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HSMP - FLR and child over 18

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

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gcs001
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Joined: Mon Jul 21, 2008 3:46 pm

HSMP - FLR and child over 18

Post by gcs001 » Thu Jul 24, 2008 1:40 am

Hi,
I am currently in the UK on a HSMP visa valid until December 2009.
My wife and children are still in South Africa, but I want to start the process of moving them over here as well.

The dilemma:
My 1 child is currently 17 years old and turns 18 next year before my visa expires. If I apply for him as a dependant before he turns 18 it should be granted without a problem ... but what happens when I apply for FLR when my visa expires - he will then be over 18 - will he also be granted FLR? And possibly ILR when I eventually apply for that too?

I was reading some of the immigration law stuff on http://www.ukba.homeoffice.gov.uk/polic ... les/part8/
and came across this under the section “Children of Tier 1 Migrantsâ€

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Jul 25, 2008 12:59 am

It's essential that he initially applies for a HSMP dependant visa before he's 18.
Children wrote:In order to be given entry clearance or permission to stay, a child must meet the conditions set out in the immigration rules at paragraph 319H of part 8,
For settlement, 319J applies, including
319J wrote:(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

gcs001
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Posts: 2
Joined: Mon Jul 21, 2008 3:46 pm

Post by gcs001 » Fri Jul 25, 2008 1:51 pm

Thanks.
So it all sounds very do-able then.
Will ensure I get the visas for them before he turns 18.

Another question: Do they only have up to 6 months to enter the UK after the visa has been issued?

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