ILR (10 yrs Long Residence) with Adult Dependant

[macmoh]

Hi Guys,

This forum has been helpful to me and many others.

Please, I have a very pressing need about my Adult son. I just got my ILR through 10yrs Long Residence. My wife is due for her ILR through 10 years long residency in March 2018. However, my Adult dependant son is on tier 4 dependant visa valid till Sept 2018. As at now he has stayed in the UK for 6 yrs without travelling out. He is 19yrs and just completed college.

My problem is, the page for the long residency on home office website stipulates that adult dependant will have to leave the UK. One option is for a private life application, which I want to avoid as it is almost impossible to prove that a child cannot cope in his country of birth.

Please is there anyway that one can use to put an application for him? Can he be my dependant? What form can one use?

Looking forward to hearing from you.

Regards
Macmoh

[Corzmentine]

I think the SET(O) form is the appropriate form in this situation.

The SET(O) Guidance reads "... Children aged 18 or over may not be included; they must each apply individually and pay the specified fee, ...."

You may find this post helpful:
indefinite-leave-to-remain/ilr-applicat ... 59530.html

[CR001]

I think the SET(O) form is the appropriate form in this situation.

The SET(O) Guidance reads "... Children aged 18 or over may not be included; they must each apply individually and pay the specified fee, ...."

You may find this post helpful:
indefinite-leave-to-remain/ilr-applicat ... 59530.html

The issue is that the OP and his spouse got ILR based on long residence. It the adult dependent is on a PBS dependent visa, they cannot apply for ILR on Set(O). The other fact is that Tier 4 does not on its own lead to ILR anyway.

The adult child will likely need to find a visa they qualify for in their own right.

Also, please note that the rules have changed in April 2014 since the post in the link you provided regarding dependents of Long Residence ILR applicants.

[macmoh]

Thank you for your response Char,
I was meant to understand that PBS dependants in other tiers can apply for further extension as a PBS dependant even though the main applicant already achieved ILR. Please is this applicable to a Tier 4 PBS dependant even though the study period has elapsed?

Also, if this is not the case, based on your response above, is 'right to private life' the only way out for this adult dependant?

Regards
Macmoh.

[CR001]

No, a PBS dependent is not able to extend their PBS dependent visas if you, the main PBS visa holder got ILR based on long residence. The rules changed in April 2014, see link below. It would only have been possible in you got ILR based on 5 years residence PBS route (tier 1 or tier 2).

dependant-of-ilr-long-residence-applicant-on-pbs-leave (click)

[macmoh]

No, a PBS dependent is not able to extend their PBS dependent visas if you, the main PBS visa holder got ILR based on long residence. The rules changed in April 2014, see link below. It would only have been possible in you got ILR based on 5 years residence PBS route (tier 1 or tier 2).

dependant-of-ilr-long-residence-applicant-on-pbs-leave (click)

Thank you very much Char, this issue is becoming serious.
You did not answer my 2nd question on "RTPL". The link you provided gave much information about partner but very little or nothing on adult child.

Finally, is there a solution to this situation?

What do you suggest as a way out of this situation for adult dependant child?

Regards.
Macmoh

[macmoh]

Hi Guys,

This forum has been helpful to me and many others.

Please, I have a very pressing need about my Adult son. I just got my ILR through 10yrs Long Residence. My wife is due for her ILR through 10 years long residency in March 2018. However, my Adult dependant son is on tier 4 dependant visa valid till Sept 2018. As at now he has stayed in the UK for 6 yrs without travelling out. He is 19yrs and just completed college.

My problem is, the page for the long residency on home office website stipulates that adult dependant will have to leave the UK. One option is for a private life application, which I want to avoid as it is almost impossible to prove that a child cannot cope in his country of birth.

Please is there anyway that one can use to put an application for him? Can he be my dependant? What form can one use?

Looking forward to hearing from you.

Regards
Macmoh

Hi Guys,

Please is there anyone in house with knowledge of someone in this same situation?
How did they handle it?
I need help on this please.

Regards
MacMoh

[zimba]

Your adult son cannot stay beyond the period of the PBS dependant visa as you got ILR under long residence.
One option is via Tier 4 visa route, aim for an admission based on a 3 year university program and send him back home. He applies for entry clearance under Tier 4 to come back to the UK within 6 months to study for the next 3 years.
There is a possibility for him to apply for SET(LR) at the end of this as his continuous lawful stay will be intact if he comes back within 6 months of leaving the UK.

[macmoh]

Your adult son cannot stay beyond the period of the PBS dependant visa as you got ILR under long residence.
One option is via Tier 4 visa route, aim for an admission based on a 3 year university program and send him back home. He applies for entry clearance under Tier 4 to come back to the UK within 6 months to study for the next 3 years.
There is a possibility for him to apply for SET(LR) at the end of this as his continuous lawful stay will be intact if he comes back within 6 months of leaving the UK.

Thank you very much for the response.
I will consider this as the last option. I am still a student struggling, it will be almost impossible to cope with the requirement for tier 4.

I hope there is someone with similar challenge to share.

Lawyers are saying there is a way. But i am yet to formerly see one.

Maybe they are considering form FLR (FP)? What you guys think?

Regards.
Macmoh

[secret.simon]

Maybe they are considering form FLR (FP)? What you guys think?

FLR(FP) will likely fail too.

The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
...
(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or

As he has spent only 6 years in the UK, he has not spent half his life in the UK.

Zimba's earlier suggestion of his going through two Tier 4 applications in succession may be your only option.