Hi. I'm 19 years old and I came in uk last February 2008 ( living in the country for 4 years now). I came here as a dependent child of my father who has working visa. We applied for ILR last August 2012 and I know that I have to applied separately as I am already 18 at that time. I have done U.K Life test and Biometrics. However, the problem is my family have already got their ILR status last January but I haven't got anything yet. I am a full time student and just need the ILR status to apply to universities this year. What are your thoughts about my case?
over 18 dependent application
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I'm pretty certain you could have applied with your family last August. Even though you were already 18 at that time, you first came when you were a minor and you are still dependent on your family and you haven't formed an independent life of your own (say, by marrying). I'm sure you can still apply on SET(O).
"Where a child who was given leave to enter or remain with a view to settlement under Paragraph 302 and Paragraph 319XA applies for settlement (or further leave to remain with a view to settlement) on the basis of his parents' or sponsors application/status, the fact that he has reached the age of 18 since being granted limited leave with a view to settlement is not a basis for refusing the application."
http://www.ukba.homeoffice.gov.uk/s...Is/idischapter8/section5a/annex-m?view=Binary Page 5
"To qualify under the Rules, at the time of application and decision, a child must:
* be unmarried, and not at any previous time have been married;
* not currently be in or have previously formed a relationship with another person (such as a common-law or homosexual relationship) which could be said to be the equivalent of being married, except for name and legal recognition;
* still be living with his parent(s) and any brothers and sisters who are living with their parent(s), (except where he is at boarding school as part of his full-time education);
* not be employed full-time or for a significant number of hours per week (although the obtaining of a "Saturday" job or a temporary job during his school holidays should not be counted against him); and
* be wholly or mainly dependent upon his parent(s), (or relative other than parents, if appropriate), for both his financial and emotional support."
Page 5 & 6
"Where a child who was given leave to enter or remain with a view to settlement under Paragraph 302 and Paragraph 319XA applies for settlement (or further leave to remain with a view to settlement) on the basis of his parents' or sponsors application/status, the fact that he has reached the age of 18 since being granted limited leave with a view to settlement is not a basis for refusing the application."
http://www.ukba.homeoffice.gov.uk/s...Is/idischapter8/section5a/annex-m?view=Binary Page 5
"To qualify under the Rules, at the time of application and decision, a child must:
* be unmarried, and not at any previous time have been married;
* not currently be in or have previously formed a relationship with another person (such as a common-law or homosexual relationship) which could be said to be the equivalent of being married, except for name and legal recognition;
* still be living with his parent(s) and any brothers and sisters who are living with their parent(s), (except where he is at boarding school as part of his full-time education);
* not be employed full-time or for a significant number of hours per week (although the obtaining of a "Saturday" job or a temporary job during his school holidays should not be counted against him); and
* be wholly or mainly dependent upon his parent(s), (or relative other than parents, if appropriate), for both his financial and emotional support."
Page 5 & 6
Thanks for answering my question
but what does this paragraph means?
However, where a child was admitted in a temporary capacity, other than under Paragraph 302 or Paragraph 319XA and was 18 at the time the application was made for settlement (or further leave to remain with a view to settlement), the application may be refused on those grounds under Paragraph 303 or 319XB of the Immigration Rules.
but what does this paragraph means?
However, where a child was admitted in a temporary capacity, other than under Paragraph 302 or Paragraph 319XA and was 18 at the time the application was made for settlement (or further leave to remain with a view to settlement), the application may be refused on those grounds under Paragraph 303 or 319XB of the Immigration Rules.
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What it means is had you come in not as a dependent family member of a points-based system parent originally but in some other way, such as student, visitor etc, then your application for settlement will probably be refused. So it doesn't apply to you.
The paragraph that applies to you is in UK Border Agency | Family members of relevant points-based system migrants paragraph 319J. You have passed the Life in the UK test, which is good.
Thanks for that information. It's just I'm really worried , my passport hasn't come back and it says on the UKBA letter that 90 percent of the applications should be completed by 6 months... which I've been waiting for 7 months now... My parents and all of my siblings are now settled. I know a friend who's 20 now and he has been living in this country just the same as mine. He did his application with his family 2 yrs ago , I think and he was successful. Tbh, I couldn't stop thinking about it because I'm already on my way to do a degree in university....lol..but I want to get a degree in this country cuz I've already got some of my qualifications here e.g. GCSEs and in just few months my A Levels!
Another question, sorry for being annoying, its just my curiosity.... Have you ever heard somebody who took longer than 6 or even 8 months just to get their ILR status... I mean I'm not bothered of waiting but I just want to know if why does UKBA get some of their applicants to wait longer than others
got a news from last week... my friends who are much older than me got their ILR approved 2 weeks ago.... the thing is the UKBA approved their applications together with their parents.. It's worrying me becuz how come the UKBA excluded me when they approved my family's application. I have also rang them up three weeks ago and they said its normal to wait longer if your an adult dependent but that was not the case to my friends who are 20 + years... its stressing me a lot.. any advice at all????
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Yes, as I have said, you would probably have been approved together with your father if you had applied at the same time. You didn't, so it's taking longer. Provided you still meet the conditions I've outlined, you stand a good chance of being approved, so you just have to wait until you hear from them.
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