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Calculating ILR period for a child who studies abroad
Posted: Thu Dec 03, 2020 8:25 pm
by Areeny2019
Hi,
I would like to have your advise regarding my daughter who was granted tier 2 dependent visa before she was 18 years old and she had her visa extended without issues for one time after she becomes 18 years .
My question is : Now she moved abroad to study a full university course for 5 years as we couldn’t afford the international students fees requested by British universities based on her situation as not settled yet . I guess she will come to visit us every now not to break the continuous 180 days absence rule however, because of her study she will definitely break the 540 days rule at the end of the 5 years before applying to ILR . Will the home office accept a formal letter from her university to exempt her from the 540 days absence rule or not ? and if for any reason she breaks the continuous 180 days rule , will they accept studying abroad as an excuse ?
Thanks
Re: Calculating ILR period for a child who studies abroad
Posted: Thu Dec 03, 2020 8:51 pm
by CULLINAN
You are mixing Long Residence rules and Tier 2 dependent rules together. There is no 540 days rule for Tier 2 dependent.
What is your daughter’s full UK immigration history?
Re: Calculating ILR period for a child who studies abroad
Posted: Thu Dec 03, 2020 9:43 pm
by Areeny2019
she came to the UK in September 2019 as tier 2 dependent and extended her visa last September for another year till September 2021. She will be eligible for ILR on August/September 2024 but as i mentioned she left the UK last month to study abroad .
Re: Calculating ILR period for a child who studies abroad
Posted: Thu Dec 03, 2020 10:19 pm
by CULLINAN
Areeny2019 wrote: ↑Thu Dec 03, 2020 9:43 pm
she came to the UK in September 2019 as tier 2 dependent and extended her visa last September for another year till September 2021. She will be eligible for ILR on August/September 2024 but as i mentioned she left the UK last month to study abroad .
She can not qualify for ILR now - if she stays outside UK for that long as she will break her continuous residence on
rolling basis.
She can not be outside UK for more than 180 days in one go OR anytime during any year for more than 180 days on rolling basis.
She will have to settle in UK on some other route in this case.
Re: Calculating ILR period for a child who studies abroad
Posted: Thu Dec 03, 2020 10:42 pm
by secret.simon
It seems that the 180 days in a year on a rolling basis only applies to partners.
The
PBS Dependents policy guidance dated September 2020 states in Paragraph 135 that "Children are not subject to the absence requirements" to qualify for settlement.
Re: Calculating ILR period for a child who studies abroad
Posted: Thu Dec 03, 2020 10:42 pm
by CULLINAN
secret.simon wrote: ↑Thu Dec 03, 2020 10:42 pm
It seems that the 180 days in a year on a rolling basis only applies to partners.
The
PBS Dependents policy guidance dated September 2020 states in Paragraph 135 that "Children are not subject to the absence requirements" to qualify for settlement.
Even if 18+?
Re: Calculating ILR period for a child who studies abroad
Posted: Thu Dec 03, 2020 10:56 pm
by CULLINAN
Also would living outside UK for 5 years counted as leading an independent life? I know living away from family home for uni is okay but does that count living outside UK also?
Family members of Relevant Points Based System Migrants and Appendix W Workers
319J and 319H-SD
https://www.gov.uk/guidance/immigration ... ly-members
Re: Calculating ILR period for a child who studies abroad
Posted: Thu Dec 03, 2020 11:36 pm
by Areeny2019
It wasn’t clearly demonstrated in :
https://www.gov.uk/guidance/immigration ... ly-members
whether it applies only to the UK universities or includes universities abroad as well and i guess the statement was meant to be generalised !
Re: Calculating ILR period for a child who studies abroad
Posted: Fri Dec 04, 2020 1:05 am
by CULLINAN
secret.simon wrote: ↑Thu Dec 03, 2020 10:42 pm
It seems that the 180 days in a year on a rolling basis only applies to partners.
The
PBS Dependents policy guidance dated September 2020 states in Paragraph 135 that "Children are not subject to the absence requirements" to qualify for settlement.
Thanks for the correction. It seems there is no residence requirements for children even 18+.
Re: Calculating ILR period for a child who studies abroad
Posted: Fri Dec 04, 2020 4:39 am
by seagul
Areeny2019 wrote: ↑Thu Dec 03, 2020 11:36 pm
whether it applies only to the UK universities or includes universities abroad as well and i guess the statement was meant to be generalised !
You’re living an independent life if, for example, you’ve left home, got married and had children.
https://www.gov.uk/uk-family-visa/child
Re: Calculating ILR period for a child who studies abroad
Posted: Fri Dec 04, 2020 7:18 am
by vinny
seagul wrote: ↑Fri Dec 04, 2020 4:39 am
You’re living an independent life if, for example, you’ve left home, got married and had children.
except where they are at boarding school, college or university as part of their full-time education.
Does not restrict location of the university. She must return to stay with parents during holidays. She must be in the UK to apply for ILR. She should not apply for entry clearance from outside the UK.
Re: Calculating ILR period for a child who studies abroad
Posted: Fri Dec 04, 2020 11:47 am
by CULLINAN
Thank you @Vinny for the clarification.