dependant turining 18

[joe777]

hello, my wife and 6yr old daughter came to the uk on the 10th may 2005 on a spouse visa, but the visa was issued on the 17/3/2005. on the 9 dec 2006 my 17yr old stepson came to the uk, on his visa it says 'join mother/cyr'. as my wife arrived later than 28 days of the visa being issued, she applied for FLR, and my daughter and stepson were put down as dependants, the visa was granted until 10th of may 2007, so she will have been in the uk 2 yrs.

my stepson turned 18 in mid feb, as its nearly time to apply for ILR, i thought i would have to apply for SET (f) for my stepson, and SET (m) for my wife and my 6 yr old daughter could be listed as a dependant.

but I phoned IND and the lady said, that my stepson could still go on my wifes set (m) form if she can prove hes still dependant on us, even thou hes 18

does anyone know if this is true ??

thanks for any help or advice

[transpondia]

Yes, it's correct as far as it goes. There was an adverse decision from the Tribunal in January that struck down an applicant who turned 18 DURING the decision process, but if you haven't made the application yet, you should be ok.

[joe777]

thank you for the reply.


what would happen if my stepson was turned down, would he just be refused ILR or would my wife and 6yr old daughter have to apply and pay again.

anyone know ?

thanks again

[pumkin]

thank you for the reply.


what would happen if my stepson was turned down, would he just be refused ILR or would my wife and 6yr old daughter have to apply and pay again.

anyone know ?

thanks again

Your wife must be stressing quite a bit. My thoughts are with her. If your step son is fully dependent on you and he had valid entry clearance as her dependent, I can't see it being a problem. Especially if he is still studying. Is he? My daughter came into the Uk at 16 as my dependent. She got ILR at 19. Ok, my case was quite complicated, but I see no reason why your step son should be refused. Having said that, there is no guarantee as to what the person dealing with your application will be like!

[joe777]

pumkin, or anyone else,
ive just phoned ind, and even spoke to a supervisor, they say that my stepson cannot go on my wifes set (m) because hes 18, everyone over 18 must make a separate application and fee !!!

after i spoke to a lady at ind yesterday she says he could even if he was 18, as hes still dependant !!!!

hes not studying but iam enrolling in college here for a course in sept, as he didnt come here until last dec

anyone got any advice or what i should do ??
thanks

[pumkin]

pumkin, or anyone else,
ive just phoned ind, and even spoke to a supervisor, they say that my stepson cannot go on my wifes set (m) because hes 18, everyone over 18 must make a separate application and fee !!!

after i spoke to a lady at ind yesterday she says he could even if he was 18, as hes still dependant !!!!

hes not studying but iam enrolling in college here for a course in sept, as he didnt come here until last dec

anyone got any advice or what i should do ??
thanks

I would have thought that as he is over 18 you would be applying for ILR for a family member over 18 (F) and that he couldn't go on your wife's set M, however, submit it along with the set m, with documents proving that he is still very much dependent on you. Are you going to apply for this at the PEO office?

[sakura]

It states on the ILR application guidance notes:

Children aged 18 or over cannot be included; they must each
apply individually and pay the prescribed fee, as must any
children under 18 if there is some reason preventing them
from being included in your application.

So, it would seem that he cannot apply with your wife. He will also need to take the Life in UK test, since he is 18. However, I am not sure what the qualifying time would be for him (is it 2 years, and he has only been here for less than one year?), so you should check with a senior member/moderator of this board or call the HO.

Do you mean you are applying for university for your stepson, or college (post 16)?

[joe777]

thanks for the reply, so you made a seperate application and fee for your daughter ?

i was told by a lady at ind that i could include him on my wifes set (m) form. saving me £750, looks like shes was wrong then.

no iam gonna post them, iam not paying £2000 ! hehehe,, yes i was told before i could include his form set (f) with my wifes set (m) and they would be looked at, at the same time..

iam getting his aunt, who is disabled, who looked after him to write a letter explaining that i paid her to look after him,and she moved 800 miles to where he was living and studying, but she had to go back to her home,as she has got family problems, as she has a disabiltiy, she is totally reliant on her family. and they can not afford to support him, and he doesnt have any other family,. thats why i got him to the uk

he doesnt even have a bank account, no money, he is 100% rleiant on me and my wife, i have a letter from his dad who is in he usa, saying that he has no contact with his son, and gives him little support, and he wants his son to live in the uk with his mom and sister.

also i was thinking of getting his 6yr old sister to write i note asking that her brother can stay, as she misses him, which they do ,they had not seen each other for 18 months.

as i said iam enrolling him in a 2 yr college course to,

any other adivce anyone have ?

[joe777]

It states on the ILR application guidance notes:

Children aged 18 or over cannot be included; they must each
apply individually and pay the prescribed fee, as must any
children under 18 if there is some reason preventing them
from being included in your application.

So, it would seem that he cannot apply with your wife. He will also need to take the Life in UK test, since he is 18. However, I am not sure what the qualifying time would be for him (is it 2 years, and he has only been here for less than one year?), so you should check with a senior member/moderator of this board or call the HO.

Do you mean you are applying for university for your stepson, or college (post 16)?

when i appiled for a visa for him, it had the same expire date as my wifes, i applied for the visa for him in nov 2006 when he was 17, , as a dependant of my wife, he came to the uk in dec 2006, i applied for FLR in jan for my wife and he was put as a dependant, that was granted til 10th may, thats when my wife has been in the uk 2 yrs. they both have the same expire date of 10th of may, but as i said he turned 18 in mid feb. !

[sakura]

Umm, I don't think the problem is that he will be told to leave the UK- that isn't really an issue, is it? So his 6 year old sister doesn't need to write a letter for him!

I mean that he cannot make an application as a dependent, as it states (you can always try, though, but if they refuse him, that would have been a big delay for nothing), and that he has really only been here for 4-5 months in total? I don't know what they say about that (making an ilr application having only been here as a dependent/under 18 for less than 4 months), so I ask that you contact them. Still you can always simply apply and see what they write back to you, since it's a tricky one.

[joe777]

i can understand my wife having to be here for 2 yrs, but i dont see why a dependant has to do the full 2 yrs, but yes iam going have to phone ind again and ask,

when my wife came here, we didnt bring him becuase he was in his final yr at school, and i paid his aunt to travel 800 miles to look after him as he was only 16 when his mom and sister left him. he then started at college and his aunt had to go back to her home , so even thou he was 17 1/2 , i had no option but to get him here.

[joe777]

i applied for ILR for my wife and stepson, as my stepson had just turned 18 , i had to use SET (o) for him, and SET (m) for my wife, and make 2 * £750 payments , they both were granted ILR last week , even thou hes only been in the UK for 5 months.

now he has ILR can he apply for naturalization in a years time, as my wife can ? or does he have to be in the uk 3 years before he can ?. i know you can apply for it 1 year after you have ILR. and as my wife was on a 2 yr spouse, she had to be in the uk 2 years before she could apply for ILR. but as he was and still is dependant on his mom, he was granted ILR to.

[Docterror]

Joe777, sorry to be the bearer of bad news but your son will have to accumulate the 5 years of residency in order to get naturalised since he is over 18.

Your wife will also have to wait that long but can have the requirement cut short to 3 years if you are a British Citizen yourself.

[joe777]

well as i said my wife has just got ILR, and yes iam british, so she can apply for Naturalization after 1yr of ILR, as she will have been in the uk 3 yrs then,,

my stepson i dont know about, i'll phone up ind and ask them,,