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Work for child dependent

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

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wonderer7
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Work for child dependent

Post by wonderer7 » Wed Jul 13, 2022 8:17 am

Hi all,

I am on a Tier 1 Entrepreneur visa with my partner and 2 children with me in the UK on dependent visas.

I will be eligible for ILR in about a year and I had a question regarding one of my dependents:

One of my children will be aged 24 at the time of the ILR application and he will have, by that time, completed 5 years of continuous period. He is living with me and will continue living with me for the foreseeable future. He started working full time as the visa allows him to but I was wondering if this might affect his eligibility and be interpreted as leading an independent life by the home office? I could not find anything related to working that would consider him leading an independent life in the guidance, however I wanted to know if there is such a limit on working?


I appreciate your help!

Thanks

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zimba
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Re: Work for child dependent

Post by zimba » Wed Jul 13, 2022 10:18 am

First of all, children will settle when both parents settle. There is no 5-year residence requirement.
I think he should be ok
‘Must not be leading an independent life’ or ‘is not leading an independent life’ means that the applicant does not have a partner (as defined in paragraph GEN.1.2. of Appendix FM), is living with their parents (except where they are at boarding school, college or university as part of their full-time education), is not employed full-time (unless aged 18 years or over), is wholly or mainly dependent upon their parents for financial support (unless aged 18 years or over), and is wholly or mainly dependent upon their parents for emotional support. This is set out in paragraph 6 of the Immigration Rules.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

wonderer7
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Posts: 9
Joined: Wed Jun 15, 2022 10:20 am

Re: Work for child dependent

Post by wonderer7 » Wed Jul 13, 2022 3:53 pm

Hi ZImba, Thanks for the reply.

I always thought that the 5 year residency applied to the children as well but oh well I keep on learning from this very beneficial forum!

Just to make sure, his job would not affect his ILR application even if he is on a good salary? He has been living in the UK since he was 18 by the way.

Thanks again for your help!

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zimba
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Re: Work for child dependent

Post by zimba » Wed Jul 13, 2022 4:46 pm

The child can only settle when both parents settle, so that can take for example one year or 7 years, etc
As you can see above for people above the age of 18, they can be financially fairly independent
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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