dependent status

[enpv]

Hi,

Would be grateful if someone could advise on what happens to a dependent status of child who turns 18 (and still at school) while on a Limited Leave To Remain issued on a basis of being a dependent to a work permit holder. If an 18 year old ceases to be a dependent what are the options to continue his/her legal presence in UK?

Many thanks,


enpv

[Kayalami]

enpv,

According to the immigration rules a dependent child is one who is under 18 and unmarried. The age factor would not be an issue until the child's leave expires at a time when he/she is 18 year or older. An application for further leave to remain in this case e.g. as a dependent on your WP extension would be considered as a concession outside the rules.

My understanding and certainly one case I know of is that the HO would consider such especially if you came to the UK together and the child was under 18. They are less likely to consider an application outside the rules for a child 18 years or over who is joining you for the 1st time unless on the most compassionate of grounds. You may be fortunate enough for the child in question to be awarded ILR in line with your ILR application whenever this may be. The child remaining in full time study until such a time is an added bonus in the dependency factor.

[enpv]

Kayalami,

Many thanks for your reply. In my case the child came to UK with myself three and half years ago when I started working here on a work permit. My question is that when the child turns 18 before we can apply for ILR what should be done to continue his/her legal status here in UK? Can we just wait and apply for his/her ILR as a family member or will that be a problem as the child ceased to be considered a dependant and needed a separate visa/extension of stay?

Many thanks,

enpv

[Kayalami]

enpv,

My question is that when the child turns 18 before we can apply for ILR what should be done to continue his/her legal status here in UK?

He/she will continue to be legal in the UK to the validity of his/her dependent visa. There is no need to apply for a new visa when he/she reaches 18 unless his/her visa also happens to expire then which does not seem to be the case.

Can we just wait and apply for his/her ILR as a family member or will that be a problem as the child ceased to be considered a dependant and needed a separate visa/extension of stay?

I would suggest not applying for any leave unless it expires before his/her current leave and waiting until your ILR application then include him/her as a dependent. The Home Office will consider his/her case on a concessionary basis - you should submit documentation showing the dependency factor i.e. evidence of child residing with you, attending school etc. Don't panic the HO is likely to grant all of you ILR.

[enpv]

Kayalami,

many thanks for your explanations and advice, really appreciate it.

Kind regards,

enpv

[Kayalami]

glad to help and thank you for saying thanks

[hasanohh]

Hi,

Would be grateful if someone could advise on what happens to a dependent status of child who turns 18 (and still at school) while on a Limited Leave To Remain issued on a basis of being a dependent to a work permit holder. If an 18 year old ceases to be a dependent what are the options to continue his/her legal presence in UK?

Many thanks,

Hi,

My case is very similar to yours. As far as I understand from the HO we could not include the dependants over 18th in the same SET(O) form.
Instead we need to complete separate SET(0) form for child over 18th.
They also advised to prepare cover letter explaining the case and attached evidences showing school and housing. They also explained that it will be separate payment for second application. I am planning to apply in person on April 4th. If you find anything related to our cases please let me know.

Good luck,
HH

[enpv]

In my case I applied for ILR two weeks before my daughter turned 18 and we had no problem with joint application for the whole family.

Good luck,

enpv