darkstone1975

Quickly like to say thanks to all those that helped in the past.
Happily living in the UK with entire family.
But it is coming close to that time where I need to apply for ILR for some family members.

The wife's situation is fine as she will just convert her ancestry visa to ILR.
The step daughter has got me confused. she is now 21 on ancestry dependent visa, and yes still living with us and works part time 16+ hours a week
-- Some places are saying that she can apply on the same application form as my wife's even though she is 18+ as she is still semi dependent on us.
-- Most though say she has to apply in her own right
looking at the SET O form there is no option to select her visa ( only straight up ancestry) that she would be converting from to ILR unless I select other option.
Is this even the correct form for her at this point.
Is anyone able to advise on how she should be applying?

On a side note and probably very important one for which I rather not going in to the full details, she got married to an American earlier in the yr who currently lives in US,
she still uses her own family name on all documentation.
would this need to be disclosed on her application for ILR and ultimately affect her approval for ILR?

BritInParis

If your step daughter is married then she can no longer be considered your wife’s dependant. She’ll either need to apply for a visa she qualifies for in her own right or leave the UK once her current visa expires.

darkstone1975

Thanks that clears that up then and understandable.

Any Ideas as to which form she would need to fill out as part of the ILR as this bit is unclear,
as she would have met the 5yr rule to convert with her current visa assuming it is still valid.

As the SET O form only allows ancestry option(one the predefined reason to convert to ILR from), which requires documentation to prove ancestry, this is not applicable to her, unless I'm mistaken,
she got her right to stay from her mother as am Ancestry dependent,
So assume she picks "OTHER" and explain her reason for being granted ILR ?

Or will this need to be a call to immigration for her to clarify the form she needs?
Hate her to mess things up again considering the current circumstances she has got her self into.

BritInParis

To be clear, your step daughter cannot apply for ILR on the visa she holds as a married woman. She’ll need to apply for another visa and restart her journey to ILR or leave the UK once her current visa expires.

darkstone1975

Oh.. that's really bad news.
Kids why do they not listen..

Thank you for getting back to me.

SanDiegogirl

As she is married to a US citizen she now has the opportunity to emigrate to the US - maybe an option she would like to consider?

darkstone1975

Oh its something she was considering, not an option this time, and processing times means it could be 6months as a bare min, and due to his circumstances more like a year
she got only till next feb on her current visa.
The other thing is that if life changes for her etc, and she decided she wanted to return 'home' for a while this will no longer be possible. all her immediate family will be uk.
I can't see a visa that she could even apply for now, what a mess.
and to think she thought it would make life easier by getting married while on hols to him last time around.

christmasoompa

She can return 'home' to visit, just not to live - unless she qualifies for a visa in her own right? If not, I'd suggest she gets an application in for a US marriage based visa asap, as you say it's a year or more processing time going on current timelines, but at least then she'd have that option underway.

Perhaps one of the forum pros can advise on what she can do in the interim between Feb and getting her 'green card' for the US - it may be that the only option is for her to return to her home country, or possibly there is a way of being in the UK as a visitor between the two.

BritInParis

South African citizens require a visa to even visit the UK so she has made it very difficult for herself. Best thing to do would be to concentrate on emigrating to the US as soon as possible.

SanDiegogirl

From your earlier posts it appears she still has grandparents in South Africa, so she would not be completely without family if she returns to SA while waiting for her immigration to the US.

She married in the US?

darkstone1975

Thanks for info guys,
The US visa is a little more complicated than simply just applying and is fraught with issues which would not be right for me to discuss.
Yes she could go back to Australia, but grandparents that don't have a room for her. etc etc and hasn't really seen, and there is quality of life issues.

There is been a few options given to us by Home Office after having a chat for quite some time, its lot easier to clear up some things that change how the situation is viewed.
appears that is a possibility under her current visa, if not she would shouldbe able to extend her stay via flm(fp) route,
it will be all down to how we present our case.
But was advised to seek some legal advice before submitting to make sure we submit everything correctly.

Thanks again all

BritInParis

Ignore the first sentence - I thought she was a South African citizen for some reason. Australians do not require a visa to visit the UK.