Page 1 of 1
ILR FOR18+ case of someone studying abroad
Posted: Tue Jan 09, 2024 4:01 am
by Hunnyisland
I moved into uk my daughter last year,before we came here,she was granted a scholarship to study in USA,upon arrival here in the uk and I discovered that due to her age it is quite expensive for her to start university here since she has not stayed up to 3 years in uk to enjoy home residence fee,so she got her visa from here to go for her study in USA.I ensure she comes back b4 end of every 180 days but the situation is beginning to worry me as am scared that she may not be granted ILR with the rest of us when the time comes.
What do you advice i do
Re: ILR FOR18+ case of someone studying abroad
Posted: Tue Jan 09, 2024 2:26 pm
by zimba
Children do NOT have a residence or absence requirement.
They settle when both parents settle.
The child who becomes 18 also must not be leading an independent life in order to secure ILR:
Where a child has turned 18 years of age since the applicant was first granted entry
clearance or leave to remain as a parent under Appendix FM, the child must not
have formed an independent family unit or be leading an independent life.
‘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
fulltime (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.
https://assets.publishing.service.gov.u ... tances.pdf
Re: ILR FOR18+ case of someone studying abroad
Posted: Tue Jan 09, 2024 3:58 pm
by Hunnyisland
In this case,she can continue her education and make sure she comes back during holiday since university or school location is not stated
Re: ILR FOR18+ case of someone studying abroad
Posted: Tue Jan 09, 2024 7:01 pm
by AmazonianX
Hunnyisland wrote: ↑Tue Jan 09, 2024 3:58 pm
In this case,she can continue her education and make sure she comes back during holiday since university or school location is not stated
Correct.