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Posted

Hi

Just after some advice really, my wife and her daughter came here on 16/11/10 that is the entry date on their passport for the UK visa.

I know that not before 28 days before 16/11/12 we need to apply for ILR, now the problem is on 07/11/12 my stepdaughter will become 18 and after that date would need to apply in her own right using form F.

My question is that if we were to apply and sign form say on the 05/11/12 which is not more than 28 days before the 2 year anniversary at this time she would be still 17.

If after 7/11/12 (her birthday) then we would have to use form F for sure and the price differences are huge!

Any advice would be great, I know its early but better to be prepared!

Steve

Posted

Another point to consider is that if she is 18 or over when applying, she will need to satisfy the knowledge of life and language in the UK (KOL) requirement, the same as her mother.

I think that it is her age when the application is submitted that counts, so if she is 17 when you do so it should be ok to include her as a dependent child on her mother's application and she wont need KOL.

Hopefully someone more knowledgeable than I will be able to confirm if this is so.

However, it is at least 15 months before they can apply, things may change so you should check again closer to the time.

  • 8 months later...
Posted

Still trying to find a answer but not sure, in the mean time he stepdaughter is doing ESOL course as well to be safe.

ESOL no longer means she does not have to pass the Life in UK test. All those side swerves of the test went out of the window a year or two back as part of the financial crackdown.

I would seriously check out your position or rather her position as I feel she may well have to take the test if forced to apply as an adult.

Posted

Also when ILR is given what is it? Like a sticker on passport page like before does it ever expiry/need renewing?

From the 29th February this year it is in the shape of a biometric residence permit - a credit card size item with holders photo etc. on it. Lasts for 10 years and I'd imagine most holders would have applied, and assuming they can meet the criteria, been given citizenship before it gets anywhere near expiring.

Hope that helps.

Posted

Still trying to find a answer but not sure, in the mean time he stepdaughter is doing ESOL course as well to be safe.

ESOL no longer means she does not have to pass the Life in UK test.
The above applies ONLY to those applying for settlement as skilled and highly skilled migrants!

In the family settlement catergories, if one has advanced at least one level on an approved ESOL with citizenship course, sometimes called skills for life, then one does not also need to do the LitUK test. See Demonstrating your knowledge of language and life in the UK

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