Can my daughter stay in UK if I leave?

[AussieJo]

Hi there

Around 18 months ago my daughter & I moved to the UK from Australia. I have right of abode status & at the time my daughter was under 18 years of age (just) but was solely dependent on me so we applied for a dependent settlement visa for her which was granted.

My daughter is now 19 years of age and is working. I am facing the possiblity of having to return to Australia in the near future as I have an elderly parent whose health is declining. I am also not sure how long it may be before I can return to the UK.

My daughter wishes to stay here in the UK as she has work, friends and a new life here. Ideally she would like to stay here indefinitely & eventually apply for citizenship.

Can anyone tell me what her legal position is if I have to return to Australia? Can she stay on here without problems even though she initially came to the UK as my dependant?

Thank you.

[JAJ]

What exact kind of visa does she have? Is it Indefinite Leave to Remain?

[AussieJo]

Hi JAJ

Thanks for your reply. Her visa says "Indefinite Leave to Enter the UK" written in it (under Obsrv=Observation?) and the type of visa states "Settlement Accompanying Parent".

Thanks!

[Christophe]

As far as I know, your daughter now has indefinite leave to remain in the UK, which means that her status in the UK is not dependent on you in any way. So if you leave, she can stay in the UK if she chooses to. She would lose her indefinite leave to remain in the UK if she ceased to live in the UK (usually taken, for practical purposes, to mean more than two years outside the country, though that is not an absolute thing in all circumstances). Assuming she stays living in the UK she will be able to naturalise as a British citizen in due course.

I am sure someone will be along shortly to correct me if I am wrong!

[AussieJo]

Hi Christophe - thank you for that information. Hopefully you are right as that would make my life (& my daughter's) much easier!

I'm sorry to ask another question but I'm wondering if you or anyone else knows what she should then do about transferring her visa to a new passport as her current one will expire next year?

[Christophe]

I'm sorry to ask another question but I'm wondering if you or anyone else knows what she should then do about transferring her visa to a new passport as her current one will expire next year?

See this page from the BIA website about having a visa/residence permit transferred to a new passport.

It isn't essential to do it, and it does cost money. However, she might feel it is worth doing it, not least because it can avoid problems at airline check-in desks if check-in staff are not aware that the visa in the old passport remains valid - this being relevant on a return leg of a journey when she's coming back to the UK. (This oughtn't to be a problem, but anecdotal evidence seems to suggest that sometimes it is.)