1. What is the purpose of Form SET(F) – Application for Indefinite Leave to Remain (ILR) as a child under 18?
The purpose of Form SET(F) – Application for Indefinite Leave to Remain (ILR) as a child under 18 is to allow eligible children under the age of 18 who have been residing in the UK on a specific visa category to apply for Indefinite Leave to Remain (ILR). This form is essential for minors who have met the residency and eligibility requirements to transition from their current temporary immigration status to settled status in the UK. The completion of Form SET(F) enables these children to formalize their legal residence in the UK, providing them with stability and security in their immigration status as they continue to grow and develop in the country.
2. Who is eligible to apply for ILR as a child under 18 using Form SET(F)?
To be eligible to apply for Indefinite Leave to Remain (ILR) as a child under 18 using Form SET(F), the following criteria must be met:
1. The applicant must be under the age of 18 at the time of application.
2. The applicant must have completed a continuous period of at least seven years residence in the UK prior to turning 18, with at least four of those years spent with valid leave to remain.
3. The applicant must have spent a significant part of their childhood residing in the UK.
4. The applicant must meet the suitability requirements, including being of good character and not having breached any immigration laws.
5. The applicant must meet the English language requirements unless exempted.
6. The applicant must not fall under any of the grounds for refusal, such as being a threat to national security or having a criminal record.
If the applicant fulfills these requirements, they may be eligible to apply for ILR as a child under 18 using Form SET(F). It is important to carefully review the specific guidelines and requirements set out by the Home Office to ensure a successful application.
3. What documents are required to be submitted with the Form SET(F) application?
When submitting an application for Indefinite Leave to Remain (ILR) as a child under 18 using Form SET(F), there are several essential documents that must be included to support the application. These documents typically include:
1. The completed application form SET(F) itself, fully filled out and signed by the applicant or their legal guardian.
2. The applicant’s valid passport or travel document.
3. Two passport-sized photographs of the applicant, in line with the Home Office’s photo guidance.
4. Evidence of the applicant’s continuous residence in the UK, such as school records, healthcare records, or any other relevant documents.
5. Proof of the applicant’s relationship to their parent or guardian who is settled in the UK, such as birth certificates or adoption certificates.
6. Any other supporting documents that demonstrate the applicant meets the eligibility criteria for ILR as a child under 18, such as proof of parent’s settled status, financial support, and accommodation arrangements.
It is crucial to ensure that all required documents are included and that they are up-to-date and in the correct format to avoid delays or complications in the application process.
4. How much is the application fee for Form SET(F) for ILR as a child under 18?
The application fee for Form SET(F) for Indefinite Leave to Remain (ILR) as a child under 18 is £1,033 as of October 2021. This fee is subject to change and it is essential to check the official UK government website or consult with an immigration expert for the most up-to-date information on application fees. It is crucial to ensure that the correct fee is paid when submitting the application to avoid any delays or complications in the processing of the ILR application.
5. What are the residency requirements for ILR as a child under 18?
In order to be eligible for Indefinite Leave to Remain (ILR) as a child under 18, there are specific residency requirements that must be met. These include:
1. Continuous residence in the UK for at least seven years prior to the application.
2. Not having been absent from the UK for more than 6 months in any 12-month period during the qualifying period.
3. Having lawful immigration status throughout the seven-year period.
4. Not having breached any immigration rules or conditions during the qualifying period.
5. Demonstrating good character, which includes maintaining a clean criminal record and meeting other conduct requirements.
Meeting these residency requirements is crucial to successfully applying for ILR as a child under 18. It is important to carefully review the specific guidelines and seek legal advice if needed to ensure eligibility.
6. How long does it take to process a Form SET(F) application for ILR as a child under 18?
The processing time for a Form SET(F) application for Indefinite Leave to Remain (ILR) as a child under 18 can vary depending on various factors. However, as a general guideline, the UK Visas and Immigration (UKVI) aims to process 90% of ILR applications within six months. It is important to note that this is just a target timeframe and actual processing times may differ based on the individual circumstances of each case, the complexity of the application, and any backlog of applications at the time of submission. It is recommended to submit the application well in advance of the expiry of the current visa to allow for any potential delays in processing.
7. Can a child under 18 apply for ILR independently or does a parent/guardian need to apply on their behalf?
A child under 18 can apply for Indefinite Leave to Remain (ILR) independently without the need for a parent or guardian to apply on their behalf. However, it is important to note that the application process for a child under 18 may require the support and assistance of a responsible adult, such as a parent or legal guardian, in gathering the necessary documentation and fulfilling any additional requirements set out by the Home Office. It is crucial to ensure that the application is completed accurately and all relevant documents are provided to support the child’s eligibility for ILR.
8. What is the validity period of ILR granted under Form SET(F) for a child under 18?
The Indefinite Leave to Remain (ILR) granted under Form SET(F) for a child under 18 is typically valid for an indefinite period, hence the term “Indefinite Leave to Remain. Upon approval, the child will have the right to live, work, and study in the UK without any time restrictions. This status signifies a firm commitment from the UK government to allow the child to remain in the country for as long as they wish. It provides stability and security, as well as numerous benefits, such as access to public funds, healthcare, and education. Overall, ILR granted under Form SET(F) ensures that the child can establish a permanent residence in the UK.
9. Are there any English language requirements for ILR as a child under 18?
Yes, there are English language requirements for Indefinite Leave to Remain (ILR) as a child under 18 in the UK. Individuals applying for ILR as a child under 18 are not required to meet the English language requirements. This exemption applies to children who are applying for ILR on the basis of living in the UK continuously for a specific period as a dependent child of a parent with settled status. However, it is essential to ensure that all other eligibility criteria are met and that the application is supported by the necessary documentation to demonstrate eligibility for ILR as a child under 18.
10. What is the Life in the UK test requirement for ILR as a child under 18?
The Life in the UK test is not a requirement for a child under 18 applying for Indefinite Leave to Remain (ILR). Children under the age of 18 who are applying for ILR as dependents of a parent or guardian are not required to take the Life in the UK test. However, they must meet the specific eligibility criteria set out for this category of ILR application, which may include factors like continuous residence in the UK, good character requirements, and dependency on the parent or guardian who is also applying for ILR. It is important to carefully review the specific guidance and requirements for ILR applications as a child under 18 to ensure all criteria are met before submitting the application.
11. How can one demonstrate that they meet the ‘good character’ requirement for ILR as a child under 18?
To demonstrate that a child under 18 meets the ‘good character’ requirement for Indefinite Leave to Remain (ILR), several key factors should be considered:
1. Compliance with Immigration Rules: It is essential to show that the child has complied with UK immigration rules throughout their stay in the country.
2. Criminal Record: Providing a clean criminal record check, both in the UK and any other country where the child has resided, is crucial in demonstrating good character.
3. Behaviour and Conduct: Evidence of good behaviour, adherence to laws, and positive contributions to society, such as involvement in community activities or volunteer work, can support the assertion of good character.
4. Honesty and Integrity: Displaying honesty and integrity in all dealings with UK authorities, such as providing accurate information and documentation, is important for establishing good character.
5. Refusal of Previous Applications: If the child has previously had immigration applications refused, demonstrating how they have rectified any issues or circumstances that led to the refusals can strengthen their good character representation.
6. Relationships with Others: Maintaining positive relationships with family members, educators, employers, and other individuals can also be indicative of good character.
Overall, presenting a well-rounded picture of the child’s conduct, interactions, and history will help immigration authorities assess their ‘good character’ and eligibility for Indefinite Leave to Remain as a child under 18.
12. Can a child under 18 apply for ILR if they have been in the UK unlawfully?
1. Yes, a child under 18 can apply for Indefinite Leave to Remain (ILR) in the UK even if they have been in the country unlawfully. The UK government recognizes that children under 18 may have certain rights and protections regardless of their immigration status.
2. Applications for ILR as a child under 18 who has been in the UK unlawfully are considered on a case-by-case basis, taking into account factors such as the child’s best interests, their ties to the UK, and any compelling compassionate circumstances.
3. It is important to provide all relevant supporting documents and evidence to demonstrate the child’s circumstances and eligibility for ILR, including details of their time in the UK, their education, family ties, and any other factors that may support their application.
4. Seeking legal advice and assistance from immigration experts or solicitors experienced in ILR applications for children under 18 can be beneficial to ensure that the application is well-prepared and presented in the best possible way.
13. What are the consequences of providing false information or documentation in a Form SET(F) application for ILR as a child under 18?
Providing false information or documentation in a Form SET(F) application for ILR as a child under 18 can have serious consequences. Here are some of the potential outcomes:
1. Rejection of the application: If false information is discovered during the application process, the Home Office may reject the application for indefinite leave to remain.
2. Ban from reapplying: Individuals who provide false information may be banned from reapplying for a specified period, which can have long-term implications for their immigration status.
3. Legal consequences: Providing false information in an application can lead to legal repercussions, including potential prosecution for fraud or deception.
4. Deportation: In serious cases where false information has been provided, individuals may face deportation from the country.
5. Damage to credibility: Providing false information can damage the individual’s credibility with immigration authorities, making it harder to secure future visas or residency permits.
It is crucial to be honest and accurate in all aspects of the application process to avoid these severe consequences.
14. Is there an option to appeal a decision made on a Form SET(F) application for ILR as a child under 18?
Yes, there is an option to appeal a decision made on a Form SET(F) application for Indefinite Leave to Remain (ILR) as a child under 18. If your application for ILR is refused, you may have the right to appeal the decision to the Immigration and Asylum Chamber of the First-tier Tribunal. During the appeal process, you will have the opportunity to present your case and provide any additional evidence to support your application. It is important to carefully review the reasons for the refusal and seek legal advice to determine the best course of action for your appeal. The appeals process can vary depending on individual circumstances, so it is recommended to seek guidance from an immigration specialist to navigate this process effectively.
15. Can a child under 18 apply for ILR if their parent(s) do not have settled status in the UK?
Yes, a child under 18 can apply for Indefinite Leave to Remain (ILR) in the UK even if their parent(s) do not have settled status. In such cases, the child may be eligible to apply for ILR on their own basis, for example, if they have lived in the UK for a certain period of time or meet other specified criteria. It is crucial to carefully review the specific requirements and eligibility criteria for a child applying for ILR as outlined in the Form SET(F) guidance to ensure a successful application. Additionally, seeking advice from an immigration lawyer or specialist may be beneficial to navigate the complexities of the process effectively.
16. Are there any specific financial requirements for ILR as a child under 18?
Yes, there are specific financial requirements for ILR as a child under 18. These requirements include proving that the parent or guardian who is responsible for the child has sufficient funds to support the child without recourse to public funds. The financial evidence provided should demonstrate that the child will not become a burden on the social assistance system in the UK. This can be evidenced through bank statements, income sources, and proof of stable financial support for the child. It is important to ensure that all financial documentation meets the specified criteria set by the Home Office to avoid any delays or issues in the ILR application process.
17. Can a child under 18 included in their parent’s ILR application under a different immigration category?
1. Yes, a child under 18 can be included in their parent’s Indefinite Leave to Remain (ILR) application under a different immigration category. The rules regarding dependent children under the age of 18 vary depending on the specific immigration category the parent is applying under. The child will typically need to meet certain eligibility criteria, such as being financially dependent on the parent and having lived with them in the UK. It is important for the parent to include all necessary documentation and information for the child in their ILR application to ensure that the child’s status is also considered for approval. It is advised to consult with an immigration expert to understand the specific requirements for including a child in an ILR application under a different immigration category.
18. What happens if a child under 18 turns 18 before their Form SET(F) application for ILR is processed?
If a child under 18 turns 18 before their Form SET(F) application for Indefinite Leave to Remain (ILR) is processed, their application will no longer be considered under the child ILR route. Instead, they will need to submit a fresh application for ILR under the relevant adult category. This may require meeting different eligibility criteria and evidencing the necessary residency and other requirements applicable to adult ILR applications. It is important for individuals in this situation to seek guidance from immigration advisors or solicitors to understand the implications and options available to them as they transition into the adult immigration category.
19. Is it possible to work or study in the UK while waiting for a decision on a Form SET(F) application for ILR as a child under 18?
Yes, it is possible to work or study in the UK while waiting for a decision on a Form SET(F) application for Indefinite Leave to Remain (ILR) as a child under 18. However, there are certain conditions that need to be met in order to do so legally:
1. You can work in the UK if you are aged 16 or over and your application for ILR has been pending for more than 6 months, provided you have already been granted limited leave to remain as a child.
2. As for studying, you can continue your education in the UK while your ILR application is under consideration. This includes attending school, college, or university.
It is important to ensure that you have the appropriate permissions in place to work or study in the UK during this time, and it is advisable to seek guidance from immigration experts or legal professionals to understand your specific circumstances and rights.
20. Are there any circumstances under which a child under 18 may be eligible for ILR through Form SET(F) even if they do not meet all the requirements?
1. Yes, there are circumstances under which a child under 18 may be eligible for Indefinite Leave to Remain (ILR) through Form SET(F) even if they do not meet all the requirements. One such circumstance is if the child has compelling compassionate reasons why they should be granted ILR, despite not meeting all the eligibility criteria. These compassionate circumstances could include situations where the child has faced extreme hardship, trauma, or danger in their home country, and it would not be in their best interest to return. Immigration authorities may consider such cases on an individual basis, taking into account the child’s best interests and their unique circumstances when determining their eligibility for ILR.
2. Additionally, if there have been errors or misunderstandings in the application process that have led to the child not meeting all the requirements, but they can provide evidence to support their case and demonstrate that they meet the necessary criteria, immigration authorities may exercise discretion in granting ILR. It is essential in such cases for the child or their legal representative to provide a detailed explanation of the circumstances that have led to the shortcomings in meeting the requirements and to present any additional evidence or documentation that could support their application for ILR.
3. Ultimately, the decision to grant ILR to a child under 18 who does not meet all the requirements through Form SET(F) lies with the immigration authorities, who will carefully consider all relevant factors before making a decision. It is crucial for applicants in such situations to seek legal advice and assistance to present a strong case and advocate for their eligibility for ILR based on compelling compassionate reasons or exceptional circumstances.