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Dependant child over18

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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PARRAIN
Newly Registered
Posts: 19
Joined: Tue Apr 06, 2004 1:33 pm
Location: Port Louis ,Mauritius

Dependant child over18

Post by PARRAIN » Fri May 28, 2004 6:00 pm

Hello
Have one child who is over 18 and is currently studying in the Uk.
He has always been dependant upon me since turming 18 as he has always been studying.
Just receive HSMP approval and will be going to UK soon.
Presently he is on a student visa.
I am enquiring what will be his status once I and other dependants (wife and other 3 under 18 children) will be in the UK
After the initial period of 12 months,on my application for further leave to
remain,can i apply for the over 18 child as a dependant with the other 3 children .
Now that I will be applying for entry Clearance, should I declare my over 18 son as a dependant or just exclude him completely
THe comments of the moderators are most welcomed
parrain

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Sat May 29, 2004 1:16 am

The immigration rules class a dependent child as one under 18 and unmarried. A child over 18 or those under 18 and married can be considered as dependents on a concessioanry basis and only then usually under the most compassionate of circumstances.

I am aware that the HO usually accept on a discretionary basis the inclusion of a child over 18 in applications for a variation of leave to remain in the UK (extending a visa or applying for a new one be it limited or indefinite) where the child entered the UK with the parents before he/she was 18 but has turned 18 during the validity of the initial leave. IMHO as your child came to the UK independent off you (not financially but visa wise) then IMHO it is unlikely for the HO to accept his/her inclusion in any application you make be it initial EC or HSMP renewal after 12 months. However there is no harm in including his/her details and asking for discretion at the HSMP renewal stage - I would recommend you get a lawyer to help on this one though.

PARRAIN
Newly Registered
Posts: 19
Joined: Tue Apr 06, 2004 1:33 pm
Location: Port Louis ,Mauritius

Post by PARRAIN » Sat May 29, 2004 6:29 pm

Kalayami
Thank you I will contact my lawyer on this matter.
I am thinking of keeping the wait until obtention of ILR.Once I am fully settled , I will apply for his stay to become dependant upon me.May be we will have better grounds to do so

parrain

ispno1
Junior Member
Posts: 55
Joined: Thu May 06, 2004 10:50 am

Post by ispno1 » Sun May 30, 2004 7:59 am

Hi Parrian

Congratulations on your succesful HSMP application. Please can u give out the details as to when did u send ur application and when did u get ur approval?

Also what documents did u send?

Thanks

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