ILR Set O based on PBS Dependent - Query from Home Office

[hardy10]

Hello All,

I need help from you guys please. I am new to this forum.

I am already on ILR and have applied for my wife's ILR on 28-Sep-2023 as she was still on Tier 2 dependent visa. We have a child as well (born outside the UK) and our child is not included in my wife's application as I was hoping to apply for my child's citizenship along with mine (after my wife potentially gets the ILR).

I have got the below reply from Home Office. I can provide the 24 months docs but can I please ask what does the second query mean? Is it mandatory to include our child in the application? Do I need to worry about it?

Thank you for your application for permission to stay in the UK.

Although we would normally decide your application within Five working days from the date your biometrics were submitted, unfortunately this is not going to be possible in your case.

A decision on your application has been delayed as a result of you not providing the following documents.
• Evidence of current cohabitation for last 24 months e.g. joint bank statements, joint utility bills, Council tax, tenancy agreement or any recent documents confirming the address for yourself and your spouse

we have noticed you have not applied for your child “XXXX” can you please refer to the rule below
• Section 55 imposes a duty on the Secretary of State to make arrangements to ensure that certain specified functions are carried out having regard to the need to safeguard and promote the welfare of children who are in the UK. Subsection (1)(b) requires the Secretary of State to make similar arrangements to ensure that other persons, including contractors, who carry out those functions also have regard to the need to safeguard and promote the welfare of children.

We expect to make a decision as soon as possible.
This needs to be submitted by 19th October 2023
If we do not receive anything within 10 days we will make a decision on the information we already have.

Please let me know if you need more information.

[zimba]

You made an incorrect assumption. Non-UK-born children have NO entitlement to citizenship at all when a parent settles (that is only for the UK-born children). The child must have been included. Such a child normally needs to hold ILR for registration. You need to tell them that was a mistake and you need to include your child. Maybe you have to withdraw and apply again.

Cohabitation evidence is also needed for dependent ILR.

[hardy10]

You made an incorrect assumption. Non-UK-born children have NO entitlement to citizenship at all when a parent settles (that is only for the UK-born children). The child must have been included. Such a child normally needs to hold ILR for registration. You need to tell them that was a mistake and you need to include your child. Maybe you have to withdraw and apply again.

Cohabitation evidence is also needed for dependent ILR.

Hello zimba, Thank you for your reply. Regarding your highlighted comment, is that correct even if both parents are on ILR?

I feel very sorry that I did not know this, is my wife's application now going to be rejected? Are there no other options for me to save this? Also will it help if I have atleast applied for a citizenship?

[zimba]

Even after you become a citizen and your wife settles, your child is normally required to hold ILR before you can register them via discretion (as there is no automatic entitlement).

This should not affect your wife's application. Safeguarding rules require UKVI to enquire about the status of children in these situations. UKVI needs to be satisfied that everything is all good. Write back that you have made a mistake and want to apply for the child too. I believe a separate SET(O) application for your child will do the trick and satisfy the UKVI.

[hardy10]

Ok thank you zimba.