Over 18 dependant child

[Dune]

Hello all. I am here in the UK on a Tier 2 visa. We arrived in 2014.Our child turns 18 soon while we are eligible for ILR only in January 2019. She is not going to Uni but joining a school leavers program with a salary and full time employment of 35 hours per week. What do you think are her chances of getting the ILR ? Is there a possibility that she could be rejected under Section 319 J (d) of leading an independent life? I believe there are some changes from January 2018. Hence i am a bit worried.Many thanks in advance for all help.

[vinny]

See also independent life.

[Dune]

Thanks Vinny. I thoroughly searched Appendix FM of 391J(d) and nowhere found the interpretation "unless aged 18 or over" clause . Kindly guide me. I have copied Appendix FM below

Interpretation wrote:
“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. Where a relative other than a parent may act as the sponsor of the applicant, references in this definition to “parents” shall be read as applying to that other relative

[vinny]

Interpretation defines the meaning of some terms used throughout the Immigration rules, including any terms found in 319J(d).

[Dune]

immense thanks Vinny. This is highly reassuring as this puts to rest the doubt I had that my over 18 child would not qualify for ILR as she would be in full time employment on the date of our application.

From another source, I had received the following recommendation:
Please see page 41 of the following:
[https://assets.publishing.service.gov.u ... 3.0ext.pdf]

Relevant extract of the page is as below:

Independent life
Examples of an applicant having an independent life may include (but are not restricted to) when the applicant:
• is living away from the family home (except where due to academic endeavours, for example, attending a school or university)
• is in full time employment
• appears to be financially independent (their income exceeds their expenditure)

Is my understanding then correct that for my over 18 child, being in full time employment, would not be a hindrance for grant of ILR?

Thanks again.

[Londoner007]

Yes, hopefully you get the visa for your child.

[vinny]

I think that the Rules trumps the Guidance.

[Dune]

Sincere thanks Vinny and Londoner007