Appendix Children caseworker guidance wrote:Independent life requirement
This section tells you about the independent life requirement for dependent children.
The independent life requirement applies to all dependent children regardless of their age.
‘Must not be leading an independent life’ means that the applicant meets both of the following requirements:
does not have a partner
is living with their parent (except where they are at boarding school, college or university as part of their full-time education)
‘Does not have a partner’ means that the applicant must not be married, in a civil partnership or in a relationship similar to marriage which has lasted for 2 years or more at the date of application. See also the guidance on Relationship with a partner.
The age that a person can marry or enter into a civil partnership varies from country to country. You should check partner status on the application form which you can access on the case work system.
You should also check the application form to see if the applicant is living at the same address as their parent or parents. If the applicant is not living with their parent or parents due to attending boarding school, college or university, you will need to be satisfied that the child normally lives with their parent. If the applicant is living at a different address to their parent or parents, you must be satisfied that this is due to study elsewhere. If the applicant is studying, the name of the school, colleague or university will be on the application form alongside the duration of the studies.
It is a common occurrence for students to live in university or shared accommodation while they study. Living in shared accommodation with a boyfriend or girlfriend where you are satisfied that the applicant is studying would not mean they are living an independent life, provided there are not indications that the relationship is one similar to marriage and has subsisted for 2 years or more, such as evidence of shared finances (for example, shared bank statements).
If a child is applying from overseas to join their parent(s) or a relative in the UK, this does not necessarily mean that they cannot meet the ‘must not be leading an independent life’ requirement. Where they are living with a relative other than a parent who may act as their sponsor or carer, they can meet the Independent Life requirement regarding accommodation.
