Immigrationboards.com

Hi,

I hold a GTV for 5 years from January 2022. My route qualifies for ILR after 3 years. I have my husband and 4 children (except one born in the UK) dependants on my GTV. My son who is currently 15 is travelling abroad for studies which will last up to 3 years (visiting the UK during school holidays). My questions are

1. Does the continuous residence applies to children under 18?
2. My son will be over 18 when he will be applying for ILR with his father. Will the absence of continuous residence due to study abroad affect his application?
3. If he cannot apply for ILR when he is over 18 due to lack of continuous residence, what other routes are available for him to settle in the UK?

your response is much appreciated.

While I won't comment directly on the continuous requirement for GTV dependent children, note that if your child is over the age of 18 when they apply for ILR, they will have to naturalise as an adult to become a British citizen.

That means that they will need to meet all the requirements of an adult (the same requirements as your husband and you), which has very strict absence requirements in the preceding five years and year preceding the date of naturalisation application.

The immigration journey (and their status as a dependent) ends at ILR. Naturalisation is a separate process, under different laws and with different definitions. Factor that into their stay abroad.

Children do NOT have any residence requirements for ILR. They settle when both parents settle. The only requirement that applies after he turns 18 is that you need to show he is not leading an independent life. I agree with Simon that long absences may have a negative effect on his naturalisation later on but for ILR, I do not see any absence-related issues

Thanks both for your response. If I understand your response it means as far as ILR application is concerned, my son can apply even if he is over 18 irrespective of long absences provided we can prove that he didn't have an independent life.

Could evidence like letter from his college abroad be enough and evidence that he is still under our care ?

However, long absences can affect his naturalisation after ILR. Does that mean he has to stay longer with ILR before qualifying for naturalisation? Or is it unrectifiable?

marikano wrote: ↑

Sun Aug 27, 2023 2:23 pm

Does that mean he has to stay longer with ILR before qualifying for naturalisation?

Yes.

marikano wrote: ↑

Sun Aug 27, 2023 2:23 pm

Could evidence like letter from his college abroad be enough and evidence that he is still under our care ?

It is not merely being under your care, but that he does not have an independent life. So, proof that he is financially dependent on you, that he lives with you in the UK outside term time, that he is not married or in a relationship akin to marriage, etc. @zimba may be able to elaborate more fully on what is the evidence required.

marikano wrote: ↑

Sun Aug 27, 2023 2:23 pm

long absences can affect his naturalisation after ILR. Does that mean he has to stay longer with ILR before qualifying for naturalisation?

Correct. He will need to hold ILR (within the UK. ILR can be lost by long absences outside the UK) for as long as it takes him to bring his absences from the UK to the required levels.

ILR is indefinite within the UK and he can spend years if not decades on that status, so long as he does not leave the UK for long absences (longer than two years).

More info: uk-skilled-worker-visas/pbs-dependant-o ... l#p1585948