ILR for child over 18: Need urgent advise

[gidoc]

Hi all,
I need urgent advise on this, many thanks

1. I had applied and was granted ILR 3 days ago, my category under HSMP JR(5yr rule), ILR was given for myself, my son over 18 and my wife. My daughter over 18 cound not attend on the day.
2. I asked the case worker about her who said she can apply by post and I can send a legally certified copy of my ILR stamp.
UKBA phone advise
I called UKBA today and they said the following:
1. My daughter over 18 , now needs to apply on SET(F) form as I have ILR and pay £1950.
2.I will need to send my passport.

This has come as a surprise to me and something I had not anticipated or I would have delayed my own appointment for ILR to get her along.

Experts, please advise if this is correct and the only way forwards.

Best Regards

[f2k]

yes waiting (or just including her passport with your application if she was in country, no need to attend) could have saved you a lot of money and hassles. It is always the case that once the main applicant applies then all other dependents have to be included all apply later under different conditions. so it is important to apply at the same time especially for dependents over 18years.

I am not sure if it is only way to apply via Set F, others will advise, but if applying under this way you may want to look at Rule 317. also have a look at the form SET F. The fees by the way are £1,680 postal and £1,930 premium.

Yes I believe that you would need to send your passport as proof that you are 'present and settled' in the UK.

I think there will be more guidance in the Immigration for Family Members section of this forum

[gidoc]

Thanks F2K.I did check with them on the day and before as well, they said one can apply by post but no one mentioned that the category and form will change!
They also said that dependent cannot be included in my application and has to apply separately, by post, if they cannot come in person. It was ' catch 22' I coudn't post the application for dependent before I got ILR. The only way in retrospect could have been to apply on the day I applied.
This happened before as well, when I applied for conversion to Tier 1, my daughter's application was not even looked at until I called. Hence this time when she coudn't come in person, I wanted to apply by post.

Anyway, SET F form seems to be a completely different form, for dependent living outside UK and the settled person being the sponsor.

My dependent daughter has already been in UK for 5 yrs, so why this category??

I need more advise , please.
Thanks
Best regards

[f2k]

i am intriguued as to why you were advised that your daughters could not be submitted together with your application seeing that your son who is also over 18 was accepted. Is there something different with your daughters current visa? Also is she working or in full time edcation. Also did you include your son on the same form as yourself? Also when you applied for Tier 1 (extension) was your daugther over 18 at the time?

[gidoc]

Hi f2k,
UKBA was quite clear that over 18 cannot apply with me and have to apply separately on SET 0 and pay separate fee, only wife could be included with my application as a dependent.
They said for PEO appointment, take separate appointments for them and if I coudnt they should apply by post.
Since both of them are in full time education it was difficult for them to get away but I did get online 2 more appointments for them for later time in the day when I had my appointment.
Both filled SET O forms.
On the day I did take my son as he was free, my daughter( doing Phd, not working) coudnt due to work commitment and I had planned to post her application.
At PEO I explained my daughter coudnt come, showed a written letter and they said she could apply by post or take another appointment.
I requested that my son was waiting outside for an appointment 4 hrs later, they said to bring him in and he could be seen along with me.
Thats how my son came in as well and his application was also processed.
I checked with the case worker about my daughter, she said I would need my bank statements and pay slips, her bank statements and particulars and a certified copy of my ILR stamp, and I can send all by post. I did not confirm the nature of the form as I never thought that her category will change.
Now UKBA tells me her category has changed as she did not apply with me..catch 22!
This does frustate me.
My daughter was 18 when she entered UK, on my WP. Then I extended my WP, we went to PEO to get FLR together, she had to fill FLR O form. Next I got HSMP, she again filled a different form FLR O; this time I had sent all forms by post, all were processed except for my daughters. I had to call and have someone form Indian HC intervene, her application was then processed. For extension to Tier 1 again she filled FLR O.
For this very reason I wanted her to apply either with me or after me. It seems this time I did not realize that my category will change.
In fact she is now on a Tier dependent visa, which I dont hold but have ILR.
It seems complex hence I need advise urgently.
Thanks for your help.
Best Regards

[gidoc]

Gurus,
Please advise
Thanks
Best Regards

[geriatrix]

My daughter was 18 when she entered UK, on my WP.

Over 18 or under 18?

regards

[gidoc]

She was 18 Yr & 5 Months old on entry
BW

[geriatrix]

She was 18 Yr & 5 Months old on entry
BW

This could mean trouble. Unless the laws were different at that time, only children under 18 can be granted (first-time) EC / LTR as dependents (197).

With regards to your initial query regarding the application form to be used, the feedback given to you above is accurate.

If the child is already in the UK with temporary permission to stay, they can apply to stay here permanently using the SET(F) application form.

regards

[gidoc]

Thanks for your response.
I would think WP/HSMP dependenst over 18 yr were permitted as EC was granted before entering UK. She has had legal extension of stay for past 5yrs from HO as my dependent and has it until 2011, she coudnt apply with me although I had taken a separate appointment because they were not giving a combined one anyway, so how else can you apply unless you do it on the day!!. But on that day my status was upgraded to ILR.
I have now got ILR, so should she now apply on SET F? Different documenst and more money now but what can be done, any further advise?
I am having some one check with HO through our HC as well, it has always helped in the past
Best Wishes

[geriatrix]

I have now got ILR, so should she now apply on SET F?

As mentioned in my post above and as f2k has already advised, yes!

If the child is already in the UK with temporary permission to stay, they can apply to stay here permanently using the SET(F) application form.

regards