Hi!
I am not sure whether this sub-forum is fully appropriate, but let's see.
I have Tier 2 (General) visa together with my wife and two sons, they all have, naturally, Tier 2 (General) Dependant status. We have arrived (and the visa have started) on 28/08/2013. This year we have extended this visa until 2019. According to the current rules, as far as I understood, we will be allowed to apply for ILR at the beginning of August 2018 the earliest.
My older son was born on 20/08/1998, hence he is now 18 years old. According to the rules, he may apply for the ILR with us, as we have arrived and have been living here altogether. However, this can be realised provided he has not an 'independent life'. The latter is explained in the rules in a bit foggy manner, I would say. In particular, he definitely must live with us and he may work, however, it is not clear which salary/type of work will be considered as an independent life and which will not. I am pretty sure that if he is working few hours per week this is not a problem, but if he starts to work after the school (see below the reasons) , then what is a threshold?
Next, he is still studying at school, the last year of the sixth form (A-level); he has started with one year younger students because of the luck of English experience. As a result, he will finish A-level in July 2017, one year before he will be settled. According to the rules, to be considered like a home student in a University, he must be settled at the first day of study, say in the middle of September. Finally, to get the student loan, he must be settled as well (I think so). Therefore, he will need to wait one year (July 2017 -August 2018), obtain ILR, be lucky to find loan _after this_ but before a University will start and apply (probably, within a clearing procedure only). Thus, it seems more realistic, that he will need to wait two years. Of course, within this period (in particular, before he would get ILR), he is interested to work. But... see the issue above.
Another possibility would be to study in Further Education (like colleges), not higher, for this he is eligible, as hу has been staying here more than 3 years. But then he would be interested to enter a college which pays some money. And again, I am not sure whether he is allowed. And whether he can do this in _another_city or it will be considered as an 'independent life'.
My questions are:
1) Restriction in the work, to get ILR demonstrating the absence of the 'independent life'
2) Possible ways (unbelievable but...) to be considered as a home student in such situation.
3) Possible ways to get a student loan being non-settled yet.
4) A quick getting of the student loan within the August of 2018.
5) Regulations regarding Further education.
Sorry, for so long explanation.
Kind regards,
Dmitri.
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