[Elmore]

Hi all,

I have a few questions about my stepdaughters upcoming visa application following my wifes successful spouse visa granted in December. (Many thanks for all the priceless information from people on this site)

1. Am I correct in saying that under 18s do not have to do the English language test for initial settlement visa. What about turning 18 after arriving during the settlement process- is a test then required for FLR?

2. How long will the initial visa be granted for, 33 months or same as my wife?

3. How long would it take for naturalisation - 5 years the same as my wife or is it 10 years as she's not a spouse?

Thanks

 

[Joppa]

#1 Not initially. Yes, after turning 18, which will be at A2 level.
#2 Usually indefinite leave to enter or the same as your wife's.
#3 After gaining ILR and turning 18, she needs 5 years' residence in UK (not all the time on ILR).

 

[Elmore]

Thanks Joppa, on the application form it asks how long do you intend to stay in the UK, what answer should be used? the mother's visa expiration, indefinite, or something else?

 

[Joppa]

I suppose the safest to state the same as your wife's which is 33 months.

 

[netra717]

Hello All,

I have few questions about applying UK settlement visa from India for my 7 month old daughter. His father has got ILR but I(mother) is still on dependent visa.

1) Do we need to fill appendix 1 or appendix 2 along with the online form?

2) There is a question in the form which says - is your sponsor travelling with you? - Currently me and my daughter are in India and her father is in London. We are not very sure if we would come to pick us up in India. He might come or might not for now as we have not yet decided.
So what shall we write in the answer - yes or No. What is the significance of this question.

3) Also if you could suggest what are the main documents that we would need for this visa?


Just wanted to be sure before applying for the visa.

Thanks in advance,
Netra

 

[Richjohn]

#1 Not initially. Yes, after turning 18, which will be at A2 level.
#2 Usually indefinite leave to enter or the same as your wife's.
#3 After gaining ILR and turning 18, she needs 5 years' residence in UK (not all the time on ILR).

Could you please confirm your answer to #1.

I have a step-daughter who was originally admitted as a dependent child under 18, so no English test was necessary. We are now applying for FLR (at the 2.5 year point), and step-daughter is now 19 years old. Does she have to pass English test A2 (as well as my wife) at the FLR point?

I understood that the B1 would be required at the 5 year ILR point, but hadn't thought that dependent daughter had to take the A2 test at the FLR point.

Help, panic mode!

 

[Richjohn]

Joppa, I have just researched this further, in the light of the OP's question and my own circumstances.

The requirements are not clear on the FLR(M) application form -Section 8 English Language Requirement, where it just refers to a person who wishes to remain ... unless they are exempted from the requirement, and then goes on to ask if you are over 65.

App FM 1.0a Family Life (Aug 2017) 8.4.2 page 33 covers the revised English Language requirements re the introduction of the A2 test in the context of "a person" extending after 2.5 years and goes on to refer to Appendix FM 1.21 for Further Guidance.

Under that Further Guidance - Appendix FM Section 1.21 - "English Language Requirement - Family Members under Part 8, Appendix FM and Armed Forces" - at the end of 1.2 page 5 it says: "The English language requirement only applies to those applying as the main applicant under the rules listed above. It does not apply to dependants of such applicants."

In my situation, daughter was admitted as a dependent child when under 18 and although now over 18, my understanding is that she is still classed as a dependent and thus not required to take an English test. The requirement only applies to the main adult applicant. Am I wrong somewhere?

Regards

 

[Joppa]

That's my understanding too, but didn't want to comment as I wasn't 100% sure.

 

[Richjohn]

This all leads me to think that the same may well apply at ILR - i.e. that a child admitted as a dependant when under 18, who is now over 18, is not required to pass an English test at ILR?

 

[Joppa]

I'm not sure about that. My understanding is that everyone going for settlement must meet English requirement, unless they are exempt (e.g. aged 65 or over, special needs, exceptional circumstances).

 

[maniani]

English requirement is not applicable to depandants including children over 18. We had our premium service centre appointment at Solihull where no English certificate was aked for our son over 18. They told us its B1 at the time of applying ILR which appliees to all applicants unless under the age of 18.

 

[Joppa]

So I was correct on both counts!

 

[Richjohn]

Hi all,

I have a few questions about my stepdaughters upcoming visa application following my wifes successful spouse visa granted in December. (Many thanks for all the priceless information from people on this site)

1. Am I correct in saying that under 18s do not have to do the English language test for initial settlement visa. What about turning 18 after arriving during the settlement process- is a test then required for FLR?

2. How long will the initial visa be granted for, 33 months or same as my wife?

3. How long would it take for naturalisation - 5 years the same as my wife or is it 10 years as she's not a spouse?

Thanks

#1 Not initially. Yes, after turning 18, which will be at A2 level.
#2 Usually indefinite leave to enter or the same as your wife's.
#3 After gaining ILR and turning 18, she needs 5 years' residence in UK (not all the time on ILR).

English requirement is not applicable to depandants including children over 18. We had our premium service centre appointment at Solihull where no English certificate was aked for our son over 18. They told us its B1 at the time of applying ILR which appliees to all applicants unless under the age of 18.

So I was correct on both counts!

Joppa, well no, you weren't correct on both counts, unless you mean 2 of the 3 original questions/answers. The point is that A2 is not required at FLR for a dependant child who has reached age 18. I think that needs to be made clear so as not to mislead the many readers of these topics.

I take the point that B1 is required at ILR.

 

[Joppa]

That was some time ago, when the A2 rule came in for some applicants. The official guidance wasn't very clear on dependants. My current understanding is as verified by others. Remember also that if your 18+ child has established independent life like marrying, getting full-time job and living elsewhere, English requirement may affect them when they apply for a visa in their own right.

 

[maniani]

That was some time ago, when the A2 rule came in for some applicants. The official guidance wasn't very clear on dependants. My current understanding is as verified by others. Remember also that if your 18+ child has established independent life like marrying, getting full-time job and living elsewhere, English requirement may affect them when they apply for a visa in their own right.

Get a full time job won’t affect the independent status of the child over 18. If you look at the Immigration Rules Introduction, you will find the following:

“must not be leading an independent life” or “is not leading an independent life” means that the applicant does not have a partner as defined in Appendix FM; is living with their parents (except where they are at boarding school, college or university as part of their full-time education); is not employed full-time (unless aged 18 years or over); is wholly or mainly dependent upon their parents for financial support (unless aged 18 years or over); and is wholly or mainly dependent upon their parents for emotional support. Where a relative other than a parent may act as the sponsor of the applicant, references in this definition to “parents” shall be read as applying to that other relative.

Its clearly show the child can be full time if over 18 which concur with previous tribunal judgments.
I got you wrong on another point. Feel like, I can become a moderator.

 

[Joppa]

You are wrong. Home Office will look closely at those who are over 18 and claiming to be a dependant. Cumulative effect can tip the balance.