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Thread: ILR for stepson

  1. #1
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    Hello, My wife was issued with a 2 yr spouse visa dated 13 march 2005 to 13th march 2007, but she didnt enter the UK til 10th may 2005. we left her son with her aunt, because he was in his final year at school, then the plan was he would goto college and uni. but his aunt had to go back to her family home, so i got him a visa in nov 2006 as a family member, it was stamped with ' visa to join mother/cyr', he entered the uk on 6th dec 2006, as my wife entered the uk late, i applied for FLR in jan 2007 for my wife and her son was put down as a dependant. he turned 18 in mid feb, and flr was granted end of feb for them both til 10th of may. now iam applying for ILR for my wife, and my stepson, iam wondering if there will be any problems as my stepson is now 18 ? has anyone else been in this situation before ? and anyone got any advice ?

    thanks to you all.

  2. #2
    Member สมาชิก
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    Hello, My wife was issued with a 2 yr spouse visa dated 13 march 2005 to 13th march 2007, but she didnt enter the UK til 10th may 2005. we left her son with her aunt, because he was in his final year at school, then the plan was he would goto college and uni. but his aunt had to go back to her family home, so i got him a visa in nov 2006 as a family member, it was stamped with ' visa to join mother/cyr', he entered the uk on 6th dec 2006, as my wife entered the uk late, i applied for FLR in jan 2007 for my wife and her son was put down as a dependant. he turned 18 in mid feb, and flr was granted end of feb for them both til 10th of may. now iam applying for ILR for my wife, and my stepson, iam wondering if there will be any problems as my stepson is now 18 ? has anyone else been in this situation before ? and anyone got any advice ?

    thanks to you all.

  3. #3
    Moderator John's Avatar
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    Joe777, there is some good news .... and some bad news! Let's get the bad news out of the way first. Because he is now 18 it is not possible for him to be added to his mother's SET(M) form. Instead a separate form will need to be completed by him (or for him, with him signing it) .... and the bad news is that each of the two forms generates its own application fee .... so now 2 x £750 = £1500 if by post, or 2 x £950 = £1700 if in person at a PEO (in which case both mother and son need to go in person to the PEO). The son will need to submit a form SET(O) ... and that needs to be submitted at the same time as the mother's form SET(M).

    So having got the bad news out of the way ... so expensive ... ouch .... the good news is that ILR can be applied for by the son .... assuming he is still a dependent. That is, if he is still in education and is not in employment then submit evidence of that and you should not encounter a problem.

    However if the son is no longer a dependent, and is now in full-time work, ignore all of the above, and give details about what he is actually doing now.
    John

  4. #4
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    thanks for the reply john,
    as hes only been here since dec, hes actually looking after our 5 month old son, as i work full time ,and my wife works for the nhs part time 5 hrs aday and college courses dont start til sept.
    i thought about enrolling him in a learn direct course so i can put on his letter of support his studying (at least from home and its a online course), and also mention that he wants to go full time at college here in september, do you think i need to mention this? or it dont matter?.

    yes hes 100% depend on us, do you know if the visa application is stragiht forward ? in the sense that hes already here as a dependant of my wife who is seeking settlement(ILR). even thou hes 18 now, what iam saying do you think i should supply a letter from his aunt saying that she cannot support him, as his uncle cannot, as ive read its very difficult to get ILR for someone who is 18 or over. and the only way is exceptional circumstances but does this exceptional circumstance apply to him for him to stay here, or becuase hes a dependant of his mother whos applying for ILR that dont apply to him, i hope you see what i mean?

    yes i know about the £750 * 2 !!!!, bad thing is i can apply for ILR in a couple of days, that makes it even worse.. hehehe . so close but just too far, i didnt want to take the risk of applying for ILR and getting refused becuase my wife entered the uk 7wks after the visa was issued.

    do you think i should enroll him on a learn direct course, to say hes studying or is not worth it? and do you think hes got a good chance of getting ILR in your opinon ?

    thanks again john.

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