ILR Additional Applicant? 1 year old baby - strange questions

[helpplease!]

Hi Guys,

ILR - 5 Year Route, I have a British husband and a baby son who has just turned 1 years old. On the additional applicants section, the only option I have on the drop down list is "dependent child". As my son was born here in the UK, has a British birth certificate and a British passport, do I still need to include him in the application? If he is considered an "additional applicant", will he too receive ILR, even if he doesn't need it?

The questions being asked make no sense for a 1 year old or indeed any child, they are mostly the same questions that were asked in the main applicant section, i.e. "what is your relationship status".

Bearing in mind at the beginning of the dependent child section it states;

"The following questions will gather information about the dependant child you are adding to this application. In these questions, the dependant child is the applicant. As a result, the questions are directed at them. You must answer the questions about the person who is being added as a dependant child to this application."

I am struggling to answer questions such as;

1. "Your partner's relationship to [sons name] - What is your partner's relationship to you? Parent, Step-parent, Family member, Legal guardian, Other". I assume the answer must be Parent.

2. "[sons name] responsible adult for biometrics. You must have an adult of at least 18 years old with you when you give your biometrics. The adult must be able to prove who they are."
How will they take biometrics from a 1 year old?

3. "What languages can [sons name] speak?" He cant, he is 1! Not sure if I can leave the field blank.

4. "Spouse / partner details. Are you and your partner married or in a civil partnership?" Why is it asking this question for the dependent child? Does it mean his parents, i.e. me and my husband?

Thanks for any guidance on the above would be much appreciated.

[zimba]

The application is asking for dependant children. Dependant means their immigration status depends on the main applicant. A British born child is NOT a dependant immigrant and should never be added. Your spouse must apply on their own.

FYI British citizens are not subject to immigration control, cannot make immigration applications and cannot be granted any immigration status like a leave to remain or ILR. When someone becomes British, any immigration status that has been granted to them like ILR will be lost.

[helpplease!]

Thanks for your reply Zimba. I always thought the HO meant dependant as in the child is dependant on its parents, I didn't think it meant dependant as in their immigration status depends on the main applicant.

I have searched for this tirelessly but cannot find any specific guidance on this where it clearly states what you have said, do you know of any guidance where it goes into detail about dependant children? But it does make sense. Thank you.

[zimba]

The context here is what is defined under the immigration rules. Do not make up your own interpretations. An immigration application is NOT a 'full disclosure'.

Immigration rules Part 8 makes it clear that the rules apply to UK born children who are not British citizens:

Children born in the United Kingdom who are not British citizens
304. This paragraph and paragraphs 305-309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom. If he qualifies for entry clearance, leave to enter or leave to remain under any other part of these Rules, a child who was born in the United Kingdom but is not a British Citizen may be granted entry clearance, leave to enter or leave to remain in accordance with the provisions of that other part.

https://www.gov.uk/guidance/immigration ... ly-members

[helpplease!]

Thanks for that, it now makes more sense. So we shall not add our baby on the ILR application as a dependent child, and it will just be one applicant.

[zimba]

Correct

[helpplease!]

Ah, one more thing that you may be able to assist with before I submit my ILR application. On my last Spouse visa extension application I had to provide Part 1 (Consent for the Home Office to verify application information) and also Part 3 consent (Consent for the Home Office to verify information from third party sponsor) as we used my partners financial documents.

I am using my own financial documents this time, so I understand I do not need to provide Part 3 Consent, but do I still need to provide Part 1? There is no where in the document checklist that mentions this but it did in my previous application. Is it not needed for ILR?

[zimba]

Part one signed by you, part two signed by your spouse as you share cohabitaion documents

[helpplease!]

Do you mean the pieces of correspondence to evidence we live together? I guess that is the only documentation that could be "shared". Well, in fact, we are giving individual pieces of correspondence as we do not have any correspondence in joint names, would we still need part two signing by the spouse?

Lastly, there is no reference to the Consent forms throughout the entire ILR application, neither does it appear on the checklist at the end. The only form that appears is the Spouse Declaration.

[zimba]

Your spouse still needs to sign part 2. There is one form with 3 parts

[KVP]

Sorry to interfere,

However thanks to Zimba for pointing about this consent form with 3 parts.

As OP mentioned, even my wife's SET-M form did not ask or provide a link to download for this Part1 & Part2 consent, although we have submitted this in her earlier FLR-M application.

However we have signed Part & Part 2 consent; and uploaded to UKVCAS portal now as we have some cohabitation and Financial documents on Joint account. My biometric appoinment is on tomorrow (11/12/2021). I will keep you posted.

[helpplease!]

Thanks for your input KVP. Please let me know how your biometrics went today.

I think I am ready to submit, I am just not seeing the super priority service option which I would like to chose, only standard?

[AmazonianX]

Thanks for your input KVP. Please let me know how your biometrics went today.

I think I am ready to submit, I am just not seeing the super priority service option which I would like to chose, only standard?

There is no guarantee of getting SP appointment, there are enquires dealing with it on the forum severally.

[KVP]

Thanks for your input KVP. Please let me know how your biometrics went today.

I think I am ready to submit, I am just not seeing the super priority service option which I would like to chose, only standard?

Hi,

It went well. Pretty quick as we have already "submitted" all the docs already, except this "PART 1 & PART2".

The UKVCAS staff has no clue about Consent forms; All he did today was, "submitted" this extra doc, took photo and bio metric, scanned passports (not sure why he scanned passports).

I will update once I get decision from UKVI. Hopefully I should get on Monday if not by Tuesday (i.e. within 2 working days)

As most people said in this forum, It was only showing "Standard" service for me as well. Then I got to know that New slots are released at midnight everyday. So waited for midnight, and saw it showed "Super Priority" option just after 12.00 am. So I booked the same.

[helpplease!]

Thanks guys. Well finally the priority option came up, so I chose it. But now I need to make a biometric appointment via UKVCAS and there is no availability in any centres! The only availability I found was the chargeable appointment at the London premium lounge on 4th January? Seems a shame to have paid for super priority now.

[KVP]

You will find information about when they release Free/Chargeable appointments in UKVCAS FAQ section.

https://www.ukvcas.co.uk/faq

Why can’t I find an appointment?
Log in to your account and check tomorrow as our appointments are released daily, 28 days in advance. Currently free appointments are released at 9am and chargeable appointments at midnight.

[helpplease!]

Yes, I saw that, I have just logged back in at 9am, refreshed a few times, and nothing has changed. Still nothing available. I have checked about 10 centres, even random ones far away from me. Nothing was released.

[AmazonianX]

Yes, I saw that, I have just logged back in at 9am, refreshed a few times, and nothing has changed. Still nothing available. I have checked about 10 centres, even random ones far away from me. Nothing was released.

The release or availability is dependent on capacity to process. You may keep checking.

[helpplease!]

I checked all day - no change yet. I will check again tomorrow. My current leave expires on 15th January 2022, what happens if I cannot get a biometrics appointment until after this date? Even though I chose super priority, would I be considered an overstayer and would any date after 15th January affect the result of my application?

[CR001]

The date of application is the date you submit online and pay and not your biometric appointnent date, which can be after visa expiry date.

[helpplease!]

That's lucky then, 2 days after application and submitting documents via UKVCAS, and still not found any biometric appointment availability, despite checking throughout the day and especially at the alleged "midnight" and "9am" releases.

[shafiq123]

Have you had any luck? If so any tips?