Home student rule for child dependent on ILR parent

hi,
My husband came on ICT visa in 2016 along with me and my kid(now age is 16). In 2019, I got converted into T2 general visa through my employer. But my son continued to be dependent on my husband.
I will Be eligible for ILR in May 2024. My son has just finished his GCSE, started AS level in Sept 2023. For next year university applications, will he be eligible for home student status?

I have an option to convert my son my dependent in next 3 months before my ILR, is that going to be more favourable for my son to get counted as home student by universities?

Will appreciate your thoughts on this

Regards, Varsha

I will Be eligible for ILR in May 2024. My son has just finished his GCSE, started AS level in Sept 2023. For next year university applications, will he be eligible for home student status?

No, he will not.

I have an option to convert my son my dependent in next 3 months before my ILR, is that going to be more favourable for my son to get counted as home student by universities?

No, it does not. Your son needs ILR to be considered a home student as far as I understand.

https://commonslibrary.parliament.uk/el ... n-england/

Your son may qualify for Home Student status if he is either
(a) Under the age of 18 AND had lived in the UK for at least seven continuous years immediately preceding the first day of the first year of the academic course,
OR
(b) 18 or over AND have lived in the UK for at least half his life.

See link for further information.

thanks Simon for the response. My son will turn 18 in Oct 2024, he came to UK in Sept2016 when he was 10(just turned 11 in a months time), will that count as half his life(from year 5 to year 13 of schooling)? not sure how strict they are with exact month wise calculations?

Do universities check for British passport or can Indian passport with ILR dependent work for my son

Regards, Varsha

I'm not an expert for finance conditions, so others may correct me on it, but from what I can see, to be considered as a home student, your son needs ILR (which I don't think he can get - children born outside UK settle when both parents settle, and since he's dependent on your husband, I don't know when he can get ILR if he isn't you're dependent, 2026?) OR satisfy the conditions secret.simon laid above.
Why isn't your husband your dependant?

As your son arrived into UK when he was 10, he would not meet half life test by simple calculation (half of 18 is 9, but it's 8 years from 10 to 18).

It doesn't matter if he's a dependent on an ILR holder in this case - all that matters is that he's still a dependent, ie not an ILR holder, so he isn't considered for home student fees on this basis.

UPD: secret.simon provided a valid point about age and requirements - as your son will be 17 at the first day of his course if he starts in 2024, since first day of the course is defined as September first, he may possibly satisfy 7 years' condition for under 18? Something to look into.

The conditions need to be met on the first day of the first year of the academic course.

Is your son due to start the academic course in September 2024? In that case, he needs to meet the under-18 requirements, as on that date, he will be under 18.

Universities accept all passports, as they deal with overseas students all the time.

EDIT: I agree with meself2 above that your son won't meet the half-life requirement.