FLR and ILR Children Over 18

[shadi]

I will really appreciate if you can help. I am a university lecturer in the UK. I came to the UK on a 5 yrs WP that is valid until 14th of Oct 2008 with my spouse and four girls. The visa was endorsed on 22 Sept 2003 and is valid till 14th Oct 2008. We entered UK on 7th Nov 2003. Counting the time (28 day rule) etc, I will have only 2 days to apply for a prospective ILR before the leave to remian finishes. Very importantly can we apply for FLR without extnding our leave on 16/17 Sept this year? I will still have leave for around 4weeks. Since I am not clear I have decided to get the WP extended and first apply for a silly FLR. Three of my daughters are now over 18. We live as a family unit and they are all unmarried. They have been working part time. They will apply separately on FLR(O) form for FLR.
1.What they should say in their ltr with the application(that is what the application form says)? Will them working time affect the decision?
2. What will be their immigration status after their FLR is approved?
3. Will their rest of the time before the application for ILR (which may be one day!) count towards the 5 yr stay?
Kindly explain the rules in this regard. Thanks

[geriatrix]

You must not send us your application more than 28 days before the end of your qualifying period.

Since you entered UK on 07-Nov-03, keeping the above in mind, the earliest that your ILR application should reach UKBA is 11-Oct-08 (and defintely by 14-Oct). Tight, but no impossible!

If you wish you can apply for an extension (FLR), you can send your extension application(s) by 16/17 Sep (or even a bit earlier). Because your children (even though some are over 18 ) have current leave to enter/remain as dependents of WP holder, upon FLR approval under the same category, their immigration status should continue to be the same as it is today. See Immigration rules: paragraph 197


regards

[vinny]

Apply for settlement between [7 Nov 2008 - 28 days (4 weeks)] and 14 October 2008; i.e. between 10 October 2008 and 14 October 2008.

Any dependant children over 18 years old should apply on a separate form and pay the appropriate fee.

See also Part 5: Persons seeking to enter or remain in the United Kingdom for employment (197-199)

Don't forget the KOL requirement for adults 18 or over.

[shadi]

Thanks to you both. Since I am taking your advice and applying for ILR in person on any day from 10-14th Oct one further question is whether it is required that the over 18s should be in full time education to get ILR approval? My eldest have just graduated and will be 22 yrs and 4 mnth, the next is on her second gap year (has a place in medicine) will be 20 yrs 7 months, the third is on her first gap year (has aplace in medicine) and will be 19 yrs at the time of application. They all will be doing part time job at that time. We live as a family unit and they are dependant on me. Can you shed some light on this please. there are many people in similar position and need help. Thxs

[vinny]

[url=http://www.ait.gov.uk/Public/Determinat ... px?Id=2021]MI (Paragraph 298 (iii): “independent lifeâ€

[shadi]

Thanks Vinny, have read them both. can i ask you there should be no need for worry as we still are a family unit and the girls are unmarried or it will be upto the case worker at the day to decide? Thanks for your help.

[sakura]

Thanks Vinny, have read them both. can i ask you there should be no need for worry as we still are a family unit and the girls are unmarried or it will be upto the case worker at the day to decide? Thanks for your help.

I would just like to point out, in terms of education and tuition fees, that the two children on gap years will have to wait until they have ILR before being eligible for "Home" fees, and that, since they do not obtain ILR until October - which is past the start of the academic year - they will have to wait until the 2009 academic year to be eligible for "Home fees".

If they start this year they will pay international fees for this year, but might not get the difference in fees refunded.

[shadi]

I am not clear what constitutes independent life. In NM (“leading an independent lifeâ€

[shadi]

I forgot to thank Guru ji!