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SET(F) - was first a PBS depend. under 18, now student visa

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acatyim
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SET(F) - was first a PBS depend. under 18, now student visa

Post by acatyim » Thu Oct 20, 2016 8:13 pm

Please kindly share your view about my son's case:

He first entered the UK in 2010 as my Tier-2 PBS dependent. He then returned to Hong Kong to continue the high school education there until 2013. From Autumn 2013 to Summer 2015, he was in a boarding school in the US for an IB diploma to prepare for university education.

The wrong move was that I did not renew my Tier 2 visa together with him in 2013. Instead, he entered UK again in 2015 to study in a university in London using a student visa. Since then, he has lived with me, and I have bank records showing that I pay his uni tuition and provide the living support.

I was qualified for ILR application earlier this year and have successfully received it.

My question is: If my son applies for ILR using SET(F) form, is he qualified at all?

My doubt comes partly from the following requirements:
319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below.
...
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Points Based System Migrant, or the partner of a Points Based System migrant who is being granted indefinite leave to remain.
Does the fact that my son was once granted leave as my PBS dependent in 2013 let him meet the requirement above, even though he is now studying in the UK using a student visa?

Thanks in advance for your advice.

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CR001
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Re: SET(F) - was first a PBS depend. under 18, now student v

Post by CR001 » Thu Oct 20, 2016 8:30 pm

No, he does not qualify for ILR and a student visa does not lead to ILR either. He would have had to remain as PBS dependent to qualify for ILR.
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vinny
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Re: SET(F) - was first a PBS depend. under 18, now student v

Post by vinny » Fri Oct 21, 2016 2:44 am

How old is he now?

If both parents have ILR or you have sole responsibility, etc., then child under 18 may use SET(F).
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