PBS dependant over 18 applying for ILR

[me1503]

Hi

Sorry if this would be long but I am hoping to get some advice here.

I arrived in the UK on February 2014 thru Tier 2 visa route. I have a daughter and I was separated with her dad many years ago but not legally yet (Anullment process is still ongoing in my home country). I have proven sole responsibility to her and I was able to get my daughter as my dependant after a year and she arrived in the UK on May 2015. She was 15 years old that time. Then, we both had our visas extended for another 3 years. My 5th year in the UK will be on February 2019, so I am due to apply for ILR. I just do have concerns regarding my daughter. My daughter is 18 years old now.

- Can she apply at the same time with me although she has not completed 5 years yet in the UK?

- If she is eligible, how can I prove that she is still dependent on me? She will be 19 by that time. She is not studying and she is working part time. She lives with me and I pay for her food, accomodation, etc.

- Would her working as part time (20 hours a week) be a problem? There is no course she can enroll at the moment as she has finished her A levels then next would be university when she is eligible for the home fee. Is there like a threshold to the amount of money she needs to earn to be considered still a dependant on me or should I just tell her to stop working before she applies?

- I paid for her surcharge so she is eligible for NHS treatment. If i get a private health cover for her(as part of my benefits at work), would that aid in proving that I look after her health needs or it’s not necessary?

- Do i need to prove financial maintenance for her? Or my contract of employment is enough?

Many thanks,
May

[CR001]

- Can she apply at the same time with me although she has not completed 5 years yet in the UK?

My understanding is that she can apply in 2019 once she has 5 years residence as she is no longer a minor. She must not be leading an independent life. I stand to be corrected.

- I paid for her surcharge so she is eligible for NHS treatment. If i get a private health cover for her(as part of my benefits at work), would that aid in proving that I look after her health needs or it’s not necessary?

Not necessary. She is free to use NHS.

[vinny]

She may apply for ILR at the same time as you, subject to 319J, including 319J(d). KoLL required for both, etc.

Interpretation

“Must not be leading an independent life” or “is not leading an independent life” means that the person

• (a) does not have a partner; and
• (b) is living with their parent (except where they are at boarding school, college or university as part of their full-time education); and
• (c) is not in full-time employment (unless aged 18 or over); and
• (d) is wholly or mainly dependent upon their parent for financial support (unless aged 18 or over); and
• (e) is wholly or mainly dependent upon their parent for emotional support.

Where under these rules a relative other than a parent may act as the sponsor or carer of the person, references in this definition to “parent” shall be read as applying to that other relative.

Extra documents for children over 16

You’ll need to prove:

• where they live - if they do not live with you, you’ll need to explain why
• any rent or upkeep they pay you each month
• that you support them financially if they do not live with you

You’ll need to provide documents such as the ones on this list, to prove where they live:

• bank statement
• credit card bill
• driving licence
• NHS registration document
• a letter from their current school, college or university, on headed paper and issued by an authorised official of that organisation

The documents you provide should not be more than a month old on the date you make your application.

If your child lives away from home, you’ll need to provide evidence they are not living an independent live, for example:

• bank statements for you and your child covering the 3 months before the date you apply (to prove you’ve supported them)
• confirmation from their university or college on headed paper and issued by an authorised official (if they’re studying)

Children 18 and over

You can only include older children in your application if they both:

• were under 18 when they first got permission to be in the UK as your dependant
• still do not live an independent life - for example, they have not got married or had children

They also need to:

• pass the Life in the UK Test
• meet the English language requirements

If your child is over 18 by the time you apply and does not meet these requirements, they must apply separately.

[CR001]

She may apply for ILR at the same time as you, subject to 319J. KoLL required for both, etc.

Thanks vinny, I wasn't sure.

[me1503]

It is clear to me now. Thank you CR001 and Vinny for your time and response

One last thing, Do I need to provide support maintenance funds in my bank for my daughter for ILR application or no need?

[vinny]

There doesn't appear to be a maintenance fund requirement for daughter in 319J.

However, there may be a minimum salary rate for the Tier 2 (General) holder in 245HF.(d).

Do check the rules, especially at the time of the application, to make sure.

[me1503]

My job is on the shortage occupation list. They did mention in the rules proof of finances like payslips etc but nothing was mentioned about a maintaining balance and funds for dependant just like in tier 2 application, so i think there is none for ilr. Will do check the rules when time is near. Thanks for the help