ILR for PBS Dependant - Childrens only

[ram14esh]

Guys I am in the process of preparing application for my 2-children's as my wife's ILR recently approved. I am planning to go for standard application not super-priority.

1. I believe it is SET(O) form which I have used for my wife as they were on Tier-1 PBS Dependent visa earlier?

2. Can I include both children's in one application or do i need to complete 2 separate SET(O) forms?

3. No maintenance fund required?

4. Cohabitation documents are the GP / NHS letters for the children's at the current address and a letter from school where they are studying?

5. As I have submitted 12 months bank statements to prove child benefit claims for my wife application i would need to do the same for children's application as well?

6. Scan and upload both parents passport / marriage ceritificate / ILR Biometric card?

7. Scan and upload both kids passport / current biometric card & Birth certificate?

8. 12month statements from Join-Bank (both my name and my wife's name with current address) account?

If i miss anything pls advise guys.

[zimba]

SET(O). You can include both. There is no need for financial, maintenance evidence as there is no such requirement for ILR

[praveenjingade]

What is the timeline for the normal application

[CR001]

What is the timeline for the normal application

8 weeks, sometimes longer.

[ram14esh]

Thanks you all for your response. Can My wife submit the application on behalf of the kids instead of me as only adult can submit the kids application?

[zimba]

Thanks you all for your response. Can My wife submit the application on behalf of the kids instead of me as only adult can submit the kids application?

Any parent can file it

[ram14esh]

As advised by ZIMBA continuing my previous post to get the following things clarified?

Using SET(0) form (they have Tier-1 PBS Dependent visa and completed 5 yrs) separately as the UKVI does not allow to add the second child as sibling when i complete the first child application.

I claim child benefit for 2 kids but still on children's application i should select no for public funds in finance section of the form as it is the applicants form. so no need to upload bank statements showing the credit of child benefit for 12-months. I did upload this for my wife's application but not required for children's application now as i select answer as no?

Provide a cover letter stating that my wife submitted application on super-priority route hence we are submitting the children's application separately on standard route also include an explanation confirming that I do claim child benefit and if required i can provide evidence since i am acting as a financial sponsor/ representative while filling the application form for children's.

Upload letter from the school and few NHS letters for children posted to our current address to satisfy cohabitation section.Also upload Passport, BRP & Family Consent form as suggested by the checklist.

Is there a cohabitation requirement for childrens application as well because when i complete the application the checklist generated does not point about any cohabitation doc's?

Pls advise ASAP.

[zimba]

The rules that apply to children for ILR under PBS route are not the same as of your spouse. There is no 5 year residence requirement. There is no need to provide cohabitation and also there is no need to declare public funds claimed as only parents can apply for these

[ram14esh]

Thank you for the response it is crystal clear now. I will prepare my doc's accordingly.

[ram14esh]

Wondering if i can go for registering my children's as British citizenship instead of going for ILR as I already have British Passport and my wife recently got ILR? They are not born in UK but born outside of UK but did already complete 5yrs of residence. So now should i go for ILR or register them for citizenship?

[CR001]

Wondering if i can go for registering my children's as British citizenship instead of going for ILR as I already have British Passport and my wife recently got ILR? They are not born in UK but born outside of UK but did already complete 5yrs of residence. So now should i go for ILR or register them for citizenship?

No, they need ilr first. They have no entitlement to register as British if born abroad.

[ram14esh]

Thanks a lot CR001 for clarification. One of my friend is interacting with an immigration lawyer and it seems he is being advised as the children's can directly apply for naturalisation or register as citizen once one of the parent has British passport and other parent has ILR it seems they will argue the case under some discretion I am not sure what it is and if it will be successful? do you think they have a chance under some discretion?

I will always go with what this forum advised to be on safer side as it always worked perfectly so I will apply for ILR for my kids. How about for my wife as she already have ILR now there is no need for her to wait for 1 yr to apply for naturalisation. Just around 1 month now that my wife got ILR can I start preparing docs for applying for her Naturalisation as I have British passport for the past 2 yrs now?

[CR001]

You can try, many have and have been refused and lost the fees. It is at discretion of the home office and they do not have to apply discretion and can refuse outright. The issue you have is that once their visas expire, if relevant, they become overstayers.

How old are the children?

Pleas ask your wife's citizenship questions in the British citizenship sub forum.

[ram14esh]

Thank you CR001 again. I will move my questions about for my wife's naturalisation to the BC forum as you advised.

Regarding the children's one of my child is 7 yrs old and another one 12 yrs old. As both the kids are below 18yrs old so I can apply for their British-citizenship immediately after they ILR probably within a week of their ILR?

[CR001]

Once they have ilr yes, you can apply for citizenship immediately.

[ram14esh]

Once I submit ILR application for my kids it would take at-least 8 weeks. So within this 8 weeks processing time can any one of the parent travel outside of UK? I do no the kids can't travel as their application is under processing but how about one of the parent?

[CR001]

Parents can travel as they are not the applicants!!