to bring their baby back to the UK, so they are applying ILE for the baby. They have filled out the online form, and at the end of the form, the system asked my friend to download appendix 2 since the system showed:

“Non-British child of a parent (granted permission to be in the UK before 9 July 2012)-download appendix 1

Non-British child of a parent (granted or currently applying for permission to be in the UK on or after 9 July 2012)-download appendix 2”

However, when he went through appendix 1 and 2, he thought appendix 2 is not the correct form and they should fill out appendix 1. They are really confused now and wondering if anyone in this forum can help?

[CR001]

It is appendix 1 for a child applying on their own. The UKVI website states this very clearly.

Which form exactly did you complete??

https://www.gov.uk/uk-family-visa/child

Apply separately
Which form you need to fill in depends on whether your parent has leave to enter or remain in the UK on a 5 or 10-year route to settlement as the partner of:

a British citizen
a person with indefinite leave to remain
a person with refugee status or humanitarian protection
If they do, you must fill in the Appendix FM online form.

Did you complete this one??

If they do not, you must fill in both:

the online application form
the Appendix 1 paper form

Or this one??

[cary1985]

It is appendix 1 for a child applying on their own. The UKVI website states this very clearly.

Which form exactly did you complete??

https://www.gov.uk/uk-family-visa/child

If they do not, you must fill in both:

the online application form
the Appendix 1 paper form

Or this one??

Yes, the latter one. My friends and his wife were Tier 1 business partners and they both got ILR through Tier 1 as main applicants, not dependent.

Do you suggest my friends download and complete appendix 1 and ignore the instructions from the system?

[CR001]

Appendix 1 is the only appendix relevant to a child applying on their own when their parents have ilr since before the child's birth. Parents route to ilr is irrelevant

[cary1985]

Appendix 1 is the only appendix relevant to a child applying on their own when their parents have ilr since before the child's birth. Parents route to ilr is irrelevant

Thank you CR001. Could you please confirm if my friends filled out the correct form? And now they need to go ahead to complete appendix 1?

I am not sure if I understand it correctly.. In the link you provided, it says if one of the parent is an ILR holder’s dependent, they need to fill out Appendix FM. And that was also why I stated my friends’ route to ILR. Since none of my friends got ILR as dependent, they should fill out “online application form” and appendix 1. Am I correct?

[CR001]

Could you please confirm if my friends filled out the correct form? And now they need to go ahead to complete appendix 1?

If they filled in the second option in my quoted text I provided, then it is the correct form.

I am not sure if I understand it correctly.. In the link you provided, it says if one of the parent is an ILR holder’s dependent, they need to fill out Appendix FM.

ILR dependent is NOT ILR. It is a spouse visa, ie. a 30 month visa.

And that was also why I stated my friends’ route to ILR. Since none of my friends got ILR as dependent, they should fill out “online application form” and appendix 1. Am I correct?

It is IRRELEVANT what route either parent took to ILR. ILR is the same, regardless of category of visa previously held. The child applies on the same application regardless of what route the parents followed to both get ILR.