ILR docs set o

[skumar1180]

Hi All,

If you could help with my case.

The child is India born and arrived in the UK on 7 Dec 2012 (legally in the UK for 7.4 years till date under PBS dependent visa valid until Nov 2020).

Mother - received a UK citizenship ceremony invite in March 2020, but due to Coronavirus, the ceremony is pending.

Father - BC since Dec 2018

Case:
The child and mother applied for BC together. Mother application is approved but the Child had the refusal, as the child is not having ILR. Already lost £1200.

I spoke to customer service at HO, they said I can apply for BC for the child the next day with the approved letter of ILR. This means we have to pay £3200 ILR fee for just a day and the pay £1200 for child BC.

I was wondering how to appeal HO on their refusal and save cost on ILR and fee for BC for the child?

thank you

[CR001]

You can't appeal a citizenship application. It is not an immigration application. For refused citizenship, you only have the option of a reconsideration request and HO can take as long as they choose to, there are no set timeframes for this. A reconsideration request also has a fee of £372.

It is irrelevant how long the child has lived in the UK.

Children born abroad are expected to hold ILR before they can apply for citizenship. You should have included the child with the mothers ilr application. Why did you not do this or who advised you that you can skip ILR for the child??

[skumar1180]

Between the ILR and PBS extension, both wife and Kid had a gap of 34 days. so we had to apply for extension then ILR. unfortunately due to some documentation issue wife extension took time and kid's application got approved. So we continued kid on PBS dependent, and before the approval of the wife's extension, we applied for her ILR.

Bit tricky situation now after loosing £1000 for kids registration, now we have to pay £3000+ for 1 day of ILR.

[CR001]

This was your mistake, not HO's. You will need to pay for ILR for the child born abroad.

There is currently no super prirority service as it has been suspended and all UKCVAS centres are currently closed.

[secret.simon]

It is worth reading the Registration as a British citizen guidance policy documentation that caseworkers use to assess cases.

You should read from Page 27 onwards, in particular;

Child’s immigration status
As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so.
...
If the child is subject to immigration restrictions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether the circumstances outweigh the expectation that the child be free of restrictions.

So, your children's application will likely have already been reviewed by a senior caseworker within the Home Office.

Also wanting to save money will likely not count as "strong compelling compassionate reasons".

[skumar1180]

thank you. Let me start with Child ILR by post or online whichever is of less cost.

I should be using Set F form, please correct If I am making a mistake with form selection.
- https://www.gov.uk/government/publicati ... -form-setf

[CR001]

Online only.

It is set o.

[skumar1180]

This is only for child ILR. Set F and Set O both allows the child ILR, if I read the beginning of the page. sorry still confused.

Set F form - says
Use this online form to apply for indefinite leave to remain in the UK if you are a child, or are applying on behalf of a child under 18.

https://www.gov.uk/government/publicati ... -form-setf


And Set O - says
Use this form to apply online if you want to apply for settlement in various categories:
work permit holder
dependant of work permit holder
PBS dependant

https://www.gov.uk/government/publicati ... -form-seto

[CR001]

The child holds a PBS dependent visa, yes???

Either can be used. They have different requirements. Your choice.

[skumar1180]

Yes Child is on PBS Dependent. and ready to apply ILR.
Father - British & Mother on ILR, and received citizen invite.

I have filled the set O and saved it. Confused with first few questions if those are for Father or Child
I will have to go over Set F to decide, else may have to call HO customer care.

[CR001]

The third party agency call centre cannot advise you which form to fill or how to complete the form.

The child is the main applicant, not you.

As we don't have sight of the online forms, useful to state what exactly is confusing you??

[skumar1180]

Hi,

Wanted to check what all documents to upload for Child applying ILR. So far I have filled and saved the SET O form.
I heard these are the requested documents:

Mandatory documents
The passport

Other documents
- Consent form for the Home Office to request verification checks on applicant for joint accounts or third party support
- Evidence of applicant immigration status in the UK
- Declaration signed by applicant to confirm consent for the Home Office to request verification checks
- Current Biometric Residence Permit
- All previous passports, travel documents or national identity cards that you have used to travel to or
remain in the UK

Please let me know if anybody submitted SET O (ILR for child alone), and what all documents we supposed to provide to HO (UKVCAS) ?
Any payslips , bank statement, cohabitation proof ?

thank you
SK