ILR on SET (O) Query

[junior_k]

I am a young guy 24. I am due to apply for ILR on the SET (O) form below is my immigration background.

1) Moved to England in Dec 2002 as a dependent on my mothers work permit.

2) Had difficulty renewing my visa as a dependent due to the fact that I was over 18, 5 residence permit was granted on appeal (2006).

3) Applied for ILR by post however the cheque bounced and the application was returned.

4) My mother has since been granted citizenship.

I have been a student since 2006 and I have now completed my degree and secured graduate employment as an engineer. I now plan on going for a face to face application as soon as possible at Solihull.

My question is what is the likely outcome ?? Apart from the obvious, below are the documents I plan on taking with me:

Passport.
Proof of residence
My mothers passport
Proof that I have been in education, letter from University, references from teachers and references from my placement.
Proof of employment, i.e. the employment contract for the job im starting in Sept.
A cover letter to go with the application

Please advise.

[geriatrix]

1. Under which immigration category was your leave granted (in 2006)?
2. Is that leave still valid or has it expired?
3. Why did you not apply for settlement at the same time as your mother?

See also independent life.

[junior_k]

1. I was granted a residence permit as a dependent of my mother.
2. It expired in February, However I had sent the application to the Home Office before it expired but the cheque did not clear and my application was returned in April.
3. I did not apply for two reasons 1) We thought I wasnt eligible. 2) The finances were not available.

[geriatrix]

In such case, you are presently an overstayer and, as per the following immigration rules, it seems that you are no longer eligible for settlement:

(ii) he is under the age of 18 or has current leave to enter or remain in this capacity;

If your leave expired in February, you do not hold valid current leave.

An application for indefinite leave to remain in this category may be granted provided the applicant was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K).

You are not applying for settlement at the same time as the main migrant (i.e. - person you are a dependent of, your mother).

[junior_k]

From what you are saying it seems as if I am in a tricky situation. I ht the have just found out that I could not have applied at the same time as my mother because she had been in the country for longer than I had and as such we felt that I did not meet the length of stay requirement.

Just to confirm: My initial application was sent before my visa expired, and so for that application I was on time, since this is a re-application. Does this mean I am still classed as an over-stayer ??

[geriatrix]

Dependant(s) of WP migrants aren't (and never were) subject to any "qualifying residential period".

If your last leave expired in February and your application was returned in April as invalid for non-payment of fees and you did not (re)apply immediately then, then you have been an illegal migrant since the day your last leave expired in February.

Unfortunately, you may have ended up in the situation that you are in today for relying on what you "felt" rather than seeking advice regarding immigration rules that apply to you.

[junior_k]

Thanks for the help. I'm going to see a solicitor.

[junior_k]

Went to Solihull PEO and was granted ILR on Monday, the caseworker didnt even mention the overstaying, all he asked me to do was to produce. Also my passport had expired.

Proof that I lived at he same adress with my mother.
Proof that she actually is my mother
Her passport.

Thanks for all the help Shush.