Visa for my 3 year old vchild

[Tvaswani]

Hi all,

I have a query regarding my 3 year old daughters visa. My daughter was born outside of the UK.

I have an ILR and my wife's ILR application is in process.

Can you please share What visa would I apply for my daughter?

Thanks
T

[zimba]

Hi all,

I have a query regarding my 3 year old daughters visa. My daughter was born outside of the UK.

I have an ILR and my wife's ILR application is in process.

Can you please share What visa would I apply for my daughter?

Thanks
T

The child should have been included in the same application and the UKVI will probably enquire about this, unless your wife applied under the long residence route. What is her route to ILR ?

[Tvaswani]

Thanks Zimba, we are taking the long residence route

[zimba]

Thanks Zimba, we are taking the long residence route

Then the child can settle using form SET(F)

https://visas-immigration.service.gov.uk/product/set-f

[Tvaswani]

Thank you again Zimba, however the below para contradicts?

Do not use this form if:

your current leave to remain is as the child of a parent who is (or parents who are) applying for settlement on the 10-year family route. Applications for settlement on that route will open on 20 June 2022 when the new 'Settlement as a partner or parent' and 'Settlement as a child (including a child aged over 18 already in the UK as a dependent)' forms will be available on the gov.uk website.

[zimba]

Thank you again Zimba, however the below para contradicts?

Do not use this form if:

your current leave to remain is as the child of a parent who is (or parents who are) applying for settlement on the 10-year family route. Applications for settlement on that route will open on 20 June 2022 when the new 'Settlement as a partner or parent' and 'Settlement as a child (including a child aged over 18 already in the UK as a dependent)' forms will be available on the gov.uk website.

No, it does not. That note is for people who need to settle under the family and private life routes introduced in 2022.
Also note that settlement under 10-year family route should NOT be confused with the settlement under 10 years long residence route
What is the visa type of your partner ?

[Tvaswani]

Thanks Zimba, partner is going to apply as a 10 year long residence route, sorry I am not aware of 10 year family route.

I have used the same route too.

Struggling to find an option for my child who was born abroad.

[CR001]

Form Set F for the child as you have already been advised!

[Tvaswani]

Thanks Zimba, sorry on closely reading, its NA for 10 year family route and that is not the one we have taken. I'll go ahead with the form.

Thanks CR001

[Tvaswani]

I am reviewing the guidance it says both parents should have settled status. In my case only I have settled status and my wife's application would be still in progress, would that be Okay?


If you live with 2 parents in the UK, both must be settled in the UK.

https://www.gov.uk/indefinite-leave-to- ... amily-visa

PS my child is currently a dependent of my wife who is a student

Thanks

[vinny]

Unfortunately, cannot include dependants in SET(LR) applications. In child’s SET(F) application, request them to wait until mother’s ILR application is decided. If mother’s ILR application fails, then child’s ILR application may also fail.

[zimba]

Apply using SET(F) as advised and include a cover letter. mentioning that the mother is settling at the same time and including her UAN in the letter. UKVI knows what to do

[Tvaswani]

Unfortunately, cannot include dependants in SET(LR) applications. In child’s SET(F) application, request them to wait until mother’s ILR application is decided. If mother’s ILR application fails, then child’s ILR application may also fail.

Thanks Vinny, only issue I have is childs dependent visa would expire in April, so with the current timelines I dont think my wife would get the ILR in that timeframe

[Tvaswani]

Apply using SET(F) as advised and include a cover letter. mentioning that the mother is settling at the same time and including her UAN in the letter. UKVI knows what to do

good point Zimba, thanks

[Tvaswani]

Apply using SET(F) as advised and include a cover letter. mentioning that the mother is settling at the same time and including her UAN in the letter. UKVI knows what to do

good point Zimba, thanks

Hi,
Thanks for the reply so far
In the below 2 points, first point in my case is that my daughter was on Tier 4 dependent on my wife's Tier 4 visa, is it's still ok?

Apply as a child (family visa)
You may be able to apply for indefinite leave to remain as a child.

You may be eligible if both:

you have a family visa as a child - there’s a different way to apply if you’re a dependant on your parent’s work visa
your parent is a British citizen or settled in the UK

[zimba]

The child's current visa type is irrelevant when applying via SET(F)

[Tvaswani]

The child's current visa type is irrelevant when applying via SET(F)

Thanks Zimba, I know this is going to be really annoying you, I still cant figure out in the guidance I am pointed to another form for 10

How to apply
You’ll be told which documents you need to provide when you apply.
Apply online

You must apply online to settle as a child in the UK. _ This is your link of set[f]

There’s a different way to apply as the child of a parent or partner on the 10 year route. - this another link, should i be using this as I am taking 10 year route?

https://visas-immigration.service.gov.u ... 2yEALw_wcB

or ar both same? really confused

Apologies in advance

[zimba]

That is the form for people who want to apply under the family/private life route, introduced in 2022. I explained that above when you questioned the note on form SET(F).

The family/private life routes are NOT the appropriate routes for your child. Use form SET(F)