Can my father apply for ILR (SET F) from UK?

greazedlightning · Post by **greazedlightning** » Fri Jun 03, 2011 2:27 pm

Hi

I have to apply for my father's ILR as an elderly dependant - application form SET -F.

I'd like to, if possible apply from the UK rather than applying from his home country India due to personal circumstances. Lawyer tells me that there is a risk of rejection if he applies from UK and has advised me to go by the book and apply from India.

Does anybody have any experience in doing this? That is, apply for elderly dependant's ILR from the U.K.? Can you share your experience and result with me?

Thanks.

Post by **Greenie** » Fri Jun 03, 2011 2:28 pm

where is your father now?

greazedlightning · Post by **greazedlightning** » Fri Jun 03, 2011 2:31 pm

Father is currently in the UK with me now on a 6 month visa.

Post by **Greenie** » Fri Jun 03, 2011 2:44 pm

have his circusmtances changed since he applied for a visit visa so as to mean he is now dependent on you?

greazedlightning · Post by **greazedlightning** » Fri Jun 03, 2011 2:47 pm

Not since he got a visitor's visa. His dependency on me will be for a very long term and hence my need to apply for an ILR.

Post by **Greenie** » Fri Jun 03, 2011 2:56 pm

See Older Dependent Relatives
in particular:

If they are visiting the UK, then there should also be a change of circumstances if they want to apply for ILR. Else, they may be refused under 322(7) because of 41(i) & (ii).

Post by **vinny** » Fri Jun 03, 2011 2:58 pm

As your lawyer stated, there is a risk of refusal, if applying in the UK.

Post by **geriatrix** » Fri Jun 03, 2011 3:25 pm

greazedlightning wrote:Not since he got a visitor's visa. His dependency on me will be for a very long term and hence my need to apply for an ILR.

It is also important that the relative has been and is dependant on you. Dependency in "future" is not an eligibility criteria.

greazedlightning · Post by **greazedlightning** » Fri Jun 03, 2011 4:59 pm

~~~~~~~~~~~~~~~~~~~~#

322
(7) failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:
(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him;
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I agree the above could grounds can be reasons for rejection.
But the below information found in http://www.ukba.homeoffice.gov.uk/settl ... rmset(f)/# says:

If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.
~~~~~~~~~~

This somewhat contradicts 322(7) - 41(i) and (ii)

Post by **Greenie** » Fri Jun 03, 2011 5:47 pm

I don't see any contradiction. The para you have pasted from the website just explains what happens to an applicants leave when they apply. It is not related at all to the circumstances in which the application could be refused.

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Can my father apply for ILR (SET F) from UK?

Can my father apply for ILR (SET F) from UK?