One parent due for ILR . Sole responsibility for Child

[Graced1]

Hello
So myself and my child are eligible to apply for ILR. I am on a Tier 2 5 years route. I submitted my application without including her as my defendant due to the funds availability at different times.

Luckily the funding I was expecting came few days apart and I submitted application for my child just days after. I have my Bio metric appointment to attend on Wednesday and I was in a rush to fill the form for my child so maybe she can get same Bio metric appointment date I got and we can do the trip same time.

I have submitted her form (Set F) and yet to book a Bio metric appointment for her. I have just realised I mistakenly used a set F form instead of set O for her, as I have not yet received my ILR decision.

Though I paid for a 24 hour fast track for myself and I expect a decision maybe on Thursday (hoping everything goes on well).

My question is:
1. should i withdraw my application and resubmit a new form for myself which I can now include my child as my defendant under same application/form.Note that my Biometric appointment is in 2 days so I would like to know how best to go about this since I have not done Biometric. Am I allowed on this ground to withdraw my application and would I get a refund?
2. Should i withdraw my child's application and resubmit a fresh application using Set O for her. Am I allowed on this ground to withdraw my application and would I get a refund?
3. Should I leave her submitted Set F form and schedule her appointment a date after I receive my decision since I paid for fast track. Would they consider that at the time i filled the set F form,I the parent sponsoring her have not been granted ILR?

I am confused and worried. Please HELP

[zimba]

I suggest not attending your biometrics. You better apply for ILR again using form SET(O), including the child in the application. This will be a variation of the previous SET(O) application for you. No need to withdraw that. You should only withdraw the SET(F) application. You should be refunded for the first SET(O) and the SET(F) applications.

[Graced1]

Hello
I am in the UK with my child and our Tier 2 visa would expire. We are due to get ILR. My partner does not fulfill the conditions as he mainly lives in our home country but comes to visit. He would only extend his residence permit but would be done in a separate application when he arrives in the UK.

Infact, I have applied for mine and have my Biometric appointment this week. I plan to apply for my child next week. So all our applications would be put in separately. Hope this would not affect any of the decisions?

Our child lives with me in the UK for the whole 5 years and never went to our home country to see my husband during the 5 years we migrated to the UK. My husband has a Tier 2 dependent permit and comes to visit us.

My questions is would that affect the decision for ILR for my child?

I am solely responsible for our child here in the UK and If I want to proof sole responsibility, what are the sufficient documents to provide? Do I ask for letter from the school stating that I drop them daily at school and pick up.

Please your advice would be appreciated.

[Graced1]

Thank you so much.

I will withdraw the Set F i filled for my child right away and include her in a new set O for myself. Do you know how long the refund takes as I need it to apply for the new one.

If I do not withdraw my initial Set O application and just fill a new Set O, how do i get the refund for the initial set O I submitted?

How does variation work? Is it a fresh new application OR there is a place where I indicate I am replacing an Old one?

[Graced1]

Also If I have paid for fast track and not attended Biometric appointment. Do i get the full refund for application fee and fast track?

[zimba]

Thank you so much.

I will withdraw the Set F i filled for my child right away and include her in a new set O for myself. Do you know how long the refund takes as I need it to apply for the new one.

If I do not withdraw my initial Set O application and just fill a new Set O, how do i get the refund for the initial set O I submitted?

How does variation work? Is it a fresh new application OR there is a place where I indicate I am replacing an Old one?

I just saw your other post about sole responsibility and ILR. I merged it here above. By the look of it, your child WILL NOT qualify for ILR as you do not seem to have sole responsibility for the child. The arrangements you described do not suggest sole responsibility. A child simply living with you here and the father visiting may not suggest sole responsibility. Please do not touch your application unless this is clarified here.

There are specific factors that will be considered in assessing sole responsibility:

•Whether the parents are married/in a civil partnership
•If the marriage/civil partnership is dissolved – which parent was awarded legal custody
•If the sponsoring parent has migrated to the UK – how long have they been separated from the child and what relationship they have with the child
•If the sponsoring parent has migrated to the UK, the nature of the child’s care arrangements before and after they migrated
•Who bears the child’s maintenance costs and at what proportion
•Who makes the important decisions about the child’s upbringing, for example, where the child lives, which school they attend, etc

Check out the 'Sole parental responsibility' section in this guide: https://assets.publishing.service.gov.u ... tances.pdf

[Graced1]

Indeed so. I thought to ask the question separably since they are both different topics.

So I am the sponsor on a Tier 2, the child lives with me since we migrated here,I make school decisions and take care of them here in the UK and I am solely responsible for them here in the UK, Mortgage and previous rent contracts are is in my name.
My husband/their dad comes to visit us. My husband is on a Tier 2 dependant and plan to renew his residence permit in the coming weeks since his absent days does not qualify him for ILR.

I have applied for my ILR last week. I applied using set F for the child today which we discussed earlier to withdraw and include in a new new Set O application for myself.

[zimba]

Both queries are very much connected. As you see above, that does not look like sole responsibility. You should not interpret that literally. Sole responsibility often means the father does not have any involvement with you or the child. Your child will follow the immigration path of the father and settle when he settles, assuming the child was born outside the UK. The appropriate path for the child is an extension under the dependant route as the child very likely cannot get ILR

[vinny]

In-country settlement applications for children and the different sole responsibility requirements.

[Frontier Mole]

Sole responsibility will not be entertained for your child in the circumstances you have described. Your spouse / partner holds a dependent visa and if he has not met the ILR requirements your child will not be granted ILR until such time as your spouse / partner meets those requirements.

ILR for children follows the lessor entitled parents’ status. So if your spouse / partner is not going to meet the ILR requirement then your child will not gain ILR based on the current tier 2 / Skilled worker route. There are other ways to gain ILR but that will involve a longer period of residency in the U.K. and possibly depending on the child’s age if they qualify.