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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Dear Solicitor,I am currently holding the Minister of Religion

Resolved Question:

Dear Solicitor,

I am currently holding the Minister of Religion visa in Point Base System in the past 4.5 years. As my visa is expiring in early February, and I and my family hope to apply for Indefinite Leave to Remain. I have one son studying in Texas, USA and he is 21, a daughter who is 19 and is living with us. My daughter just completed A-level and is taking a gap year in the hope that she could be converted to home student status as soon as we obtain the residency next February. Both of them and my wife have dependent visa which is based on my Minister of Religion visa.

As I am preparing for the application for ILR, I have the following questions and hope you can help me to get some clarification:
1. What are the forms should I use for myself, my wife, my son who is living in USA, and my daughter? Should I use SET(O) for myself and my wife, SET(F) for my daughter, and VAF4A, VAF4A - Appendix 1 & 2 for my son?
2. How much are the application fees for myself plus 3 dependents? There are different figures on different forms and it is quite confusing.
3. What is the maintenance fund requirement in our situation?
4. What is the income requirement for ILR if there is one?
5. How do ILR application consider continous residence requirement? My family and I had travelled outside of UK slightly over 180 days. However, there is probably over 1 month in total was for my business travel. What is required from my employer to show the portion of travel are business related?
6. Would it be easier tor my son to apply along with our application for ILR or wait until my wife and I get the ILR? However, if my son wait until we got our ILR. He will loss his dependent visa status. Would it make it more difficult than applying from oversea now?
7. Would it be easier to ask my son to come to UK to apply for settlement instead but then he might have to suspend his last year of University to wait for the result?!
7. Anything in particular that I need to pay special attention to in my application, my spouse, my daugther, and my son overseas?
I do apologise for this multipart question but would really appreciate any help you could render!
Many Thanks.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  INC replied 1 year ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, is your son financially dependant upon you?

INC :

Hi, has your son ever had a visa to be in the UK?

Customer:

Yes, my son is financially dependent on me. My son has the same dependent visa that my wife has.

Customer:

I am sorry your reply went into my spam box. I've just got to see your reply.

INC :

Is this the same son that is in Texas?

Customer:

Yes. He has been studying in US and visited us may be once or twice a year for a few weeks each.

INC :

Hi, if this is the case, your son will most definitely have a problem applying with you. Your son is 21 and deemed to be an Adult. Therefore, if he wishes to come to the UK, he will need to do so under a different category.

INC :

With regard to your questions, I can offer the following responses:

INC :

1. You need to use Form SET O for yourself & your wife.

INC :

I will get on to your daughter later...

INC :

The application fee for SET O is £1487 for you and your wife.

INC :

There is no maintenance requirement as such, however, you do need to prove that you have been maintaining and accommodating yourselves without recourse to public funds

INC :

4. There is no income requirement

INC :

5. Absences from the UK which are related to your work, i.e as a Minister of Religion are not counted.

INC :

The following link provides details on how to calculate your absences from the UK: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-continuous.pdf?view=Binary

INC :

6. Your son will have to apply as an Adult Dependant Relative but only if he meets the requirements which are very strict.

INC :

With regards XXXXX XXXXX son and daughter, they are both over 18 and therefore deemed to be adults. If they wish to settle in the UK, they will have to apply as individuals and their applications will be considered as such.

INC :

Your children are no longer deemed to be your dependants and only you and your wife will be able to apply for settlement.

INC :

Only in the most exceptional circumstances will they consider a case for an adult dependant child and only if the child requires assistance with day to day care.

INC :

At this stage, I would suggest that you apply for you and your wife. Once you have your ILR you can decide what application the children can make.

INC :
INC :

Ifyou wish to discuss, please feel free to ask further questions.

INC :

Many thanks,

Customer:

Thank you for your suggestions and answers. I understand my son will be a hard case. However, I am more concerned about my daughter situation. I am sure you are keenly aware paragrah 297 and 298 in the Immigration Law section. Since both my daughter and my son currently already have Leave to Remain status. It seems the only thing that hinder their application is their age because I am sure I can meet all the rest of the requirements. Therefore, my question is

Customer:

  1. Sorry, I pressed the enter button accidentally.

Customer:

My question is: would it be possible for my wife and I to apply the ILR status at the beginning of the 28 days qualifying period before the expiration date and turn around to submit my daughter's application as soon as I have obtained the ILR status right before our current Leave to Remain status expired. Would paragraph 298 apply to this situation since this paragraph sounds like a dependent relative of a settled person can apply even though s/he is over age 18. It seems to me the new law is more concern about the adult dependents who are outside of UK and has no current Leave to Remain status. I would appreciate if you could clarify these confusions I have. Also, section R-ILRDR also seems to apply to my daugther situation as an adult dependent. Many thanks for your help.

Customer:

I would appreciate to know if there is any other course of action I could take to get my daughter's application in together with me in the ILR application since it will be a hardship for my daughter to handle this application by herself...many thanks.

INC :

Hi, yes you will be able to do this, if you so wish, but your daughter must meet the requirements of the rules in force at the time she makes the application.

INC :

You could attempt to submit your daughters application on discretionary grounds also.

INC :






If you wish to discuss, please feel free to ask further questions.







Many thanks,



Customer:

I am sorry, I think I must have missed something from your last reply. In your opinion, do you think paragraph 298 and/or R-ILRDR actually apply to my daughter situation? Also, could you please help me understand what does discretionary grounds in relation to my daughter's application?

INC :

Hi, paragraph 298 does not apply to your daughter as she is over 18.

INC :

The R-ILRDR would apply.

INC :






If you wish to discuss, please feel free to ask further questions.






Many thanks,




INC :


I hope this answers your question. If so, kindly click ACCEPT. Your question will not close and I will be happy to answer any follow up questions.





Many thanks,




Customer:

Thanks. How do I submit my daughter's application in discretionary grounds? Do I add her into my SET(O) form, or does she needs to apply using SET(O) form or SET(F) form? What kind of risk I am taking if I do so?

INC, Solicitor-Advocate
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks. How do I submit my daughter's application in discretionary grounds? Do I add her into my SET(O) form, or does she needs to apply using SET(O) form or SET(F) form? What kind of risk I am taking if I do so?


 


Expert:  INC replied 1 year ago.
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