ILR for stepchildren -- lots of questions!

[Um Nofa]

Dear Forum,

Just a few questions -- about ILR and stepchildren and British children!

I am British, and married my husband in 2006 who was the parent solely responsible for his 2 daughters. We lived as a family in his country of origin from 2006 until I left for the UK for a job in Aug 2008 and started the settlement process. He and his 2 daughters my step daughters) were issued 2 year settlement visa in January 2009 and arrived end of Jan 2009.

Since my husband and I married, we have had 2 children ( one born in April 2008, the other in May 2010).

My questions are as follows:

1)I have claimed child allowance for the 2 younger children but not for my stepdaughters -- was worried about repercussions re ILR.
I also received a pregnancy grant for our youngest baby.
I did not think this an immigration issue as both the younger children are British citizens anyway through me.
None of these claims were made in my husband's name -- however, I do see the funds named on the ILR form, will this make a problem for my husband's ILR even though I and the 2 younger ones are British?

2)I have been working full time since Sept 2008. I have payslips bank statements etc to prove this. My husband has worked part time temporarily however has spend most of his 2 years settled in the UK being the full time carer for the 2 young children. THis made more sense economically -- will this count negatively towards my husband at all?

3)Finally -- question about the ILR application for my eldest stepdaughter. She has just turned 18 and we are not due to apply for ILR until Jan 2011. She has always been in full time education and has never worked. ( Thanks by the way to the Canadian-Croatian family for sharing their experiences, really helpful info)
-Who should be her sponsor? Her dad ( as her sole carer while she was under and over 18) or me ( as I'm the salary earner in the household)?
-Also, when they ask how many people are in the household, do I need to mention her 2 younger siblings as they are British and only 2 yrs and 4 months old?
-When it says room for her use, does that mean her own bedroom?


Also 1 last question ........my 2 stepdaughters have not had contact with their birth mother for years (since end of 2004) . however the 1st question on my 18 year old stepdaughter's form is -- do you have any close relatives living outside the UK? We have absolutely no idea where she is, but we assume she is not in the UK! so do we need to mention their birth mother at all? Or if we don't, will it be seen as an omission and reason for refusal?


So sorry to bombard you with all these questions, probably should have spilt them up into different topics.! many thanks for reading anyway, would be very grateful for any reply

[John]

Using your numbering :-

1. This Board has a Claiming Benefits section and a read of that will confirm that claiming Child Benefit is not a problem,and that includes not a problem for your two step-children. But what about Tax Credits? Please confirm that you and your husband are jointly claiming Tax Credits.
2. There is no requirement for the spouse visa holder to work. The requirement is that the applicant for ILR will not need to claim certain Public Funds, there will not be a problem. And as you say you are working.
3. Your 18yo step-daughter, is it expected that she will still be in education next January, and still living at home? If so there should not be a problem her getting ILR, but it is important that she makes her application at the same time as her father applies for his ILR.
   
   But do appreciate that not just your husband but also the 18yo will both need to pass the Life in the UK Citizenship test, in order to permit applications to be made for ILR.

Hope this helps.

[Um Nofa]

Thanks so much for this....
just to answer your questions ...I in my name receive child benefit for the 2 younger ones. So far neither me nor my husband have applied for tax credits or any other benefit as it seemed complicated esp with overpayment probs some of my British friends have had with no immigration issues!

Would the Health in Pregnancy grant be an issue? I recall a reply from a lady 32 weeks pregnant who was told over the phone by UKBA official her ILR application may be refused because she applied for it. I take it she's the non British spouse in this, whereas I'm British and our little girl is too.

Sorry to be a trouble to you...would you mind answering my queries about my stepdaughter's SET O Application.
She is in full time education at her local college adn will be in January2011...she will certainly be living with us in Jan and hopefully for many more years to come. We have the same docs for her as the Canadian Croatian family had when they applied for their 18 year old son.

My questions are as follows:

1) regarding the 1st question about close relatives living outside UK. She hasn't had contact with her biological mother for many years and has no intention of doing so now or in the future. We have no idea where she is anyway, as I said before. So do we tick yes or no to this question?

2) re : how many rooms does she have? does this mean just her bedroom

3) re: how many people live in her house. We are 6 -- my husband, me, my 2 stepdaughters, our 2 year old son and 4 month daughter. We have a property which is 3 bedrooms and 2 reception rooms ( or could be described as 4 bedrooms and 1 lounge if needed). I've been told that in UK housing law, any person less than 1 year old counts as 0 unit, so should we include her or not? Our house isn't overcrowded at all, but I just don't want it to appear it is on paper!

Our letting company is happy to provide property report re rooms and to confirm we;ve all been living there and they;re happy with number of people in it... would this be helpful to have?

MAny thanks for your last answers...and yes, both my husband and my stepdaughter have passed Life in Uk test..my stepdaughter passed it last week, less than a week after her 18th birthday!

[John]

I in my name receive child benefit for the 2 younger ones. So far neither me nor my husband have applied for tax credits or any other benefit as it seemed complicated esp with overpayment probs

It is not complicated, and I don't know how much you earn but it could be that there is just an entitlement to the Family Element which is £545 pa, with little chance of overpayment arising.

In respect of a couple living together a Tax Credits claim [m]must[/b] be in joint names, but that is totally OK, for reasons as explained in the Claiming Benefits section of this Board.

Would the Health in Pregnancy grant be an issue?

No, you are British and perfectly entitled to claim whatever benefits your circumstances dictate you are entitled to.

Who should be her sponsor?

Having just looked at the form SET(O), I am not sure I understand. What question or section of the form are you referring to?

As regards accommodation, I think the answers should be the same as her father writes on his form SET(M).

the 1st question on my 18 year old stepdaughter's form is -- do you have any close relatives living outside the UK?

Where? What question is that?

[Um Nofa]

Thanks for this,

the part about the sponsor on set O is section 10, near the end.

The question about close relatives is right at the beginning.

I'm trying to look at the form myself, but for some reason I can't get through to the UKBA website.

[Um Nofa]

Just another question...

We rent in the north of England where my job is.

I also own a 1 bedroom flat in London which I rent out ( there's no way 6 of us could fit in it!) . Should I include this as income as well as my monthly salary?

[John]

the part about the sponsor on set O is section 10, near the end.

The question about close relatives is right at the beginning.

Sorry, I think you and me must be looking at different forms, or I need to go to the opticians. Seriously I really can't find what you are referring to.

I also own a 1 bedroom flat in London which I rent out ( there's no way 6 of us could fit in it!) . Should I include this as income as well as my monthly salary?

I think you are justified in including the net rental income, but especially if there is a mortgage on the flat, the net income might be very different to the gross rental.

[Um Nofa]

You're right, it's my mistake...The form isn't SET M at all, it's SET F, sorry.

My questions are about Section 4 and 5 mostly.

I'm confused about the sponsor ... her dad is her parent and is settled in the UK...yet I'm the one who's working. If we put my husband down as her sponsor he wouldn't have an income to put down...but his name is on her settlement visa not me....or do we write my husband and enclose a covering letter that I'm effectively her dad's sponsor and he in turn sponsors her?

Sorry again for my mistake re name of the SET F form!

[Um Nofa]

You're right, it's my mistake...The form isn't SET M at all, it's SET F, sorry.

My questions are about Section 4 and 5 mostly.

I'm confused about the sponsor ... her dad is her parent and is settled in the UK...yet I'm the one who's working. If we put my husband down as her sponsor he wouldn't have an income to put down...but his name is on her settlement visa not me....or do we write my husband and enclose a covering letter that I'm effectively her dad's sponsor and he in turn sponsors her?

Sorry again for my mistake re name of the SET F form!

[Um Nofa]

I've just had a look at the fees .....I was under the impression my 18 year old stepdaughter's application would be £840, like her fathers ( I know his will be £840 plus the £100 odd quid to put on my second stepdaughter as an under 18 dependent)............but looking at the guidance I see a fee of £1680 for dependents over 18!!! Please tell me this isn't true!

[gidoc]

Yes, fee is £1640, on SET F form, for over 18 yr dependent, and application has to be by post.
Best regards

[Um Nofa]

has anyone any experience of applying via the SET F form? we're still wondering what to write re. close relatives..........the questions "is have you any close relatives living outside the UK? If yes, which country"
My stepdaughter has had no contact with her birth mother for many years ( her choice) and we have no idea where she is,-- we assume she is not in the UK though.
On paper a birth mother is a close relative, yet the reality for us is that she isn't a close relative in terms of our daughter...........any info, tips, advice would be much much appreciated, really don't want to mess up the application by accident.