ILR Application: Over-18 Dependent

[raghavsey]

Hi,

I have been searching information about this for a while now, but have been unable to find a similar case hence this long post. I have posted this on the forum some time ago but had no replies, and had people private message me asking if I had found a solution, so your answer may help many …

I am currently on a PBS Dependent Visa and came to UK in July, 2009 with my father who is on a Tier 1 General Visa and we wish to apply for our Indefinite Leave to Remain (ILR) in June, 2014. I will be 22 years old then.

Last year after spending 4 years at University and finishing my Masters degree, I was lucky enough to get my dream job for an engineering firm, which I happily accepted and have been working here since August, 2013. When I was about to accept my job offer I contacted UKBA call center to ask if this will affect my dependent status when applying for ILR. I was told that I will not be disadvantaged now, as I have spent majority of my 5 years as a dependent. (But I am not longer sure how valid that statement is...)

Since according to the ‘Settlement applications by your dependent’ page on UKBA website, it mentions that the dependent ‘should not be leading an independent life’. I was wondering since I am living away from home and earning a salary for the past 8 months, would that prevent me from been eligible for ILR with my parents?

I am worried about ending up in a situation where I am ineligible for ILR with my parents due to the above, and my employer is not able to sponsor me for a work visa, as when I was interviewed I had no restrictions on working with my Tier 1 Dependent visa. This could mean having to return to India separated from family and a place I haven’t been to since I was 17. (Which is honestly quite worrying for me!)

Is there anyone who can suggest what options I have?
Or know an outcome of a similar scenario with an ‘over 18 dependent working away from home’?


-----------------
https://www.gov.uk/government/uploads/s ... olicy1.pdf
Children of PBS Migrants
106. In order to apply for leave to remain as the child of a PBS migrant, you must be under the
age of 18 on the date of application. If you are aged 18 or over, you must have, or have last been
granted, leave as the family member of a PBS migrant or someone applying at the same time for
leave as a PBS migrant.
107. You will not be considered to be a child family member of a PBS migrant where it is considered
that you:
• are married or in a civil partnership
• have formed an independent family unit; or
• are living an independent life

[Apam]

Hi, as you'd imagine people may not respond to your query because it's an uncommon occurance for most of us on this forum.
Better to consult a solicitor for expert opinion.
Hopefully your story would end nicely and you could share with us.
wish you the best of luck.

[vinny]

See also independent life.

[raghavsey]

Hi,
Thanks for your replies and the link vinny.

I just discovered this definition of leading an independent life on a document, in case it helps anybody else.

"must not 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
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 full-time (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."

https://www.gov.uk/government/uploads/s ... uction.pdf


Now this says its okay to work full-time (if aged 18 over) and be financially independent (if 18 and over).
The only thing that might work against me now is living away from my parents ?...

[jjrajesh]

Hi Raghavsey,

Please refer to this link...

http://www.gherson.com/news-articles/ne ... life-2927/

[jjrajesh]

Hi raghavsey,

These guidelines came into force in Oct 1994. Have you verified whether it is the updated version and the latest one? If it is the recent guideline, it will really be helpful for young adults who turn 18 and get into full time employment and find it difficult to extend the visa as they are deemed to be leading an independent life.

"must not 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
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 full-time (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."

https://www.gov.uk/government/uploads/s ... uction.pdf

[raghavsey]

Hi Jjrajesh,

Thanks for that link..
that definition for "must not be leading an independent life" is on the document:

Immigration Rules: Introduction
13 February 2014 Policy paper

https://www.gov.uk/government/collectio ... tion-rules

the page also says:
Last updated 29 December 2013.

So I am guessing that is still valid... but then I was reading the "Points Based System (Dependant) -Policy Guidance" (I am currently on a PBS Dependent Visa) which says :

version 10/2013
https://www.gov.uk/government/uploads/s ... olicy1.pdf

not be living an independent life
110. Examples of when we might consider you to be living an independent life include:
• where you are living away from the family home (except where you are at boarding school);
• where you are in full time employment;
• where you appear to be financially independent (that is where your income exceeds their expenditure).

I am hoping its just the case of this part has not been updated, with "(unless aged 18 or over)". Otherwise thats two contradicting definitions from the ukba!

The only advice I have received till now is by a solicitor I approached, who suggested me to return to my parents address quit work and enrol in some course, to avoid any chance of my application been declined.

But as you can imagine I am trying to gather as much information I can to avoid the above situation, will have to make the decision in the coming weeks...

[jjrajesh]

Hi raghavsey,

It is clearly specified in Immigration Rules that dependants over 18 can take full time employment and need not be financially dependent on their parents but must not be living away from home and not be married or having a partner and wholly dependent upon their parents for emotional support. When all these 5 conditions are met, then the dependant is not considered to be leading an independent life and should be eligible for the dependant visa.

They have exactly defined here in page 6 ....https://www.gov.uk/government/publicati ... troduction

Whereas they have given a different definition in the PBS Dependant policy guidance (page 18).....https://www.gov.uk/government/uploads/s ... olicy1.pdf

But ultimately, immigration rules are decisive factors rather than the guidelines.

So in your case, you have fulfilled all the other conditions and the only hitch is that you are living away from home. Quitting your job based on your solicitor's advice might be a drastic step, instead you could maintain your address with your parents. How far is your work place from your family home?

[raghavsey]

Hi,

I agree it will be quite drastic and not a good thing for my CV
I work near London while my parents are in Newcastle, so its quite the distance..
I live away because I have to for work and I visit them in Newcastle every couple of weeks.

[jjrajesh]

Raghavsey,

You have not formed a separate family unit and you are staying away from your parents because of job compulsions, that should not mean you are not living with your parents. Having fulfilled all the other conditions, you should be granted the visa, otherwise you have to go for appeal.

When a young dependant over 18 is not working and idle, he is eligible to extend the visa, whereas when he starts to earn and contributes to the British economy, he is not able to extend his stay. This is one of the major anomalies in the Immigration rules.

I would request the senior members to give their views on this strange situation.

[jjrajesh]

Raghavsey,

When are you going to apply for ILR?

[raghavsey]

Hi,

I will have completed my 5 years on 13 July 2014 as I can apply 28 days before, planning to do it sometime mid-June.

Convinced my parents to do it at a PEO, so I don't have to spend months in uncertainty regarding my application and can answer any questions they might have on my application..

Worst Case Scenario:

I haven't been able to find any further advice yet,
was reading my employers website on leaves and saw they have an 'unpaid leave of absence' which worst case I can take for April,May & June. So for SECTION 5 - YOUR HOME AND FINANCES on SET(O) form I can mark 'Not working', so don't need to mention my employment at all and I can show I live with my parents.

SET(O) Form (Over 18 dependent):

SECTION 1 - APPLICANT'S DETAILS
SECTION 2 - DEPENDANTS WHO ARE ALSO APPLYING (skipped)
SECTION 3 - WHICH CATEGORY? - PBS Dependent
SECTION 4 - KNOWLEDGE OF LANGUAGE AND LIFE IN THE UK
SECTION 5 - YOUR HOME AND FINANCES **
SECTION 6 - IMMIGRATION HISTORY
SECTION 7 - PERSONAL HISTORY
SECTION 8 - PHOTOGRAPHS
SECTION 8B- OTHER INFORMATION

SECTION 9 - TIER 1 POINTS SCORING ASSESSMENT (skipped)
SECTION 10 - BIOMETRIC RESIDENCE PERMITS
SECTION 11 - DOCUMENTS
SECTION 12 - Consent for the Home Office to Request Verification Checks
SECTION 13 - DECLARATION

You reckon that would work?

[jjrajesh]

Raghavsey,

May not be a good idea, it amounts to deception as you are hiding the fact that you are employed. At the PEO interview, the case worker can easily find out your employment history by entering your NI number and you will be in a tight spot.

You have fulfilled all the other conditions and you are staying away from home due to your work situation which should not mean that you are not living with your parents.

[jjrajesh]

Raghavsey,

Have you decided about your application? Generally HO approve these type of cases without too much fusss.

[raghavsey]

Hi ,
Sorry for the delay in reply.

I have been trying to get professional advice.

Latest been from a solicitor, who suggested that there is a strong possibility of my application getting declined at PEO as it might be considered I haven't met the following 2 criteria
a. Emotional dependency on parents
b. living at parents address

I was told I will have a good chance when I appeal on humanitarian grounds but legal representation for such could cost as much as £10-15K. think termination of employment was hinted, but not clearly stated..

Looking into other immigration firms nearby to get their insight.

----------

I understand why you say taking an unpaid leave of absence and moving back at parents address might be considered deception

So I guess your suggestion is to continue as I am right now and hope for the best at PEO ?

[jjrajesh]

Raghavsey,

The solicitor's advice is not a good option, he cannot give you any precedents.

Better apply straightforward, anyway you are going with your parents for the PEO appointment and if there is any query regarding your independent life, tell the caseworker that you are staying away from home due to the work compulsions but returning back to your parent's home during weekends. Have some bills ready to show that you are still living with your parents.

I haven't come across any case where 18+ dependants have been declined visa for the sake of working.

[jami]

Apply at PEO with parents and fill application as per facts. Take educational documents with you to cover the period of study.
You ll get ILR without raising of any eyebrow by the case worker.

[raghavsey]

ILR – Over 18 dependent - Successful
26th June
Sheffield PEO
Cost: £1493 * 3 = £4479

• Our appointment was at 1pm we reached at 12.30pm.
• We walked up to the reception where we handed over our 2 SET(O) forms (one for my parents &one for me) and all our supporting documents.
• We were assigned a ticket number which appear to go through 5 stages, the first stage was the ‘case registration’ which took about 30-40 mins.
• Next stage was the ‘Biometrics Registration’ for which we were called up to a room, after this we were told that we were free to leave and come back as it could take 1-2 hours, they will contact us on our number if they need any other documents or info. So we decided to go to a nearby café for lunch.
• Next step was ‘Biometric verification’
• When we returned our ticket was on ‘awaiting case consideration’,
• After sometime it moved on to ‘case under consideration’. We just waited around in the waiting room which had comfy chairs, TVs, coffee machine etc.
• About an hour later we were called up again, and congratulated that all 3 of us had been granted ILR. And told it will be posted within 7 working days.


I filled the form as per facts and stated my salary where asked. Had taken my payslips just in case but it wasn't asked for

My Supporting Documents:
Bank Statements
MEng degree (2009-2013)
Cover letter
An offer letter for an MSc starting sept 2014.


Overall we had a good experience at the PEO, the staffs were very professional the centre itself is well maintained has all the facilities needed. The extra £400 for the premium service I think was definitely worth it as were out of the PEO by 5.30pm, I had also received my new BRP within 3 days.

Hope this helps anyone else who has a similar situation. Thanks to everyone on the forum for the support!

[jami]

I had commented that you ll get ILR without any question.

[raghavsey]

thanks (:

[shakeerahT]

hello raghavsey,

i have also searched ILR related this situation which you have found. My case is exactly same as yours.

i came into this country in 2009 and was 17 at the time- i am 22 now. i finished uni in 2013, My mum was due for her ILR last year unfortunately she took ill february this year and didnt get out of the hospital until last month.

Now that she's better, we plan to make our application at the end of this month.

i currently work full time now but i still live with my mum. i have downloaded the set O form but im a bit confused on how to fill it and what evidences to provide to as a proff of dependency.

i would be really pleased if you explained how you went about filling your form and what documents you provide.

NB : I was supposed to start my masters at University of melbourne in July ; unfortunately i've had to defer my admission due to my mum's illness. i do have my new offer or admission letter for march 2015.

[raghavsey]

Hi shakeerahT
Welcome to the forum!

I think your case is a bit simpler as you continue to live with parents, which wasn't the case for me.

As per the below definition you seem to meet all the requirements.

"must not 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
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 full-time (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."

https://www.gov.uk/government/uploads/s ... uction.pdf

Evidence I suggest to add with your application:
 Proof you still live at same address.
 A cover letter from you to confirm that you do not have a partner and have not established an independent life and continue to depend on your parents for support.

The form looks quite bulky, but after completing I realised there are quite a few places that can be skipped for an over 18 dependent, e.g following sections can be skipped:

SECTION 2 - DEPENDANTS WHO ARE ALSO APPLYING
SECTION 9 - TIER 1 POINTS SCORING ASSESSMENT

I found the rest of the form to be pretty straightforward.

Q. Are you currently on PBS Dependent ?
Q. Do you receive any money from your parents to support yourself?

[shakeerahT]

Hi shakeerahT
Welcome to the forum!

I think your case is a bit simpler as you continue to live with parents, which wasn't the case for me.

As per the below definition you seem to meet all the requirements.

"must not 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
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 full-time (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."

https://www.gov.uk/government/uploads/s ... uction.pdf

Evidence I suggest to add with your application:
 Proof you still live at same address.
 A cover letter from you to confirm that you do not have a partner and have not established an independent life and continue to depend on your parents for support.

The form looks quite bulky, but after completing I realised there are quite a few places that can be skipped for an over 18 dependent, e.g following sections can be skipped:

SECTION 2 - DEPENDANTS WHO ARE ALSO APPLYING
SECTION 9 - TIER 1 POINTS SCORING ASSESSMENT

I found the rest of the form to be pretty straightforward.

Q. Are you currently on PBS Dependent ?
Q. Do you receive any money from your parents to support yourself?

Yes, the form does seem quite bulky. Like you mentioned, i have left out sections irrelevant to me.

I am PBS dependant on a tier 2migrant.
However, i no longer or rather i havent received money from my dad in the last 3months.

Under question 'source of income/maintenance' , i have filled in my monthly pay from work. I worry it may jeopardize my chances

[shakeerahT]

Sorry guys. Made an error on information. My date of entry into the country was actually in february 2010. Im not sure if that affects anything.

[gargi]

Hi,

I am currently going through a similar situation and looking for advice.

I am on a Tier 1 PBS dependant visa, which is valid until April 2017 after which we are eligible to apply for ILR. I am currently in University, and I will graduate next year (June 2016). I am being sponsored by my father (who is the main applicant). My concern is that in the interim period of 2016-2017, when I am not in Full time education, how can I prove dependency? I am going to reside with my parents after graduation so I will fulfill the criteria of 'living with my parents'. Also, if I plan on taking up voluntary work, I won't be in 'full time employment'. Will that suffice or is there any other way around this situation?

Thanks a lot!