ILR for Spouse and Child

[Kam1234]

Dear All

I have gone through all the topics related to my quarry. However, I didn't find specific advice on that particular concern. Please grant me your valuable advice regarding my case as I found always the advice given on this board has always been precious for me.

I have received my ILR on 27th October 2016. My spouse was granted entry clearance on 3rd April 2012. She entered in UK on 5th September 2012 (Please note that the rules for dependent were changed and those dependants who were granted Dependant visa on or after 9th July 2012 will have to complete 5 years of probationary period before eligible for ILR). It is eminent to mention that I was on Tier 2 General Visa before ILR and my Spouse and Child were on Tier 2 dependant Visa. Both of them living in UK continuously with me since September 2012.

My questions are as follows:

1. Should I proceed to apply for ILR for my dependants mentioned above (keeping in view that they come under 2 year rule rather than 5 year rule as they were granted entry clearance before 9th July 2012 although they started living with me since September 2012.
2. If I apply for My Spouse for ILR, what will be right form to use either SET -0 or SET-M
3. What will be the right form for my Child?
4. Can I apply for ILR for my Spouse and Child separately. Means first I apply for my spouse, and after her grant of ILR, I will apply for my Child?

I would be really grateful for the advice

Many Thanks

[CR001]

1. Should I proceed to apply for ILR for my dependants mentioned above (keeping in view that they come under 2 year rule rather than 5 year rule as they were granted entry clearance before 9th July 2012 although they started living with me since September 2012.

Yes, they can apply now.

2. If I apply for My Spouse for ILR, what will be right form to use either SET -0 or SET-M

Set(O)

3. What will be the right form for my Child?

Same form as mother. Fill in mother as main applicant and child as dependent.

4. Can I apply for ILR for my Spouse and Child separately. Means first I apply for my spouse, and after her grant of ILR, I will apply for my Child

Yes, but why complicate and drag it out. When do their dependent visa expire?.

[Kam1234]

Thanks CR001 for your precious reply

Their Tier2 dependant visa is expiring on 6th September 2017. Basically i am afraid of rejection. Therefore, I would like to proceed first for my spouse. If she will be approved, I will proceed for my son.

In case if her visa is refused, my son's visa will also be refused as well, as I read that both parents should have settlement or eligible for settlement before granting ILR to the child. that is the reason I like to proceed first my wife and son.

Do you think it is not reasonable

Please advice me

Many thanks

[CR001]

If your wife meets the requirements for ILR then there is no reason it will be refused.

What reason do you think might result in a refusal??

[Kam1234]

If your wife meets the requirements for ILR then there is no reason it will be refused.

What reason do you think might result in a refusal??

Well the only thing I am worry about is her arrival in UK. Her grant of entry clearance was 3rd Aprl 2012 (before rules changed on 9th July 2012 for 5 years requirement. She arrived in UK after 9th July 2012 means after 5 months of her grant of entry clearance. Does that impact on her application and probation period for 2 years for her settlement in the UK?

[CR001]

No it does not. The relevant date are the date the visa was issued to determine which rules apply (2 years or 5 years).

She only needs two years residence to qualify for ILR as a pre July 2012 visa holder. The date she arrived does not affect this.

[Kam1234]

Thanks a lot for your advice. Its really appreciated

[Kam1234]

Dear Experts,

I have few questions regarding ILR of my child. I didn't get specific answer about my quarry, therefore I am posting this topic.

I received ILR on 27 October 2016. I was on Tier 2 General before that
My Mrs got ILR on 8th November 2016. She was on PBS Dependant (Tier 2)
Our Son who is seven years old is required to have ILR now. He is on PBS Dependant (Tier 2) as well.

My questions are:

1. What application I need to submit, is it SET -O form? If yes, where he will be in SET -O. Will he be as main applicant or dependant?

2. Please post a link for the documents required to submit for the application of ILR for my child. If there is no link available, can somebody please write the list of documents.

I will be much obliged.

Many Thanks

[Kam1234]

My Mrs was granted ILR today. Thanks for the help

[vinny]

I believe child has a choice of SET(O) or SET(F).

[Kam1234]

Hi There

I called the UKVI today, They advised me to fill in SET F form for my child.

On Set F from page 13 there is a question:

3.7 Did your sponsor provide financial support to you while you were living in your home country? please provide documentary evidence of any financial support you received from your sponsor while you were living in your home country?

How can I fulfil that requirement. Of course I am father and fulfilling the requirements of my son. But from back home how can I bring documents or provide documents to proof my support.

Please provide me your expert opinion

Thanks and regards

[CR001]

Set(O) is probably easier.

[Kam1234]

Can somebody confirm please:

I and my Mrs got ILR now. Our child was born in 2009 outside the UK. He is with us in UK since 2012 on PBS dependant. Does he needs ILR or can we register him as British Citizen. Thanks A lot. Before getting ILR. I was on Tier 2 general visa and my wife was on PBS dependant.

Many Thanks

[ohara]

Children born outside the UK are expected to have ILR in order to be registered under section 3(1). Also, both parents should have ILR and at least one should be applying to naturalise at the same time.

[Sega]

Hello Kam123,

Congratulations on your wife's ILR grant.

Could you please let me know the list of documents you provided along with completed Set O form?

Kind regards,
Sega.

[nag_kumar]

Dear Kam1234 & Sega,
I am in a situation where you have been before. Me and my wife got ILR recently and I need to apply ILR for my kids. Can you please advice me on following queries?
1. Which form to use SET (O) or SET (F)
2. Do I need to show maintenance of Funds? If so, what is the amount and duration?
3. List of documents needed for the application.

Many thanks in Advance for your help!

Regards,
Kumar