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Seeking Advice and Experience on ILR Application for Child (SET F)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Khedkarsanto
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Eligibility for ILR

Post by Khedkarsanto » Fri Nov 10, 2023 3:18 pm

Hi All,
I wanted to know if my kid(born in uk year 2020) during the birth we(parents) were not having ILR, And We have applied for ILR(parents only) recently and not for kid(as we are not yet sure if we should take citizenship for my kid.

My question here is - Does my kid is eligible for ILR?(if we decide to not to go for citizenship) Kid is born in UK and not completed 5 years on Tier 2 Visa.

I hope I get some help here.

Thank You.

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zimba
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Re: Eligibility for ILR

Post by zimba » Fri Nov 10, 2023 4:48 pm

Children do NOT have any residence requirements. They can settle when both parents settle. If you do not want to register the child as British, then ILR is the way to go
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Khedkarsanto
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ILR - Additional document request by home office

Post by Khedkarsanto » Mon Dec 18, 2023 11:52 am

Hi,
I received email from Home Office and they have asked documents in scanned copy so I am confused and not sure what is the difference between scanned and digital downloaded documents.

Here is the message from them for reference -

Dear *****************

Ref: ****************

We are considering your application and need further information from you. Please provide the following within 10 working days of the date of this request:

Your September 2023 bank statement and September 2023 payslip. This much show the wages going into your bank account.

Please send this evidence as a scanned attachment(s) within 10 working days to ****************(email id)quoting your application reference number stated above.


So can someone please help me here with this confusion what I have?

P.N - I have already sent them digital downloaded statements and payslip to them but want to re+confirm here.

Thank You.

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alterhase58
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Re: ILR - Additional document request by home office

Post by alterhase58 » Mon Dec 18, 2023 1:10 pm

I doubt anyone here would know why they requested something you have already sent.
Suggest you sent these two documents and point out was already sent when you applied.
Not much else you can do.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

asingh42
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Re: ILR - Additional document request by home office

Post by asingh42 » Tue Dec 19, 2023 10:00 am

Khedkarsanto wrote:
Mon Dec 18, 2023 11:52 am
Hi,
I received email from Home Office and they have asked documents in scanned copy so I am confused and not sure what is the difference between scanned and digital downloaded documents.

Here is the message from them for reference -

Dear *****************

Ref: ****************

We are considering your application and need further information from you. Please provide the following within 10 working days of the date of this request:

Your September 2023 bank statement and September 2023 payslip. This much show the wages going into your bank account.

Please send this evidence as a scanned attachment(s) within 10 working days to ****************(email id)quoting your application reference number stated above.


So can someone please help me here with this confusion what I have?

P.N - I have already sent them digital downloaded statements and payslip to them but want to re+confirm here.

Thank You.
I would get it printed in the bank, stamped and signed by the staff there and then send it again with a cover letter.

Khedkarsanto
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Re: ILR - Additional document request by home office

Post by Khedkarsanto » Wed Dec 20, 2023 2:00 pm

Digital upload did work, It was very confusing for us but I just received email and ILR s approved, Wating for BRP to receive now.

Thank you all for your reply and help.

Khedkarsanto
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ILR FORM Query for UK born child(Parents setteled(5year route) after child was born)

Post by Khedkarsanto » Mon Jan 29, 2024 11:07 am

Hi All,
Its been while I was deciding wether to go with UK citizenship or ILR for my UK born child under 18(When child was born both parents were not setteled) but now both parents are setteled.

I have decided to go with ILR at this time and decided if we need citizenship in future and go from there.

My questin here is when I started to read information on gov.uk I did come across two forms(set'o' and set'f'), I am bit confuse here and wanted some help to find out which one I should use as both seems to be valid options based on our circumstances but just want to conform with you all.

Thank You.
S k.

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zimba
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Re: ILR FORM Query for UK born child(Parents setteled(5year route) after child was born)

Post by zimba » Mon Jan 29, 2024 11:58 am

When both parents are already settled, SET(F) is used for children when they are applying on their own. SET(O) is used when adults and children are applying together, so you can include the children in the same application.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Khedkarsanto
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Re: ILR FORM Query for UK born child(Parents setteled(5year route) after child was born)

Post by Khedkarsanto » Wed Jan 31, 2024 9:22 am

Thank you for your reply and assistance. I'm curious if you have any information about regaining Indian citizenship. In case if We considering obtaining British citizenship for our child now, with plans for the parents to follow next year. Do you know anyone who has successfully regained Indian citizenship after being away or staying in India with OCI for 10 years, both for parents and their minor child? We want to keep the option open for our child's future education and hence british citizehship, but if circumstances changes and staying in India is what gets decided down the line then child has to do schooling in India but that could be expensive since she'll have British citizenship by then. These are the questions on my mind.

Overall, our goal is to settle back in our home country, but we want to keep our options open for the future in case of any job-related circumstances that arise, allowing us to navigate between both worlds. Your suggestions are greatly appreciated.

Thank you,
S k.

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zimba
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Re: ILR FORM Query for UK born child(Parents setteled(5year route) after child was born)

Post by zimba » Wed Jan 31, 2024 3:44 pm

I cannot comment on how the Indian nationality works but I believe if the child holds an Indian passport and registers as Britsh, they will lose Indian citizenship. Children born with dual British/Indian citizenship (to a British parent and an Indian parent or to an Indian parent with ILR in the UK, for instance) can apply for a CoE-RoA in an Indian passport, as they have the right to both the CoE-RoA (being a British citizen) and to an Indian passport (being an Indian citizen).
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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CR001
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Re: ILR FORM Query for UK born child(Parents setteled(5year route) after child was born)

Post by CR001 » Wed Jan 31, 2024 3:55 pm

Khedkarsanto wrote:
Wed Jan 31, 2024 9:22 am
Thank you for your reply and assistance. I'm curious if you have any information about regaining Indian citizenship. In case if We considering obtaining British citizenship for our child now, with plans for the parents to follow next year. Do you know anyone who has successfully regained Indian citizenship after being away or staying in India with OCI for 10 years, both for parents and their minor child? We want to keep the option open for our child's future education and hence british citizehship, but if circumstances changes and staying in India is what gets decided down the line then child has to do schooling in India but that could be expensive since she'll have British citizenship by then. These are the questions on my mind.

Overall, our goal is to settle back in our home country, but we want to keep our options open for the future in case of any job-related circumstances that arise, allowing us to navigate between both worlds. Your suggestions are greatly appreciated.

Thank you,
S k.
If you formally register the child as British on form MN1, they lose their Indian citizenship, as do the parents if they also apply.

What you want to potentially do, have the best of both, is not possible.

Also, any questions related to Indian authority processes etc, should be posted in the 'Other Countries' sub forum, link below, as these questions are not relevant to the ILR sub forum.

other-countries/
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: ILR FORM Query for UK born child(Parents setteled(5year route) after child was born)

Post by secret.simon » Thu Feb 01, 2024 11:17 am

zimba wrote:
Wed Jan 31, 2024 3:44 pm
I cannot comment on how the Indian nationality works but I believe if the child holds an Indian passport and registers as Britsh, they will lose Indian citizenship. Children born with dual British/Indian citizenship (to a British parent and an Indian parent or to an Indian parent with ILR in the UK, for instance) can apply for a CoE-RoA in an Indian passport, as they have the right to both the CoE-RoA (being a British citizen) and to an Indian passport (being an Indian citizen).
That is also my understanding, that children born with both nationalities can retain both till the age of 18 (and can thus apply for a CoE-RoA in their Indian passport), but that children who acquire another nationality after birth automatically lose their Indian citizenship by operation of Indian law.

Application for a CoE-RoA requires the applicant to have a non-British passport, inside which the CoE-RoA is stamped/stuck. So it requires the applicant to have dual British/non-British nationality. If the user has lost the other nationality, CoE-RoA is not an option.

An alternative for you may be to have the child keep Indian citizenship with ILR, but that of course requires the child to not have long absences from the UK. After any continuous absence of two years, ILR automatically lapses. But it can also be cancelled if the person is absent (i.e. not resident) from the UK for long periods of time.

Another factor to keep in mind, especially from the viewpoint of higher education, is that to qualify as a Home Student, apart from holding either ILR or British citizenship, the applicant needs to be resident in the UK for at least three years before the first day of the first year of the course. And that requirement applies even to British citizens.

As CR001 has mentioned above, the loss or otherwise of Indian nationality is a matter for the Other Countries forum.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Khedkarsanto
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Re: ILR FORM Query for UK born child(Parents setteled(5year route) after child was born)

Post by Khedkarsanto » Thu Feb 01, 2024 8:07 pm

Thank You Very Much everyone for your efforts and valuable reply, I will continue discussion under the other countires section and hopefully will help me in future for sure.

Thank You,
S K.

BashirB
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Re: ILR FORM Query for UK born child(Parents setteled(5year route) after child was born)

Post by BashirB » Thu Feb 01, 2024 8:49 pm

What you are trying to achieve may not work with the uncertain plan you have.

Even if you were to relocate today, by the time you have stayed 10 years in India on OCI, reapply for Indian Citizenship and get it within a week, your child (born in 2020) will be around 14 years. This is assuming all paperwork happens within days of applying. You will already incur NRI fees for all those years as British resident in India. The child will enjoy local Indian rates in fees for 2-3 years. Then assuming he comes to UK again for university, you will have to restart the UK citizenship process because you would have renounced the British one to get Indian one. That places your child on same level as anyone else coming from overseas to study here and pay foreign student fees.

Cost wise there are too many setbacks. But if having an Indian passport is what provides peace of mind, then money will not be an issue.

Khedkarsanto
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Consent form for child application

Post by Khedkarsanto » Fri Apr 26, 2024 10:23 am

Hi,
I am above to submit ILR set(F) for my UK born child and filled the form, But I see there is concent form Part 1 for the applicant and part 2 and part 3, I am not sure who should sign this as child is only 3 years old.
Should I use thumb impression there or parent should sighn the form?
or should I wrtie cover letter?

Thank you.

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zimba
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Re: Consent form for child application

Post by zimba » Fri Apr 26, 2024 12:15 pm

Khedkarsanto wrote:
Fri Apr 26, 2024 10:23 am
Hi,
I am above to submit ILR set(F) for my UK born child and filled the form, But I see there is concent form Part 1 for the applicant and part 2 and part 3, I am not sure who should sign this as child is only 3 years old.
Should I use thumb impression there or parent should sighn the form?
or should I wrtie cover letter?

Thank you.
Thumb impression ?? :lol:
Any form must be signed by the parent (or the legal guardian) for anyone under 18, on behalf of the child.
Only signature on part 1 & 2 are enough
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Khedkarsanto
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Re: Consent form for child application

Post by Khedkarsanto » Fri Apr 26, 2024 12:23 pm

Thank You Very Much Zimba.

Khedkarsanto
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Seeking Advice and Experience on ILR Application for Child (SET F)

Post by Khedkarsanto » Tue Sep 17, 2024 1:49 pm

Hello Everyone,

I'm seeking some information or advice from anyone who has experience with the ILR application process.

I submitted an ILR application on behalf of my 3-year-old daughter, who was born in the UK before her parents obtained settled status. Both parents were granted ILR last December, and we applied for our daughter’s ILR on 27th April 2024 using the SET F form.

I’m wondering why the process is taking so long. I understand the standard timeline is 6 months, but I’ve seen others on this forum who applied after April already receiving decisions, while we are still waiting to hear from the Home Office.

If anyone has applied for ILR using the SET F form (standard process), could you please share your experience? It would really help to get some peace of mind.

I also want to ensure that SET F was the correct application. For context: my daughter was born in the UK, is 3 years old, was on a dependent visa, and we applied for her ILR after her parents were granted settled status in December.

Thanks in advance for any insights!

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zimba
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Re: Seeking Advice and Experience on ILR Application for Child (SET F)

Post by zimba » Tue Sep 17, 2024 3:58 pm

As you see above, you previously received sufficient advice on how to proceed with all your options. We cannot tell you when to expect an answer from UKVI regarding a SET(F) application. The application of others has no relevance to this application whatsoever as every application is unique and decided on its own terms. You may contact the UKVI to seek some updates but expect to be told some generic response.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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