ILR for Over 18 dependant

[Dgirl20]

Hi, im applying separately on the SET (O) for an indefinite as an over 18 dependent of my dad who got his 2 months back but i couldnt be included cos hadnt taken my test and couldnt get an appointment either and was also advised i could apply separetely for as long as the current leave on my visa is still valid.

My question is, i am still living with him as his dependent and cant afford to live on my own. However im working on a 3month temporal contract renewable if im still needed.Work full time hours of 35 a week.Im worried this might be a problem as they might say im working full time????. Could someone advise if any ideas? If so how many hours should i be working as a dependent? Please HELLLLPPPPPP!!!

[Wanderer]

How can you be dependant if you have ur own income?

[Dgirl20]

Hey, the income im earning cannot accomated me,meaning im still somewhat dependent on him for accomodation and also emotionally dependent. Will this affect my application?

[vinny]

See also
Gherson > NM ("leading an independent life") Zimbabwe [2007] UKAIT 00051
MI (Paragraph 298 (iii): "independent life") Pakistan [2007] UKAIT 00052
Definition.


Which dependant category are you (i.e. what category was your father before ILR)?

Update: Changes to the Immigration Rules.

[Wanderer]

Hey, the income im earning cannot accomated me,meaning im still somewhat dependent on him for accomodation and also emotionally dependent. Will this affect my application?

The rule is 'wholly or mainly dependant'. Emotional dependancy is not counted.

[Dgirl20]

See also
NM ("leading an independent life") Zimbabwe [2007] UKAIT 00051
MI (Paragraph 298 (iii): "independent life") Pakistan [2007] UKAIT 00052

Which dependant category are you (i.e. what category was your father before ILR)?

Hey, thanks for this info, very helpful. He was a work permit holder which is what im still currently under and it is still valid too, but im now trying to switch my category to his settlement, given he has now switched too, but couldnt do this at the same time as him.
Came to the UK under him and have lived with him throughout till date, with him sponsoring my education too. Any help will be greatly appreciated. Thanks again.

[geriatrix]

and it is still valid too,

Not necessarily! AIUI, you should have changed to dependent (child) of settled person, subsequent to your father being granted ILR. At the moment you are dependent to a non-existant migrant (work permit holder).

Did you check with UKBA if you could continue on WP dependent visa in spite of your father being granted ILR? If not, please do.


regards

[Dgirl20]

and it is still valid too,

Not necessarily! AIUI, you should have changed to dependent (child) of settled person, subsequent to your father being granted ILR. At the moment you are dependent to a non-existant migrant (work permit holder).

Did you check with UKBA if you could continue on WP dependent visa in spite of your father being granted ILR? If not, please do.


regards

Hey, thanks for this. I did call and was advised I had to apply separately given my current leave is still valid, I explained my dad had now changed and that was the advise I got, might have to call again just to be sure, thanks anyway.

[Wanderer]

and it is still valid too,

Not necessarily! AIUI, you should have changed to dependent (child) of settled person, subsequent to your father being granted ILR. At the moment you are dependent to a non-existant migrant (work permit holder).

Did you check with UKBA if you could continue on WP dependent visa in spite of your father being granted ILR? If not, please do.


regards

Hey, thanks for this. I did call and was advised I had to apply separately given my current leave is still valid, I explained my dad had now changed and that was the advise I got, might have to call again just to be sure, thanks anyway.

Yes but that was when your father was on WP - now your leave is not valid, you cannot be a dependant of WP holder who is not now a WP holder.

You should have switched to dependent of a settled person, unless UKBA give a dispensation as Sushmehta said. You would have to have this in writing tho, just being told it's ok on the phone is not enough.

[Dgirl20]

Wanderer,

Thanks for the info. I explained the situation to them because at the time my dad had already applied for ILR and they advised me to do so separetely. Guess they wrongly advised me then, and I might not be able to proof this as it was only a phone conversation and not by email or anything that could be recorded.

What do you suggest I do, go back to my country and apply for entry clearance as his over 18 dependent? This will be quite difficult though as even if I go back, i dont have anywhere to stay given my whole family is here, so will be stuck without accomodation.

I might have to do this via an immigration lawyer as calling HO again is pointless given you can hardly ever reach them on phone either.

But thanks for all your advise though, been very helpful.

[gidoc]

Your info from UKBA is correct. You have to apply now on SET F form as I have explained before. It amounts to what others have mentioned, switching visa status as dependent of a 'settled person'. In your case, it actually means, applying for PR as you have completed 5 yrs of stay and are already on a valid visa. However if you leave the country and return, it might pose a problem as current border control info regarding your father would have been updated, hence youre visa can become invalid.
Apply with documents as I suggested and you should not have a problem + do not leave the country until you get PR.
Best Regards

[Dgirl20]

Thanks for that Gidoc, will apply that way and hope for the best.

[vinny]

See also
NM ("leading an independent life") Zimbabwe [2007] UKAIT 00051
MI (Paragraph 298 (iii): "independent life") Pakistan [2007] UKAIT 00052

Which dependant category are you (i.e. what category was your father before ILR)?

Hey, thanks for this info, very helpful. He was a work permit holder which is what im still currently under and it is still valid too, but im now trying to switch my category to his settlement, given he has now switched too, but couldnt do this at the same time as him.
Came to the UK under him and have lived with him throughout till date, with him sponsoring my education too. Any help will be greatly appreciated. Thanks again.

It seems that you could also have applied for ILR (198) at the same time as your father. Apparently, KOL was exempted.

Good luck! Let us know what happens.

[Dgirl20]

Hi,

Just a quick update to let you know how it all went.

Had an in person application and it went through successfully. (alot more smooth than I expected).

I used the SET (O) form, (thought i might as well give it a try). I wasnt asked for much when I went, just my application form, passport of me and my dad, and my Life in the Uk pass notification and also proof of address. Some checks were done and I was told about 5-6 minutes later that all was ok, and was also told my score on the test (i only failed 3 :) ).

Was then told to go an pay and come back after 1.5 - 2 hours or wait around if i wanted to. I coudnt content my joy so had to go for a walk and call my dad to let him know who was quite pleased himself). I then went round for a while and then came back some time later.

I was expecting to come and wait again for ages for my number to be called as i only came about an hour later, but to my surprise everything was ready to collect when I arrived, with my visa already stamped. I was asked to check if my name was spelt correctly, and also my DOB.

The whole process took about 2hours altogether. (IMPRESSIVE).

Nothing more was asked but I think it depends on what case worker deals with your case, though always carry as much documentation as possible.

I had the enough documentation handy; So you should have the below handy too;

- Any letters or certificates from school/college to show you have studied or are currently studying
- Evidence of what you are currently doing, whether working or studying
- Proof of address (e.g NHS card, bank statments or letters to your address,) and anything to show proof of adress and that you reside in the same home as your parent. (you might want some letters of your dad too to proof you reside in the same house).
- Your passports (you and your dads)
- Your life in the UK pass notification.
- Birth Certificate
- Letter from your parent(s) stating that you came here as their dependant and are still wholly dependent on them

Just want to thank everyone who supported me and advised with this process. It was much helpful and still very much appreciated.

All the best for those in my situation in the process of applying.

What Next - My 21st to look forward to :)

Dgirl.xx

[vinny]

Congratulations!

[gundabinu]

@Dgirl20 Did they ask you for details of your work? How much did you pay?