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Limited Leave to Remain Family Visa Application due to Child "Aging-Out"

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inxsh1
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Limited Leave to Remain Family Visa Application due to Child "Aging-Out"

Post by inxsh1 » Wed Sep 17, 2025 12:51 pm

Anybody been able to successfully apply for family visa in the face of this unique situation ?
I will be applying for ILR Apr 2026 however my child will have aged out, turned 18 years old, permanently losing right to join our family as a child dependent. The fact that my child will lose eligibility purely due to a timing technicality is an objective, adverse and irreversible consequence. Crucially, there is nothing in the current Immigration Rules that envisages a dependent child may age out as a consequence of the
sponsor’s delayed eligibility for ILR. Until the Home Office updates its rules to account for this exceptional circumstance, it is inequitable and disproportionate. My question is - has anyone been able to
apply for their family visa before attaining ILR to avoid this unique situation where the child will lose out due to age if I wait to attain ILR as the current immigration rules did not envisage for this situation.

secret.simon
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Re: Limited Leave to Remain Family Visa Application due to Child "Aging-Out"

Post by secret.simon » Wed Sep 17, 2025 5:17 pm

How long has the child resided in the UK and for how long?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: Limited Leave to Remain Family Visa Application due to Child "Aging-Out"

Post by CR001 » Wed Sep 17, 2025 6:27 pm

secret.simon wrote:
Wed Sep 17, 2025 5:17 pm
How long has the child resided in the UK and for how long?
The child lives abroad.

The OP apparently been in the UK since 1995 and on the 10 year Private Life route.

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Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

inxsh1
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Re: Limited Leave to Remain Family Visa Application due to Child "Aging-Out"

Post by inxsh1 » Thu Sep 18, 2025 9:48 am

CR001 wrote:
Wed Sep 17, 2025 6:27 pm
secret.simon wrote:
Wed Sep 17, 2025 5:17 pm
How long has the child resided in the UK and for how long?
The child lives abroad.

The OP apparently been in the UK since 1995 and on the 10 year Private Life route.

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That is correct: my child is abroad while I am in the UK, where I have lived for 30 years. I am seeking to apply for my family to join me here, as we cannot wait until I obtain ILR. By that time, my child will age out and lose eligibility as a child dependent. Crucially, the current Immigration Rules make no provision for this exceptional circumstance, as I have explained.

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