ILR - SET (O) Application for Child - Query.

[shahjeev]

Hi Moderators,

Please excuse me if I am asking this again (as couldn't find the related post).

I have a ILR (via 5 Year Route) issued in Sept 2021. My son is still on the PBS (Dependent) and his visa expires on 14th June 2022. His total stay in the UK is 3 Years 11 Months (as of this month) and was born outside UK.

Questions:
1. Is there anyway I can apply for his ILR now? or does it have to be PBS route again till he completes 5 years stay in the UK?

2. In case, if it is the PBS route - can we apply for 1 Year visa so as to complete his 5 Year stay by April next year and then apply for ILR.

3. If neither of the 2 above, will it be a standard 3 year route on PBS? If yes, how what is the current application fee and health surcharge per year?

Sorry for series of questions and TIA.

Warm Regards,
Shahjeev

[CR001]

What is the visa/immigration status of the other parent?

[shahjeev]

She is on ILR as well since Dec2021

Thanks once again CR

[CR001]

You should have included the child with the other parents application.

There is no 5 year residence rule for children.

[shahjeev]

Oh that's great to know.

I had some financial limitations, so couldn't have applied together anyways.

So, can I now apply as SET (O)? And when earliest can I apply?

Thanks once again

[shahjeev]

Hi CR,

Can u let me know?

TIA

[rfkhan]

Hi ShahJeev,

My understanding is you have applied your under 18 children ILR on SET (O). can you please let me know the outcome/

I believe you can apply Set (o) dependent children separate (not with parent)

Regards,

[shahjeev]

Haven't applied yet. It will probably around middle of May.

@Moderators, can I please get it esteemed advice for the application -

1. Is that Set (O) application?
2. Does that wait to apply 28 days prior still apply for kids?

Thanking you in advance.

Best
Shahjee

[zimba]

1. Yes
2. The 28 days concession applies to ALL the ILR applications. However as you have been advised above, children do NOT have a min residency requirement for ILR. They can settle when both parents settle.

[shahjeev]

Glad to hear that.

Thanks a lot Zimba for your time and confirmation.

Regards,
ShahJeev

[shahjeev]

Hi Zimba,

Apologies but one more question please....

I started applying on SET (O) and I see - 2 options.

1. Apply as a child (family visa)
2. Apply as a child (dependant on a work visa)

It's a little confusing on which one should I apply?

As we both (parents) are on ILR via the TIER 2 General Route - so, will it be point # 2 ?

As always, Thank you very much in advance for your splendid support.

Thanks,
ShahJeev

[zimba]

I am not familiar with the forms as they change all the time. The second option looks ok to me

[shahjeev]

Ok great thanks