Life in the UK Test and under 18 when first granted entry

[thecomptroller]

I am just planning ahead for my ILR application in 2 years time.

Is anyone able to clarify please whether my 2 daughters (who are now age 18 and 20 but were under the age of 18 years when they were first granted entry under the family route 3 years ago) need to pass the Life in the UK test and meet the English language requirement.

I am aware that they are able to apply on SET(M) with me as Para 3 of the guidance notes says "Dependent children over the age of 18 may not apply on this form, unless they were granted leave in this category at a time when they were under 18 and are now 18 or over. Dependent children aged 18 or over must show that they have not formed their own family unit or be leading an independent life".

However, it is unclear whether they need to pass the Life in the UK test and meet the English language requirement. I would guess not as Para 2 of the guidance notes defines a “Child” as meaning "a dependent child who was under the age of 18 years when they were first granted entry under this route".....but, Para 2 of the guidance notes later says "In order to qualify for indefinite leave to remain, all applicants aged 18-64 must meet the two parts of the Knowledge of Language and Life in the UK requirement, by passing the Life in the UK test and by meeting one of the following language qualifications".

They didn't need to meet the English language requirement on our application 6 months ago for the second 2.5 year period under the family route.

WOW and the fees...and the waiting times....just WOW WOW WOW.

[CR001]

Is anyone able to clarify please whether my 2 daughters (who are now age 18 and 20 but were under the age of 18 years when they were first granted entry under the family route 3 years ago) need to pass the Life in the UK test and meet the English language requirement.

Yes, they need B1 English AND the LIUK as they are over 18. They are not exempt for ILR.

[thecomptroller]

Yes, they need B1 English AND the LIUK as they are over 18. They are not exempt for ILR.

Thanks Char I feared that might be the case and hence the planning ahead. It'll take me 2 years to get my youngest to sit it and pass it.

[CR001]

They simply need to read the book, more than once if necessary, and do lots of the practice test questions. There are many phone apps for the practice questions.

[vinny]

Practice, practice, practice.

[rjs200]

Hi

You wrote:

"Is anyone able to clarify please whether my 2 daughters (who are now age 18 and 20 but were under the age of 18 years when they were first granted entry under the family route 3 years ago) need to pass the Life in the UK test and meet the English language requirement.

I am aware that they are able to apply on SET(M) with me as Para 3 of the guidance notes says "Dependent children over the age of 18 may not apply on this form, unless they were granted leave in this category at a time when they were under 18 and are now 18 or over. Dependent children aged 18 or over must show that they have not formed their own family unit or be leading an independent life".

***

Do you have any other formal support for this assertion? My wife gained spouse visa in 2013 and FLR in 2016- with my stepdaughter being an under 18 dependant on both visas. ILR is due in July and last week stepdaughter turned 18.

I have tried on various forums to elicit a response on this question i.e. is my stepdaughter form a separate SET(O) or separate SET(F) or separate SET(M) or joint SET(M) with my wife. I've had contradictory responses that in some form or another suggest that all 4 of these options is the correct answer. Obviously that cant be true! The guidance certanly suggests that it is possible in my case for SET(M) to be used. But that option was the minimum supported response I have received. The majority view was that only SET(F) is possible (regardless of what the SET(M) guidance suggests).

So I just wanted to know if you had got any other confirmation other than just reading the governments guidance and coming to a sensible conclusion- as I originally did!

[CR001]

As already advised, all persons between 18 and 64 are required to LIUK and English B1.

The bit you state on the Set(M) form is completely separate to the knowledge of life and language requirements as stated in the immigration rules.

The immigration rules take precedence over ANY form or guidance notes.

Whichever Set form they might be able to use, they will need the two tests.

[vinny]

There appears to be conflicting guidance with choosing the appropriate form for child over 18.

Your child 18 or over must apply separately on their own form. They need to download and complete form SET(F).

3. Who May Apply On This Form?
You and your children under 18 if they are applying as your dependants.
Dependent children over the age of 18 may not apply on this form, unless they were granted leave in this category at a time when they were under 18 and are now 18 or over. Dependent children aged 18 or over must show that they have not formed their own family unit or be leading an independent life.

SET(O) guidance notes didn’t mention which form.

3. Who may apply on this form?
You and your partner and/or children under 18 if they are applying as your dependants (if allowed by the relevant immigration rules - see below). “Partner” means a spouse, civil partner, unmarried or same-sex partner.
Children aged 18 or over may not be included; they must each apply individually and pay the specified fee, as must any children under 18 if there is some reason preventing them from applying with you.

[thecomptroller]

@rjs200 Yes because she meets the provisio for SET (M) i.e. she was under under 18 when she first was granted leave under the family route. Both of my children were granted their second 2.5 year LR on FLR(M) on exactly the same basis as they’d turned 18 in the first 2.5 years. She does have to get English B1 and life in uk test following the good advice from @CR001.

Another SET form must be used if the proviso isn’t met.