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Asked by UKVI why I didn't include a dependent child on my ILR application

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

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zfish
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Asked by UKVI why I didn't include a dependent child on my ILR application

Post by zfish » Tue Feb 22, 2022 11:03 am

Hi all,

My daughter was born about a year ago in the UK, and shortly after was added as a dependent on my Tier 1 visa (my wife applied with me and already had a dependent visa).

I recently applied for ILR on the basis of my time in the UK on the Tier 1 visa, yet my wife and daughter are not yet eligible for ILR and both have a dependent visa up to 2024. Today I got an email from UKVI asking why I didn't include my dependent child on my ILR application ("As we have a responsibility under Section 55 of the Borders, Citizenship and Immigration Act 2009 and due care to the welfare of children in the UK could you please explain why the dependent children are not included with this application"). I'm confused since my application forms never mentioned dependents, and my child is not eligible for ILR yet (I plan to apply for her citizenship once I get my ILR). Not sure how I was supposed to "include" my child, was planning to write something along the lines of the above, but feeling uncertain about this. Any ideas?
Thanks!

jedi900
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Re: Asked by UKVI why I didn't include a dependent child on my ILR application

Post by jedi900 » Tue Feb 22, 2022 11:15 am

Not meaning to highjack. But i had this same thought and i am uploading a cover letter explaining why I am submitting my ILR with 5 day priority first and once i am successful and get ILR I will be submitting my wifes' application for ILR and applying for my child's citizenship since he was born in UK. I am assuming I will get a case worker that gets curious. Appointment is tomorrow so will know next week if they ask for more specifics.

I imagine a similar note as to the points you mentioned below is what they are looking for?

zfish
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Joined: Fri May 03, 2019 10:59 am
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Re: Asked by UKVI why I didn't include a dependent child on my ILR application

Post by zfish » Tue Feb 22, 2022 11:30 am

I imagine the same thing. But what made you mention this in a cover letter in the first place? I assumed I should provide the details I'm asked for, and apply for my dependents once they are eligible. Only now do I realise they might want assurance that I don't plan to abandon my child or something like that.

AmazonianX
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Re: Asked by UKVI why I didn't include a dependent child on my ILR application

Post by AmazonianX » Tue Feb 22, 2022 12:08 pm

zfish wrote:
Tue Feb 22, 2022 11:03 am
Hi all,

My daughter was born about a year ago in the UK, and shortly after was added as a dependent on my Tier 1 visa (my wife applied with me and already had a dependent visa).

I recently applied for ILR on the basis of my time in the UK on the Tier 1 visa, yet my wife and daughter are not yet eligible for ILR and both have a dependent visa up to 2024. Today I got an email from UKVI asking why I didn't include my dependent child on my ILR application ("As we have a responsibility under Section 55 of the Borders, Citizenship and Immigration Act 2009 and due care to the welfare of children in the UK could you please explain why the dependent children are not included with this application"). I'm confused since my application forms never mentioned dependents, and my child is not eligible for ILR yet (I plan to apply for her citizenship once I get my ILR). Not sure how I was supposed to "include" my child, was planning to write something along the lines of the above, but feeling uncertain about this. Any ideas?
Thanks!
As stated in the mail, they have a duty of care to the welfare of the child hence the check. It is not as per abandonment of child.
Just as you stated reply them that your plan is to register the child after getting your ILR.

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zimba
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Re: Asked by UKVI why I didn't include a dependent child on my ILR application

Post by zimba » Tue Feb 22, 2022 4:04 pm

Child welfare requirements. Just respond that you are aiming for Registration for the child. That is it
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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