SET F: ILR Application For a Child

If you are applying for UK settlement either on behalf a child or if you are under 18, you would need to complete form SET F and submit the required supporting documentation.

Individuals granted settlement, or ‘indefinite leave to remain’ (ILR), have no time restrictions on their stay in the UK, and no restrictions on their rights to employment or study. They also have access to healthcare and education, and are potentially eligible to apply for British citizenship.

 

What is SET F?

 

The SET F application form is for children under 18 who are applying for indefinite leave to remain (ILR) in the UK as dependants of parents who are either British citizens or have settled status. The form allows eligible children to secure the right to live in the UK permanently, aligning their residency status with that of their settled parent.

The SET F application requires applicants to provide detailed information about their identity, family relationship, and residence in the UK, including evidence such as birth certificates or adoption papers to confirm the child’s relationship to the settled parent.

 

Who is SET F for?

 

The following categories of people can use form SET (F) to make an application for settlement in the UK:

 

• Children under 18 of a parent(s) or relatives who are living in and settled in the UK, or being admitted for settlement at the same time;
• Adopted children under the age of 18 of a parent(s) living in and settled in the UK; and
• Children over the age of 18 who were last granted leave under paragraph 302 of the Immigration Rules.

 

The child must live in the UK in order to be eligible to make the application.

Please note that adult dependant relatives needing long-term care should now apply for a Family Visa, and not on Form SET F, with the fee for this conditional upon whether the applicant is applying from inside or outside the UK.

If you are in the care of social services you apply via a different form, SET O.

 

SET F: ILR Eligibility Criteria

 

The eligibility criteria for applicants for UK indefinite leave to remain are listed below, as per category of applicant.

 

Child under age of 18 of a parent or parents present and settled in the UK, or being admitted for settlement at the same time

 

To be eligible for ILR, one of the following must apply:

 

• both parents are present and settled in the UK;
• one parent is present and settled in the UK but the other one is deceased;
• one parent is present and settled in the UK and the other one is being admitted for settlement at the same time;
• one parent is present and settled in the UK or is being admitted for settlement and has sole responsibility for and custody over the child; or
• one parent or relative is present or settled here and “there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care”

 

Under the Immigration Rules, a ‘parent’ can also mean a step-parent where the biological parent has died.

The child must not have one or more unspent convictions and must be adequately provided for in terms of accommodation and maintenance by the sponsoring parent or relative, without them needing to have recourse to public funds.

The child must also be unmarried, not in a civil partnership and not leading an independent life.

Finally, if you live with one parent who became a British citizen after settling in the UK, you must have been their dependant when they were granted settlement.

 

Adopted child under age of 18 of a parent(s) living and settled in the UK

 

There are three sub-categories within the criteria for adopted children wishing to settle in the UK.

 

1. Bringing an adopted child to the UK

In order to qualify in this category, the following must apply:

 

• the child was adopted while both parents lived together abroad or one of them was settled in the UK
• the child has the same rights as the parent(s)’ other children
• the child was adopted because the child’s biological parents could not care for them and
• there has been a genuine transfer of parental responsibility;
• the child has broken all ties with their original family; and
• the child was not adopted for the sole reason of entering the UK.

 

2. Bringing a child adopted in a designated country

 

In this category, both adoptive parents must be settled in the UK, or both adoptive parents have permission to settle in the UK permanently and they are both entering the UK with the child, or one of the adoptive parents has permission to settle in the UK permanently and is bring the child to the UK and the other parent is already settled in the UK.

 

3. Inter-country adoption

 

In order to qualify in this country, the following criteria must be satisfied: the Hague Convention applies, i.e. the child is coming to the UK under the Convention on inter-country adoption; the parent or parents are both habitually resident in the UK and able to look after the child financially without recourse to public funds; and the parents have been entrusted with the child by the authorities of the country from which they are coming.

 

Child over age of 18 last granted leave under paragraph 302 of the Immigration Rules

 

If you wish to apply as someone who is 18 or over, you can only do so in this category if the last time you were given permission to stay it was as the dependant (child under the age of 18) of a parent or relative who is now a British citizen or settled (has ILR) in the UK.

In other words, when you were last granted limited leave to remain as a child it was with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the UK with a view to settlement.

Your parent must have had permission to be in the UK as:

 

• the partner of a British citizen, someone who was settled in the UK, or had asylum or humanitarian protection; or
• the parent of a British or settled child; or
• someone who was given asylum or humanitarian protection.

 

Your relative must have been someone who was given asylum or humanitarian protection.

You may also need to take the Life in the UK test and / or an English language test.

 

ILR Application Process

 

You must apply online on the current version of form SET (F) from the gov.uk website.

The SET F form is structured to gather all necessary information to assess an applicant’s eligibility for indefinite leave to remain (ILR) as a dependent. Key information includes:

 

• Personal Information: This section requires basic personal details, including full name, date of birth, nationality, and contact information. Ensure all details match official documents, like passports or birth certificates.
• Relationship to Settled Person: Here, applicants need to provide details about their relationship to the settled person (e.g., parent, guardian). This part requires supporting documentation, such as birth certificates, adoption papers, or guardianship orders. Make sure all information is accurate and aligns with the relationship evidence submitted.
• Residency and Address History: This section asks for details of your address history in the UK. Double-check dates and addresses, as discrepancies can delay processing.
• Financial Information (if required): Some applicants may need to show evidence of financial dependency. This could include financial support documents like bank statements, guardianship financial records, or proof of dependency. Ensure all information provided is up-to-date and accurate.
• Additional Information and Declaration: In the final sections, applicants are asked to provide any other relevant details and confirm the accuracy of the application through a declaration. This is also the stage to review all information and ensure the form is complete.

 

Supporting documents will also be needed to evidence eligibility. While the specific documents will vary, depending on the individual applicant’s circumstances, in the general the following will be required:

 

Document Type	Purpose	Description
Passport or Travel Document	Identity Verification	A valid passport or travel document for the child applicant, showing their identity and nationality.
Birth Certificate	Relationship Proof	Provides proof of the child’s relationship to the settled parent; must include parent names.
Adoption Certificate (if applicable)	Relationship Proof	For adopted children, an official adoption certificate is required to verify the relationship with the settled parent.
Parent’s Passport or Biometric Residence Permit (BRP)	Proof of Parent’s Settled Status	Shows the parent’s indefinite leave to remain (ILR) or British citizenship status.
Proof of Child’s Residency in the UK	Residence Verification	Documents like tenancy agreements, school enrolment, or medical records to confirm the child’s residence in the UK.
Consent Letter from Both Parents (if applicable)	Parental Consent	A letter showing consent from both parents if only one is settled, or evidence explaining custody arrangements.
Financial Documents (if required)	Dependency Evidence	Financial records (if requested) to show financial dependency on the settled parent.
Court Orders or Custody Documents (if applicable)	Legal Custody Proof	Relevant court orders if custody is shared or for single-parent applications to demonstrate custodial rights.

 

SET F Fee

 

At the time of writing, the fee is £2885 for an ILR application. There is an exemption from the fee if you are under the age of 18 and in the care of social services.

 

 

SET F Processing Times

 

Most ILR applications typically take 6 months to process, provided there are no delays with requests for additional information.

The UK offers priority services for ILR applications, allowing applicants to pay an additional fee to expedite the processing time. The Priority Service aims to provide a decision within five working days after the applicant’s biometrics appointment. This service costs an extra £500 on top of the standard ILR application fee.

Alternatively, the Super Priority Service provides an even faster option, promising a decision by the end of the next working day after the UKVCAS appointment. This service costs an additional £1,000. Both services are available for most ILR application types, but eligibility can vary based on the specific ILR route and the availability of slots at local UKVCAS centres.

To use either priority option, applicants choose the service during the ILR application process on the UK Visas and Immigration (UKVI) portal. The chosen priority fee is paid at the time of booking, and an in-person UKVCAS appointment is required to submit biometrics and finalise the process. Due to high demand, availability may be limited, and applicants should note that priority service fees are non-refundable, even if the decision takes longer than expected. Priority services are particularly useful for applicants needing quicker outcomes, although availability may vary, especially during peak times.

 

 

Need Assistance?

 

DavidsonMorris are UK immigration specialists. We have substantial experience helping individuals with all types of UK Home Office applications, including indefinite leave to remain. For guidance and support with an ILR application and completing SET F, contact us.

 

SET F FAQs

 

What is the SET F application used for?

The SET F application is used by dependents of settled persons in the UK, such as children of British citizens or those with indefinite leave to remain, to apply for indefinite leave to remain themselves.

 

Who is eligible to apply using the SET F form?

SET F is primarily intended for dependents of UK residents with settled status, including children and some other family members, based on the specific criteria outlined by UK Visas and Immigration.

 

What documents are required for the SET F application?

You’ll need identity documents (like a passport), proof of your relationship with the settled person (such as birth certificates or adoption papers), and potentially other documents to confirm your residence and financial status.

 

How much does the SET F application cost?

The fee for the SET F application varies and may be subject to updates, so checking the current fee on the UK government’s immigration website before applying is essential.

 

How long does it take to process the SET F application?

Processing times can vary based on demand and the specifics of your application. Generally, applicants can expect a decision within a few months, though it may be quicker or slower depending on individual circumstances.

 

What should I do if my SET F application is refused?

If your application is refused, you may be able to appeal the decision or reapply. It’s wise to seek advice from an authorised immigration advisor to understand your options.

 

 

SET F Glossary

 

Term	Definition
SET F Application	An application form used by dependents of settled persons in the UK, such as children of British citizens or those with settled status, to apply for indefinite leave to remain.
Indefinite Leave to Remain (ILR)	A type of UK immigration status allowing a person to live and work in the UK without any time limit on their stay.
Settled Status	Status granted to individuals who have the right to live in the UK permanently, usually after meeting certain residence requirements.
Dependent	An individual, often a child or family member, who relies on another person (such as a parent or partner) for support and is eligible for specific immigration benefits based on that relationship.
Supporting Documents	Required documentation submitted with the SET F application to verify eligibility, such as identity documents, proof of relationship, and financial information.
Application Fee	The cost associated with submitting the SET F form, which applicants must pay as part of the application process.
Processing Time	The time it takes for UK Visas and Immigration (UKVI) to review and decide on the SET F application.
Appeal	A formal request for a review of a decision if an application is refused, allowing applicants to argue their case for reconsideration.
Immigration Advisor	A professional authorised to provide legal advice on immigration matters, assisting applicants in completing forms or understanding the process.
Refusal	A decision by UK Visas and Immigration to reject an application, often due to missing information or failure to meet eligibility criteria.