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ILR for spouse query

Discussion in 'UK Visa and Immigration Help' started by roderrick, May 23, 2023.

  1. roderrick
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    roderrick Member

    Hello,
    I'm currently preparing the ILR application for my wife and have a couple of 'sanity check' questions I hope someone might be able to answer.

    - My wife has been in the UK on a family/spouse visa since late 2017 and her BRP expires in June, so she is now going to apply for ILR using SET(M). Her daughter joined us in the UK as a dependant child on my wife's spouse visa, but arrived at a later point in mid 2019, so has not been resident in the UK for five years yet. She was under 18 years of age when she was first granted her visa to enter the UK, but is now over 18 years of age. She is single, has always lived with us in the UK, and is financially supported by us etc. My understanding is that my wife's daughter can be added as a dependant on my wife's SET(M) form despite being over 18 now, as she was under 18 when she was first granted leave to remain in the UK. Is this correct?

    - I thought from the guidance that my wife's daughter would need to complete the Life in the UK test and the English language requirements, despite still being a dependant, because she was over 18, however there was nowhere in the SET(M) form for her to enter these details. It is no problem either way as she has passed both already, but perhaps she didn't need to complete them?

    - I understand that after the ILR application is submitted we will be directed to UKVCAS to submit documents, arrange a biometrics appointment etc. Is there a time limit by which you need to have submitted the documents after the application is submitted? I have them mostly prepared already, but don't want to be blindsided by having to submit documents within 24 hours, or something like that.

    Thanks in advance for any help,
    Rod
  2. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Hi been through successfully the exact same process you are going through, they are 2 separate applications and 2 lots of fees! Sorry to say!
    When you then get to the daughters tests bit you will be able to upload the certificate numbers we scanned certificates also.
    Try and get all the required documents uploaded as you apply saved missing any
  3. roderrick
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    roderrick Member

    Ok thanks very much for that!

    I knew we would be up for two sets of fees, but I'm a bit confused about the process because in the SET(M) online form for my wife it says the following on the page where you can add additional applicants:
    'If this is the first time you are applying for leave in this category, you cannot include dependent children over the age of 18. You can include a child who is now 18 or over who was initially granted leave in this category when they were under 18. You must show that they are still dependent on you for financial support and not leading an independent life, and that they have not formed their own family unit (for example got married or had their own children).'

    I took this to mean we could include the daughter on the same SET(M) form as she was under 18 when first granted leave to remain under my wife's spouse visa?

    Thanks again
  4. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Yes unfortunately the forms are very generic, the bit where it says “ if this is the first time you are applying for leave in this category etc” refers to those coming straight in for example “wind rush, settling rules etc, you have applied in this category before starting with the spouse visa.
    That is how it was explained to me when we went through it 2020.
    Good Luck

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