Is my son eligible to apply to settle in the UK with me

[vinny]

If he’s rejected, then it shouldn’t affect your application. But I suspect that he will succeed. Just dot the i's and cross the t's.

[Abg85]

Cindy,
Normally application for ILR without both parents will be rejected surely without any doubt but in your case, they have already considered the case under serious and compelling reason sometimes it may be successful by considering the same as an exceptional case. I don't know why this much delay in decision, sometimes it may be due to rejection.

Hi thanks for taking care of my case.

If my son's ILR application is rejected, then what type of visa should he apply to? Will HO directly give him other type of visa, e.g. Tier 2 PBS Dependant? He is now a Year 1 student in a UK university. He does not work. All his expenditures are supported by myself. Will the rejection influence my ILR application?

Sorry for so many questions.

Thanks

[Abg85]

CR001,

Your valuable comment is expected?

CR001,
How Cindy 666 has obtained visa extension? The immigration rules are very clear and my friend's application has rejected recently only because of the same reason.

Hi Vinny and Abg85,

I just read the records of your communication about my case. Many thanks for your taking care of my situation. My details are:
MY Tier 2: 27 Aug 2015 - 31 Jan. 2018, my husband and my son got Tier 2 dependant: 07 Dec 2015 - 31 Jan. 2018. During this period, my son was with me in UK, my husband traveled to and stayed in the UK only max 30 days per year.
I changed my job position in 2017, so I changed my Tier 2 with 26 May 2017 - 14 Aug. 2020. Only my son was with me in the UK and got Tier 2 dependant of 26 May 2017 - 14 Aug. 2020. I did not provide any consent letter from my husband showing my sole responsibility.

As my working contract started from 24 Sep 2015, I have to extend my Tier 2 before apply to ILR (5 years Tier 2). My employer provided me a CoS so that I can apply to extend my Tier 2 from 15 Aug 2020 to 23 Sep. 2021. So I submitted Tier 2 extension application on 29 May 2020 for myself and my son. Unfortunately due to the COVID-19, I have not received any decision yet even I have waited 4 months.

Now I am eligible to apply ILR if my Tier 2 extension is approved. My son has got KoLL passed. Please let me know if my son is eligible to apply ILR with me? According to the previous communication with Vinny, Vinny suggested my son can apply ILR as I hold a sole responsibility raising up my son since I work in the UK. If so, what kind of supporting documents I have to provide along with application? Could we apply to the ILR now given the pending of current Tier 2 extension application?

If my son is not eligible to apply ILR with me, what kind of visa could he apply to? Again Tier 2 dependant? Should he apply to Tier 2 dependant separately?

[vinny]

Now I am eligible to apply ILR if my Tier 2 extension is approved. My son has got KoLL passed. Please let me know if my son is eligible to apply ILR with me? According to the previous communication with Vinny, Vinny suggested my son can apply ILR as I hold a sole responsibility raising up my son since I work in the UK. If so, what kind of supporting documents I have to provide along with application? Could we apply to the ILR now given the pending of current Tier 2 extension application?

See also Sole responsibility, etc.

[Cindy666]

Thanks Vinny.
Please may I ask if any of your solicitors would help apply ILRs for both myself and my son?

[CR001]

Thanks Vinny.
Please may I ask if any of your solicitors would help apply ILRs for both myself and my son?

We aren't solicitors, just volunteer members helping those with immigration queries. Members also cannot namr and recommend solicitors on the forum.

You would need to find one your re comfortable if you wish to use one.

[Cindy666]

Thanks CR001 for your response.
Your teams are great with the volunteer work. Really helpful for me.

[Abg85]

Cindy,

Exactly, as mentioned by CR001, In this forum we are getting reply/advice purely based on the immigration rules and as per my experience the recommendations/advises getting in this forum are almost 100% correct based on immigration rules. Normally getting dependent visa for child without valid visa for both parents are almost nil, but in your case they have already considered your case under the fact that your son is reaching 18,and the rejection may leads to family separation, sometimes you may be successful (But chances are very rare). Then your case will be the rearrest of the rare case. Anyway please update the outcome of your application.

Thanks CR001 for your response.
Your teams are great with the volunteer work. Really helpful for me.

[Cindy666]

Thanks for you all care about my case.
I am still waiting for the decision of the pending application and have not started applying to ILR. Yes, I will update you my progress in anyway.

[Abg85]

Cindy 666,

Any updates?

Thanks for you all care about my case.
I am still waiting for the decision of the pending application and have not started applying to ILR. Yes, I will update you my progress in anyway.

[Cindy666]

Hi,

Sorry for the late response.

My HR said 5yr T2 should be accounted from my working contract (24 Sep. 2015), even my T2 visa is valid since 27 Aug. 2015. As my previous T2 was expired on 14 Aug. 2020, I applied T2 extension in May 2020 and just received my new Tier2 visa that has been extended to 1 Sep 2021. My son's T2 dependant visa also was successful.

I am now working on preparation for ILR application, still not sure if my son is eligible for ILR. He is 19 now and holds 5yr T2 dependant. He is now a Year 1 Undergraduate student in a Uni, no working experience.

According to the statement, see below
"Family members (dependants)
Your partner and children under 18 can apply on the same form as you if they’re eligible."

Still confused how to apply ILR for my son, in which path?

[CULLINAN]

You son who is 19 will apply on a separate SET(O). He will have to pass LIUK and English Requirements. Also, prove that he is not leading an independent life.

https://www.gov.uk/guidance/immigration ... ly-members

319J
319H-SD

Note: Your son’s application will only be successful when your ILR application is successful first.

[Cindy666]

Hi Cullinan,

Thanks for your reply. Yes, my son has passed both the life in the uk and english for settlement exams.

Should we submit our applications at the same time, or should I first apply to ILR and then my son applies after I get ILR successful?

Note: my husband is not eligible to apply ILR at this moment. Considering this, is my son eligible for ILR? I know this question has been asked before, just wish to hear more suggestions.

Thanks.
Cindy.

[CULLINAN]

It is already answered and my answer is the same.

No. A PBS child dependent born outside the UK can only get ILR when both parents are granted ILR. He also must show that he is not living an independent life when that happens

[vinny]

My son's T2 dependant visa also was successful.

In this case, I believe child may apply online in line with parent's ILR application under 319J, especially if they have now granted child's extension, without the other parent applying. Include evidence of sole responsibility, etc., as with extension application.

[CULLINAN]

My son's T2 dependant visa also was successful.

In this case, I believe child may apply online in line with parent's ILR application under 319J, especially if they have now granted child's extension, without the other parent applying. Include evidence of sole responsibility, etc., as with extension application.

I am sorry I did not follow the full thread from the start i.e. you have sole responsibility. In case of sole responsibility follow as @Vinny has stated.

[Cindy666]

My son's T2 dependant visa also was successful.

In this case, I believe child may apply online in line with parent's ILR application under 319J, especially if they have now granted child's extension, without the other parent applying. Include evidence of sole responsibility, etc., as with extension application.

Hi Vinny,

Thanks for tracking my case. I did not provide any evidence of sole responsibility when I applied T2 extension this time for myself and my son.
So you meant my son may apply ILR at the same time when I apply, but we need to apply separately, right? If my son's ILR application is rejected, but mine is successful, does my son's T2 dependant still valid to 1 Sep. 2021? Otherwise, how about my son's visa? This is my concern.

[CULLINAN]

Your son’s existing T2 Dep visa till Sep 2021 will still be valid even if his ILR is refused but yours is successful.
Your son will apply on a separate SET(O) as he is 18+. Only dependent children below 18 can be added in the same account.

[Cindy666]

Hi Cullinan,

Thanks so much for the prompt response. Much appreciate your work on this.

Sorry, may I ask what SET(O) means? I am still doing research on 319J, H-SD.

Cindy

[CULLINAN]

Form SET(O).
https://www.gov.uk/government/publicati ... -form-seto

[Cindy666]

Thanks, Cullinan. Now clear.

[Cindy666]

Hi Vinny and all,

Just update you my case: Both my son and myself ILR applications have been successful. I would thank you for your supportive suggestions and the guidance you provided. Very useful.
And many thanks for your patient answering my tons of questions .

[vinny]

Congratulations!

[stella123]

Dear Cindy,
I have similar application pending decision now.
Though it might not help my case, but would you mind to share your experience, for the benefits of others, what were the documents you submitted to support your child's application esepecially documents pointing to sole responsibility.
On another point, your husband's status, now is his visa still valid/is he present here in the UK?
thanks
stella