Applying SET(O) as a dependent on ILR (LR)

[Malav2]

Thanks Zimba

I will apply my sons as set(0) along with my husband set(LR) application

Please can you help what documents are required for all our applications?

[zimba]

Thanks Zimba

I will apply my sons as set(0) along with my husband set(LR) application

Please can you help what documents are required for all our applications?

Documents are minimal: Passports, LIUK, English language

Your son needs to show he is not leading an independent life (this applies to both family as well as other dependants):

Where a child has turned 18 years of age since the applicant was first granted entry
clearance or leave to remain as a parent under Appendix FM, the child must not
have formed an independent family unit or be leading an independent life.

‘Must not be leading an independent life’ or ‘is not leading an independent life’
means that the applicant does not have a partner (as defined in paragraph GEN.1.2.
of Appendix FM), is living with their parents (except where they are at boarding
school, college or university as part of their full-time education), is not employed
fulltime (unless aged 18 years or over), is wholly or mainly dependent upon their
parents for financial support (unless aged 18 years or over), and is wholly or mainly
dependent upon their parents for emotional support.
This is set out in paragraph 6 of the Immigration Rules.

https://assets.publishing.service.gov.u ... tances.pdf

[Malav2]

Thank you very much Zimba.

[Malav2]

Hi Zimba,

Thanks for all your inputs on my previous queries. My husband and I now have settlement status on ILR(LR)

I had applied my Son's ILR Set(O) as both the parents are now settled and I had chosen 'Apply as a child (dependant on a work visa) > As i was on work visa (last visa) when applying for settlement on LR,

I chose this option because it mentions as 'You can apply for indefinite leave to remain as a dependant on your parent’s work visa even if they settled in a different way. For example because they had been in the UK for 10 years (‘long residence’). Your parent must have had permission to be in the UK on a work visa when they settled.'

However, HO have come back saying "You have submitted an application for settlement as Tier 2 Skilled Worker dependent child. However to be granted settlement under this route you would need to meet SW39.1 of the immigration rule.

Relationship requirement for settlement for a dependent partner or dependent child of a Skilled Worker

SW 39.1. The applicant must be the partner or child of a person (P) where one of the following applies:
(a) P is, at the same time, being granted settlement as a Skilled Worker; or
(b) P is settled in the UK or has become a British citizen, providing P had permission as a Skilled Worker when they settled and the applicant either:
i) had permission as P’s partner or child at that time; or
ii) is applying as a child of P, and was born in the UK before P settled.
SW 39.2. The applicant must either:
(a) have last been granted permission as a dependent partner or dependent child of the person (P) in SW 39.1; or
(b) have been born in the UK and be applying as a child of the person (P) in SW 39.1.
We note that your parents were granted settlement under the long residence route."

Please can you help me what is the correct option and category I should be selecting in SET(O).
Thank you
Mala

[zimba]

I do not see how your son fails to meet paragraph SW39.1 of the immigration rules. You had a skilled worker visa when you settled, so where is the issue ?

In fact, the home office's guide makes it clear that this is possible for partners (meaning the paragraph SW39.1 requirements are satisfied when the lead applicant settles under the long residence and consequently, children should also face no limitation as per that paragraph):

If the lead applicant has settlement on the basis of long residence (including where
they have subsequently naturalised as British citizens) provided they held leave
under the relevant PBS route at the time when they settled, their partner can extend
their permission or gain settlement as a dependant under these routes

https://assets.publishing.service.gov.u ... routes.pdf

Also, the children are expected to apply under the same route as their parents:

A dependent child must be applying on the same route as their parent or parents
The requirement for the child’s parent to have or be applying for entry clearance, permission to enter or stay or settlement ‘on the same route the child is applying for’ means that, for example, if a child is applying as a dependent child of a Skilled Worker, their parent must have, or be applying for, entry clearance, permission to stay or settlement on the Skilled Worker route, either as a Skilled Worker or the partner of a Skilled Worker. This information about the status of the parent can be found on the casework system.

https://www.gov.uk/government/publicati ... accessible

[Malav2]

I have emailed them back with the details for choosing https://www.gov.uk/indefinite-leave-to- ... -work-visa as in this link under the section 'If your parent is already settled' it says 'You can apply for indefinite leave to remain as a dependant on your parent’s work visa even if they settled in a different way. For example because they had been in the UK for 10 years (‘long residence’). Your parent must have had permission to be in the UK on a work visa when they settled.'

however it is 2 days. I have not received any response yet.

In their email they have mentioned - We are able to either withdraw this application (this is non-refundable), or you can submit a further application under an appropriate route and we can vary this application and refund any excess fees paid.
We would not be in a position to proceed with your own application until we have received your instruction.
If we do not receive anything within 10 days we will make a decision to withdraw the application on the information we already have.

Please advise if there is anything I should be doing

[zimba]

You should have told them that you believe they had made an error and that the applicant qualified for ILR as per SW rules

[Malav2]

Thanks Zimba, I just got an email. Think HO rectified their mistake, my son's ILR got approved . Thank you very much for all the insights. very very helpful.
Thanks
Mala

[zimba]

Thanks Zimba, I just got an email. Think HO rectified their mistake, my son's ILR got approved . Thank you very much for all the insights. very very helpful.
Thanks
Mala

Fantastic