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ILR for Skilled Worker dependant over 18 years old

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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scaramanga2333
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ILR for Skilled Worker dependant over 18 years old

Post by scaramanga2333 » Tue Jan 02, 2024 12:15 pm

Happy New Year!

I will apply for ILR next month for me and my family (Me + Wife + 2 children, 19 and 14 years old)

We all arrived in the UK in March 2019 under a Skilled Worker visa (wife and children as dependants to my visa), and have been leaving in the UK under this visa since.

Initially our visas were granted in February 2019 for 3 years duration and were renewed in February 2022 for further 3 years.

My question is about my daughter's situation. She was 14 years old when she arrived in the UK and her first skilled worker dependant visa was granted and she was 17 years old when her visa were renewed.

She does not have an independent life (no children, not married, no personal income) and always lived with us.

She is now 19 years old. Can I add my daughter to the ILR application for my family?

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zimba
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Re: ILR for Skilled Worker dependant over 18 years old

Post by zimba » Tue Jan 02, 2024 12:58 pm

She should apply on her own using a separate SET(O) form. She needs to pass LIUK and prove her level of English at B1. She also needs to demonstrate that she is not leading an independent life
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

scaramanga2333
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Re: ILR for Skilled Worker dependant over 18 years old

Post by scaramanga2333 » Tue Jan 02, 2024 1:42 pm

I had the same understanding but the gov.uk says:

Children 18 and over
You can only include older children in your application if they both:

. were under 18 when they first got permission to be in the UK as your dependant
. still do not live an independent life - for example, they have not got married or had children

They also need to:
pass the Life in the UK Test
meet the English language requirements

++++

She already took both Life in the UK and English Language tests and both items above apply to her situation

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zimba
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Re: ILR for Skilled Worker dependant over 18 years old

Post by zimba » Tue Jan 02, 2024 2:15 pm

Older guidance notes used to say this should not happen: https://assets.publishing.service.gov.u ... _04-14.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

scaramanga2333
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Joined: Tue Jan 02, 2024 11:58 am
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Re: ILR for Skilled Worker dependant over 18 years old

Post by scaramanga2333 » Tue Jan 02, 2024 3:07 pm

Thank you for your assistance

I will add her to my application and come back here to post the outcome

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