ILR visa for family member

[joebloggs]

:Hellooo:
hi all, its near visa time again, i'am a bit worried about my stepsons app for ILR, as he came to the uk start of dec, but he turned 18 mid feb, so cannot go on my wifes app for ILR.

has anyone applied for ILR for a family member before on here? and anyone got any advice on getting ILR for him?

thanks :)

[andypaul]

I dont know the rules/law on the matter but i guess if he is a dependent and had no one in phill who could support him he should have a case.

Is he still studying in the UK?

I do not recall many people who use this site applying for ilr for many people apart from their chilldren.

[baboyako]

I think the issue is that he is not technically dependent since he is > 18.

I think education (i.e. enroll somewhere) might be the easiest way? :Erm:

[joebloggs]

well his dad is in usa and has no contact at all with him, his only brother whos 5 months old, and his 6 yr old sister and his mom are living with me. he really has no close family, he has a aunt who we got to move from palawan to manila,who we paid to take care of him when my wife and little gal left nearly 2 years ago, so he could finish his schooling and goto uni, but she had to move back to palawan because she has got family problems of her own, so we had to get him to come to the uk.

yes hes 18, but with no close family in the philippines, a disabled aunt who relies on her own family to support her, so they cannot support him, he is and has been totally dependant on me and my wife since we married nearly 5 years ago.

i know they can allow the visa for compassionate reasons, and with him having no family in the philippines and his sister was getting depressed about not seeing him, as they were very close.

hes looking after our 5 month old bb now, but wants to goto college and then uni here, he even plays basketball for the city of salford in the junior league :xxgrinning--00xx3:

oh i just found the refusal formula on the ind web site :)

[joebloggs]

hmm i justed phoned ind, and the saga continues the lady i spoke to, after telling her my situation, told me to hold on, and when she came back, she said that my stepson could still go on my wifes set (m) form, i said hes turned 18 in feb, and i said are you sure, because hes 18 he should go on a set (f) form, , she put me on hold again, and said yes, he could go on my wifes set (m) form if she can still prove hes dependant on us !!!

me still not sure about this, so i'll phone again,,, but it be :xxgrinning--00xx3: if its true save me £750 and all the hassle of trying to get him ILR on his own.

:Rasp: :Rasp:

[walesrob]

Ok, so I'm going to hijack this thread.:icon_lol:

Now that Elsa has ILR, would it make it any easier for her sister to come over? I would assume it would be a sponsored visa of some sort? Or would it be a family visa or something :Erm:

[LadyJ]

Joebloggs is your stepson is your wife's son? What kind of visa is he holding now?

It says on the SET M form 'Children aged 18 or over cannot be included. They must apply individually and pay the prescribed fee in each case'.

[joebloggs]

yes hes my wifes son, and yes i know what it says but iam going to phone ind again ,and ask the same question,,
also ive seen on another website this..

'The immigration rules class dependents as your legal spouse/ unmarried partner in a relationship akin to marriage and unmarried natural/adopted children under 18 years of age. The inclusion of married children under 18 or those over 18 as dependents will be considered on a discretionary basis by the Home Office with minimal chances of approval unless under the most compassionate circumstances. However it has been the experience of one of the moderators (Kayalami) that the Home Office tend to exercise discretion where the child entered the UK whilst under 18 as the dependent of a person coming to the UK in a category leading to settlement i.e. a Work Permit and the child has aged out by the time of ILR application. It is vital to demonstrate the level of dependence not limited to financial issues and the adverse impact the 'non consideration' of a grant of leave would have on the 'over age' child when requesting discretion. It is best to seek competent legal advice in 'discretionary' cases given the existence of various Home Office operational policies that are not public knowledge. '

my stepson has been here since 6th dec, his aunt looked after him in laguna, but she has a disability so she cannot support him, and due to family problems she has gone back to palawan thats why hes with me, also he misses, and his 6yr old sister misses him, they have a close bond, hes 100% dependant on me and my wife, and am going to try to enrol him in college here.
major point he was here before he turned 18, and his mom is on a spouse visa. so iam hoping i can include him. hell iam gonna get enough evidence to keep him here,

[LadyJ]

This is similar case to my relative and some friends. Mostly they decided to keep their stepsons with them here as well.

As you said, your stepson is 100% dependant on you and your wife and he is your wife's son, I'm sure there will be no problem for him applying a ILR in the future.

Have you put his name under your surname?

[joebloggs]

no, i've not adopted him, he should keep his family name, he kept his moms maiden name, and not his father surname, his dad lives in the usa, and only has seen him a few times, and dosnt support him in anyway, i got a letter from his dad stating he had little contact with him, and he didnt support him and also he wanted his son to live in the uk so he would be with his mom and sister., i used the letter to get him a visa in the first place. looks like i'll be using it again :xxgrinning--00xx3:

[joebloggs]

hmm looks like i will be putting my 18yr old stepson down as a dependant, along with his 6yr old sister on my wifes set (m) form for ILR.

with some letters from his aunt, his dad, from his sister and me , explaining why he is still dependant on me and my wife, and he should be allowed ILR.

but warning to other, i got told this 'There was an adverse decision from the Tribunal in January that struck down an applicant who turned 18 DURING the decision process, but if you haven't made the application yet, you should be ok'. i was told this from someone off another forum , ( keith forum is not as good as this thou :xxgrinning--00xx3: )

looks like thius might save me £750 !! ?

:D

[joebloggs]

lol, i phoned ind again, even spoke to a supervisor who insists that my stepson has to go on a seperate application and payment

i cannot believe this. :Rasp:

phoning IND is pointless. after the lady i spoke to yesterday said he could go on his mums app and ive found a forum which says that is true, and now today, hes needs his own app !!!!

whats my next step :Rasp: :Rasp:

:Help1: :Help1: :Help1:

[joebloggs]

looks like my sstepson cannot be included on my wifes set (m) form.

IND :Rasp: :Rasp: :Rasp: :Rasp: :Rasp: :Rasp: :Rasp:

they dont know what there doing !!


:bigcry: :Help1: :bigcry: :furious3: :Brick: :Help1:


i give up...

[KeithD]

If he's 18, he can get a :furious3: job, and pay for himself......youth of today eh? :rolleyes:

[LadyJ]

Your stepson is now age 18 and he will need to submit his own application form! Proof will need to be supplied that the son is indeed still a dependant.

You are making yourself confused just follow the bloody intruction written on the SET M Notes!:xxgrinning--00xx3:

[KeithD]

You are making yourself confused .....
Thats understandable, he's a Manc :D

TWO - ONE...TWO - ONE....:action-smiley-081: :Hellooo: :rolleyes:

[joebloggs]

:icon_lol:

some lady you are :xxparty-smiley-004:

:Erm: confused !!! nah, iam not a woman :omg: :icon_lol:

:censored: :action-smiley-081: to visa's, ind and the gov !!!

well, i might be a manc and unlike scousers i can read, but i got told this by someone
'discretionary' cases given the existence of various Home Office operational policies that are not public knowledge. '
but they will not tell me what the discrentionary policies are caz there not public knowledge :icon_lol: :icon_lol: :icon_lol:

well looks like my stepson CAN apply for ILR even thou he will have only been here 6 months, wether he gets it, thats depends on the discrentionary policies they use :Brick:

[LadyJ]

Hey! correct me if I'm wrong, manc means Mancunians?

[aromulus]

Hey! correct me if I'm wrong, manc means Mancunians?

Yup...............:xxgrinning--00xx3:

for lack of a better appropriate description....:icon_lol: :icon_lol:

Well... there are various other names you could use... same as scousers.... Only they are not indicated for use on a public forum..........................

[KeithD]

MANC = Manchesters A Narcotic Capital :D

[tiger@tigress]

Your stepson is now age 18 and he will need to submit his own application form! Proof will need to be supplied that the son is indeed still a dependant.
You are making yourself confused just follow the bloody intruction written on the SET M Notes!:xxgrinning--00xx3:

So it means child under 18 doesnt need to apply and pay separately im worried about that cuz its too expensive to pay double my child is only 6yrs old....

[LadyJ]

It is indeed too expensive!

And the answer to your question is yes, you can include your child below age18 to your application form.

[tiger@tigress]

It is indeed too expensive!
And the answer to your question is yes, you can include your child below age18 to your application form.

Thank you that somehow a relief :doh

[joebloggs]

So it means child under 18 doesnt need to apply and pay separately im worried about that cuz its too expensive to pay double my child is only 6yrs old....

child under 18 can go on your visa app, did you not put your child on your visa app as a dependant and send your childs passport with yours? i think you should have, as if you haven't then you will have to pay, becuase how is your child going to get a visa in thier passport :Erm:

on my wifes visa app, i put our little gal as a dependant, and sent both passports at the same time and both had a visa placed in them.

but we didnt send my stepsons passport becuase he did have a proper birth cert or a passport when my wife appiled, i applied for that later and had to pay again :bigcry:

[joebloggs]

MANC = Manchesters A Narcotic Capital :D

scouser named after a meat and veg dish - well liverpud land is full of vegatables and meat heads :icon_lol: :icon_lol: :icon_lol:

:xxgrinning--00xx3:

[tiger@tigress]

child under 18 can go on your visa app, did you not put your child on your visa app as a dependant and send your childs passport with yours? i think you should have, as if you haven't then you will have to pay, becuase how is your child going to get a visa in thier passport :Erm:
on my wifes visa app, i put our little gal as a dependant, and sent both passports at the same time and both had a visa placed in them.
but we didnt send my stepsons passport becuase he did have a proper birth cert or a passport when my wife appiled, i applied for that later and had to pay again :bigcry:

Yes we did and my daughter got her visa and we did paid separate for her visa and i got worried about the extenstion if she will be paid 700£ like mine its so, very expensive.... but lady J says no need cuz she is below 18:Hellooo: :Hellooo:

[joebloggs]

you should not have paid for the child.. no you dont have to pay if your child is under 18 , but the child must apply at the same time as you on your app, and you must send the childs passport with yours or you will have to pay..

:xxgrinning--00xx3:

[joebloggs]

well after a week of trying to find out what to do about my stepsnos visa, and trying to find out which form to use. ive finally got somewhere, ive phoned ind oh must be 8 times (most of time you get same answer, but not always which is :omg: ) phoned 3 law centres, 1 gave me the wrong advice, while the other was right, and the 3rd well the immigration guy was never there, the biggest :laugher: is for The Immigration Advisory Service (IAS) who are the UK’s largest charity providing representation and advice in immigration and asylum law. they have offices in each major city, i phoned up about 5 of these offices, and told to phone another number or there is no answer or told to phone back later, after about 20 calls to them i gave up, and i even emailed 2 offices and got no reply, they are worse than IND if thats possible :NoNo:

the best place i found for advice was JCWI, the joint council for the welfare of immigrants, :xxgrinning--00xx3: :Hellooo: the guy explained everything, and basically told me, my stepson has the same rights as my wife to ILR, as he is still dependant on her, and it don't matter if hes 18 now. and thinks there will be no problem getting ILR for him.

so i'll be applying for ILR for my wife and stepson tomoz, and i should know in about a month :xxgrinning--00xx3:

[LadyJ]

Goodluck to your application!

[joebloggs]

thanks but iam hoping i dont need luck :xxgrinning--00xx3:

if its as simple as what 2 people told me, he can stay :D

just not sure how to word the support letter :Erm: :Erm: :Erm: :Erm: :Erm:

[KeithD]

Joe, can you put a seperate thread together for all that, and I'll make it a 'sticky' for others to easily find. Include the link/details for JCWI (I'll give you some Rep :) )