Actions required when Daughter becomes 18 years old

[orionsbelt]

Please will a senior Member please confirm my conclusion re the case set out below?
Concerns daughter of Thai wife when daughter becomes 18 years old.

Husband Permanent UK resident (but not blood Father) . Wife is Thai with indefinite leave to remain and has been in UK for over 8 years. All live together as family.

Daughter (DoB 22/12/1995) of Thai wife is living in UK with following visa:

‘VISA Settlement to Join Parents’ which is valid until 2/12/2013

She is 18 on 22/12/2013

Her current visa is stamped: Indefinite leave to ENTER UK.

The girl wants to continue to stay in work UK after she is 18.
Please confirm the following is correct and any other advice.

-- Therefore to obtain ‘Indefinite leave to Remain’ she must apply on SET F ‘’any time ‘’ before her current visa expires on 2/12/13. i.e. she could apply now 1 year in advance?

As she is under 18 if she applies before 22/12/2013 she will not require Life in UK test.
Again as she is under 18, She is not required to obtain any ESOL or English qualifications?

So action is to complete SET F, supply required documents pay the £991 or go to Croydon and to do all that any time in the next 12 months?

Thanks

[geriatrix]

1. Did mother have settled status when the child applied for the visa that has an expiry date of 2-Dec-13?
2. Does the child's passport (which contains the visa vignette) expire on 2-Dec-13?

[orionsbelt]

Thank you for you response.

1 Yes the mother has Indefinate leave to remain and has had that for some years.

2 The girls passport expires on Dec 2nd 2013.
The girl is 18 on 22/12/2013

[John]

Her current visa is stamped: Indefinite leave to ENTER UK.

That visa was clearly issued outside the UK. As soon as she entered the UK it was effectively converted into an ILR visa. It is unsurprising that the visa stated expiry date is her current passport's expiry date. But that date was effectively the last day she could first enter the UK using that visa, so can now be ignored.

orionsbelt, what you do not tell us is whether your wife has British Citizenship? Or if not, whether she intends to apply for that prior to her daughter's 18th birthday?

Also, your step-daughter, when did she actually come to the UK? How long ago?

[vinny]

Her current visa is stamped: Indefinite leave to ENTER UK.

The girl wants to continue to stay in work UK after she is 18.
Please confirm the following is correct and any other advice.

-- Therefore to obtain ‘Indefinite leave to Remain’ she must apply on SET F ‘’any time ‘’ before her current visa expires on 2/12/13. i.e. she could apply now 1 year in advance?

As John said, she has ILE. No further action is required, unless she wants to apply for British Citizenship.

[orionsbelt]

Thank you for the response seems, I have inadvertently mislead you, this is not my family it’s my Thai wife best friend.
They do not want British Citizenship.

However Thanks to you and after further research I now understand the meaning of ‘‘indefinite leave to enter’’
Seems that ‘‘indefinite leave to remain’’ can only be issued by Boarder agency in the UK. When a visa is issued outside UK its’ indefinite leave to enter’’. But has the same meaning once the person enters the UK
Found the following on the web but not the UKBA detail reference
Indefinite Leave to Enter is the permanent residence status in the U.K. awarded by an Embassy or High Commission outside the country. It applies to

• children whose mother or father is settled in the U.K.
• other dependant relatives
• dependants of refugees with indefinite leave
• returning permanent residents who have lost their documents abroad
• settlement after discharge from Gurkhas
• settlement after discharge from HM forces
• spouse and children of ex members of HM forces

Also the following which I suspect no longer applies
• spouses or civil partners after being married for 4 years and having passed the KOL test
If a spouse has been married to a British citizen for more than four years and has not passed the KOL test she will be issued a spouse visa valid for 27 months and endorsed in the remarks column as follows:
SETTLEMENT SPOUSE/CP (KOL REQ)
No recourse to public funds ..

I’m now happy but I wish the Boarder Agency manual /rules /policy was written in a manner to allow people to easily find out information. Please correct any of the above if required
Thanks