NEED A DEPENDANT VISA OUTSIDE UK 18 YEARS ABOVE

[sheributt]

HI,
I am from Pakistan but have been living in Dubai , United Arab Emirates since 22 years and now moved to UK on a skilled visa .
my issue is that i want to bring my family to UK but one of my daughter is 19 years old and studying. She is a completely dependent on me. Means everything is on me. Now i am worried about her what to do. please can someone advise the best possible way. thanks

[secret.simon]

Past her 18th birthday, there is no route open for you to sponsor her as a dependent.

She will need to make an adult immigration application in her own right, such as a student or as a skilled worker, etc.

Keep in mind that a student visa does not lead to settlement in the UK, except on the 10 year long residence route.

[sheributt]

Thanks for your advice. Now there are two questions still

1. while she is my daughter then why something cannot be done as how can we leave her while she is totally dependent on me and if i apply and get refused then go for appeal and explain the situation. what do you think about this.

2. If She applies as a student and visa officer says that your parents are already there so you are applying to join them and refuse it or she shall mention in the application that my parents are moving to UK so i want to migrate to UK.

One point to mention that she is studying in Middlesex University Dubai already and her 2 year is going to start of 3 years degree course.
Thanks

[AmazonianX]

Thanks for your advice. Now there are two questions still

1. while she is my daughter then why something cannot be done as how can we leave her while she is totally dependent on me and if i apply and get refused then go for appeal and explain the situation. what do you think about this.

2. If She applies as a student and visa officer says that your parents are already there so you are applying to join them and refuse it or she shall mention in the application that my parents are moving to UK so i want to migrate to UK.

One point to mention that she is studying in Middlesex University Dubai already and her 2 year is going to start of 3 years degree course.
Thanks

Will have to apply by a route she qualifies for in her own right and student route or a Skilled Worker visa appears to be option

[Frontier Mole]

Point 1 - Appeal route…. You won’t get a right of appeal as the application for dependent will be void as it does not meet the initial requirements. There will not be an immigration decision to appeal against.

[vinny]

She fails the Age requirement for a dependent child of a Skilled Worker.

SW 32.1.The child must be under the age of 18 on the date of application, unless they were last granted permission as the dependent child of their parent or parents.

I think it’s rightly a part of the eligibility requirements, not a validity requirement. So I don’t think that her application will be invalid. But they will almost certainly refuse her, unless she unexpectedly succeeds on the grounds of disproportionately.

Unfortunately, there’s no right of Appeal against a refusal under this route. There is an Administrative Review, but I think it’s unwindable, as it’s not a caseworker error. If permitted, then an expensive Judicial review may be possible. But the chances of success may also be slim, as the refusal would be lawful.

[Frontier Mole]

I believe where a dependent application does not meet the skilled worker visa eligibility the application will not be processed. In this case the eligibility requirements are not met by the fact the individual is not under 18. Either way the result will remain the same - either the application is rejected or a refusal is made. Neither results in a right of appeal.

There is another potential barrier to overcome, the online application system is evolving to design out / prevent applicants from “making mistakes” so a dependent who is non qualifying may not be able to apply. Relationship drop down father / daughter and a date of birth greater than 18 may result in the system preventing submission.

[Frontier Mole]

Let’s perhaps look at the positives

Will she be able to apply for a student or a skilled worker visa - yes

Will her parents immigration status have a bearing - absolutely not.

If she was to apply to do her Masters in the U.K. with a degree from the overseas campus of a U.K. Uni I am seeing a near 100% successful application.

Skilled worker visa - that would need a sponsor - given the job market / sector and her degree subject that will determine that outcome

[vinny]

I think there is a another difference.
If an application is invalid, then they should refund the application fees. Else, they keep the application fees.

Yes. Better look at more positive alternatives.

[secret.simon]

if i apply and get refused then go for appeal and explain the situation. what do you think about this.

Not sure why you think that this is even an option.

Firstly, as FrontierMole and vinny has mentioned above, there is no right to appeal an immigration decision like this, only an administrative review to make sure that the caseworker has applied the correct procedures (which they will have, in rejecting the application).

Secondly, even if you were to appeal, the Immigration Rules (which are the law that applies in this case, and are secondary legislation) specifically provides that both conditions (being the child of a Skilled Worker AND being under the age of 18 on date of first application) need to be met. On appeal, the judge is bound to recognise that both conditions were not met.

Thirdly, keep in mind that most legal protections that apply to children end on their 18th birthday. While your daughter is your child and dependent, she is an adult from the viewpoint of the law and is not protected by various provisions that apply to children.

If you feel so strongly about moving with your eldest daughter, you may want to look at jobs in the European Union, which has laws more amenable to including dependent children even over the age of 21.

And finally, note that even if your daughter does move to the UK on a student visa, she will not later on become eligible to become your dependent. If she wishes to become settled in the UK, she will need to complete 10 years of legal residence in the UK on a combination of student visas and skilled worker and/or spousal visas, on her own steam. Your immigration status in the UK will remain irrelevant to her for those purposes.