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Daughter born outside Uk

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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disaster786
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Posts: 3
Joined: Wed Feb 12, 2014 9:32 pm

Daughter born outside Uk

Post by disaster786 » Mon Nov 16, 2015 11:37 am

Hi,

I need some advise on following situation:
I got Ilr based on tier 1 (PEO) a week ago, while due to apply by post for my wife, son and daughter. As, son is OK as he came to Uk with us in 2010, but daughter was born in overseas July-12 (got entry clearance 2 months after to join us in UK). My question is:

- Is daughter will be eligible to have ILR along with mom and son, or she will be suffering from Post July-12 rule ? Somebody, told me that home office provision suggest that ".......a minor child cannot be left stranded in a temporary category if both parents have settled..."

- If so, then do i have to mention that in Set 0 form while applying by post for my wife, son & daughter ?

Please share you views as i am really struggling for solution before applying anytime soon.

Kind regards

vinny
Moderator
Posts: 33327
Joined: Tue Sep 25, 2007 8:58 pm

Re: Daughter born outside Uk

Post by vinny » Mon Nov 16, 2015 11:48 am

If wife is applying for SET(O) under 319E, then it's ok to include both children under 319J.
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disaster786
Newly Registered
Posts: 3
Joined: Wed Feb 12, 2014 9:32 pm

Re: Daughter born outside Uk

Post by disaster786 » Mon Nov 16, 2015 12:24 pm

vinny wrote:If wife is applying for SET(O) under 319E, then it's ok to include both children under 319J.

Thanks very much vinny for prompt reply.

So, what i understood is that unless both children goes in wife Set O form then their (kids) date of entry clearances and time in UK don't really matter. There will be no affect on their pre or post July-2012 rule. Also, i don't really need to highlight this part in form as well in other relevant information box (set O).

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