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Child: SET (O) or SET (F)?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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estuarie
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Child: SET (O) or SET (F)?

Post by estuarie » Thu Dec 10, 2020 1:11 pm

Hello,

Could you please advise if a child (under 16, currently on Tier 1 dependant child visa) of two settled parents (former Tier 1 Entr + dependant spouse) should apply under SET (O) or SET (F)?

SET (F) is regulated by para 298 of the Immigration Rules. Which paragraph regulates SET (O)?

Many thanks for your help

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zimba
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Re: Child: SET (O) or SET (F)?

Post by zimba » Thu Dec 10, 2020 1:17 pm

SET(O)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

estuarie
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Re: Child: SET (O) or SET (F)?

Post by estuarie » Thu Dec 10, 2020 1:40 pm

Thank you, Zimba

vinny
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Re: Child: SET (O) or SET (F)?

Post by vinny » Thu Dec 10, 2020 2:14 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

estuarie
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Posts: 32
Joined: Mon Dec 02, 2019 4:17 pm
United Kingdom

Re: Child: SET (O) or SET (F)?

Post by estuarie » Thu Dec 10, 2020 2:35 pm

Thank you, I got that there was a choice. It seems that the main difference is that SET (F) requires more information in terms of adequate maintenance and accommodation, so SET (O) is simpler. Anything else?

Rule 319J also has that part:
(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
However, the form only asks if the applicant lives in his own house, rented accommodation, or with his family (the latter being the case for a minor). No bank statements or proof of accommodation are mentioned in the list of documents.

Do I have to provide any evidence related to "the child's care and accommodation"?

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zimba
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Re: Child: SET (O) or SET (F)?

Post by zimba » Thu Dec 10, 2020 4:03 pm

There is no point to go via SET(F) when SET(O) is available .
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

estuarie
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Posts: 32
Joined: Mon Dec 02, 2019 4:17 pm
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Re: Child: SET (O) or SET (F)?

Post by estuarie » Thu Dec 10, 2020 8:03 pm

Zimba wrote:
Thu Dec 10, 2020 4:03 pm
There is no point to go via SET(F) when SET(O) is available .
I agree.

What about proof of a child's care and accommodation, please?

vinny
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Re: Child: SET (O) or SET (F)?

Post by vinny » Fri Dec 11, 2020 2:04 am

The caseworker’s guidance doesn’t elaborate any further. My guess is that child living in the care of parents should be okay. The accommodation shouldn’t be overcrowded, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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