180 days rule for dependent child above 18 years

My wife is on a Tier 2 visa in UK working with NHS.
I live with her here in UK on a spouse visa and our 3 kids also live with us on dependent visas.
We came to UK in December 2019 (2.5 years ago) and will qualify for ILR in December 2024.
One of my daughters is 19 years old but she lives with us and is fully dependent on us.
She has completed her A levels from UK and will apply for a university admission next year.
I have the following queries regarding her:

1. If my daughter does not qualify to be admitted to a UK university as a home student, we may send her abroad to study. In this case, will the 180 days in 12 months rule to qualify for ILR be applicable to her? This is also keeping in mind that my daughter although above 18 years old will still be financially dependent on us and our home in UK will continue to be her home also as she has no other place to live and no other means to fulfil her financial needs.
2. Will my daughter qualify to apply for ILR in December 2024 with us?

I would appreciate your response on my queries above.
Kind regards
Syed

raheelhashmi wrote: ↑

Fri Jun 17, 2022 5:55 pm

If my daughter does not qualify to be admitted to a UK university as a home student, we may send her abroad to study.

If your daughter has not got ILR on the first day of the first year of the course, she will almost certainly not qualify for home student status, at least in England (rules vary across the other nations of the UK).

I will leave the question about absences for the purpose of ILR for others to respond, as I do not have sufficient knowledge of the PBS Dependent route to ILR.

However, keep in mind that as your daughter is over the age of 18, she will need to naturalise in her own right as a British citizen. There is no concept of dependents when it comes to citizenship applications.

She, as an adult, will need to meet all the requirements that you and your wife would, including English language test, LITUK test and crucially for this question, absences in the five years preceding the naturalisation application and physical presence in the UK at the start of the five years period.

So, if she were to move abroad to study, there will almost certainly be a negative impact (a delay) on any future naturalisation application.

Thank you for a prompt reply. It is very helpful.

I can understand that requirement for children above 18 are similar to the main applicant and the spouse as far as Language test and LIUKT are concerned. However, I am not certain on absence rule as gov.uk website does not clearly mention this for dependent children (below / above 18).

https://www.gov.uk/indefinite-leave-to- ... ly-members

I would appreciate more replies to my question related to absences.

Kind regards

Hi,

I did some research and found this document of Home Office: Dependent family members in work
routes Version 5.0 - Published for Home Office staff on 30 May 2022

https://www.gov.uk/government/publicati ... accessible

This guidance mentions that "Dependent children are not subject to limits on absences".

This further mentions that children above 18 are also dependent children: "Child dependant aged 18 or over
Previous permission as a dependent child, A person applying as a dependent child who is aged 18 or over on the date of application must only be granted permission if:
- they are making an application for permission as a dependant of their parent or parents having last held permission as a dependant of their parent or parents
- they are not leading an independent life"

I hope I got the right regulations in this regard. Can anyone confirm?

Kind regards