Dependant-Son continuous period

[jafersadeq]

Dear Gurus,
My son, 19 years old, wants to study abroad (outside the UK) for one year only. He has T1-Ent dependant visa now. His ILR application will be in May 2020. His travel will be from Dec 2018 to Dec 2019. He will keep his visa as a dependant (no marriage or living more than one year abroad).

Does that affect his continuous period for ILR or citizenship?

Thanks

[CR001]

When was his last visa issued??

Not also that for ILR, he is required to submit evidence of being dependent on you in your household and not living an independent life. How will you achieve that if he is living an independent life in another country?

[jafersadeq]

Many thanks for your reply,
His last visa issued on 17/5/2018
He has bank statements, driving licence, GP letter, credit card bills.
one evidence shows he is abroad, his passport only.
Please advise

[CR001]

His last visa issued on 17/5/2018

He is subject to the absence limits as his visa was issued after 11th January 2018. So studying abroad for the year will reset his clock to zero.

[jafersadeq]

His last visa issued on 17/5/2018

He is subject to the absence limits as his visa was issued after 11th January 2018. So studying abroad for the year will reset his clock to zero.

I appreciate your information
His courses are for 11 months, they offer him:
1-Full course 11 months from Dec 2018 to end of Nov 2019
2-Half (5.5 months) from Dec 18 to 15 Mar2019, second half (5.5 months) for the second year, so they can arrange his courses. That means his rolling period will not be broken because his absence will be less than 180 days in any rolling year.
His statements and bills will come to my home.

I have to find a solution for him before he starts. Please help me in this issue

[CR001]

(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:

https://www.gov.uk/guidance/immigration ... #pt8family

[jafersadeq]

(d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:

https://www.gov.uk/guidance/immigration ... #pt8family

Dear CR001,

(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.

If he stays abroad less than 180 days, but continuous 165 days, he is my son, (180 for the partner and the main applicant).
I can provide the required documents in 319-SD
Is the 165 days abroad form a problem? Is there a solution?
Thanks

[secret.simon]

Is the course conditional on his age? Can he postpone the course till after he gets ILR?

[jafersadeq]

Is the course conditional on his age? Can he postpone the course till after he gets ILR?

Yes, he has to travel for his study, and they offered his two offers only, he will have 4 days a month, if he comes 4 days to the UK every two months to say he is in the UK.
We do not want to say he travelled for study.

Please advise

[jafersadeq]

I thought the 180 is for my wife only, but CR001 says it is for my son, 19 years old
He can stay abroad 2 months and come back the UK 4 days only, his grandma lives there, we can say he goes to his grandma, not for study.
Thanks

[CR001]

Which county will he be studying in??

You should remember that he has to apply on his own SET(O) form as an adult and they are look at much more closely.

[jafersadeq]

Which county will he be studying in??

You should remember that he has to apply on his own SET(O) form as an adult and they are look at much more closely.

Our home country

[CR001]

Also note that it is not a continuous 180 day absence. It is absence totalling 180 days in any 12 months.

https://assets.publishing.service.gov.u ... .0-EXT.pdf

[jafersadeq]

Also note that it is not a continuous 180 day absence. It is absence totalling 180 days in any 12 months.

https://assets.publishing.service.gov.u ... .0-EXT.pdf

Thanks a lot CR001
I know that, I have an excel file for that purpose.
Our problem is how to do that without affecting his continuous period and keeping his status as a dependant.

[CR001]

Postpone his studies abroad until he has ILR. It really is not that long to go in the bigger scheme of things.

You need to decide what is more important. I don't think this is a case of 'having your cake and eating it'. You either meet the new rules or you don't.

[jafersadeq]

Postpone his studies abroad until he has ILR. It really is not that long to go in the bigger scheme of things.

You need to decide what is more important. I don't think this is a case of 'having your cake and eating it'. You either meet the new rules or you don't.

OK, I will cancel it
Thanks with regards

[jafersadeq]

Dear CR001
Please see:
uk-tier-2-employer-sponsored-visas/pbs- ... l#p1585948

vinny stated many links, and I do not think the 180 days for dependants, and if my son goes to our home country they won't count it.
Please advise before cancelling his course

[CR001]

It is your choice if you want to risk your adult sons ILR. If you take the risk and his ILR is refused, his stay in the UK could be jeopardised.

Adult pbs dependents are required to submit a fair amount of evidence of residence in the UK and being dependent on you in your UK household. HO will clearly see from his passport stamps that he is not in the UK. Never a good idea to lie or cover the truth with HO.

The absence rule applies to PBS dependents, which is what your adult son is.

Not sure why you believe going to home country won't be counted as absence.

[jafersadeq]

Dear vinny, CR001,

My son decided to get married in the UK, he loved a girl in our city, she is a Syrian refugee, she was in the country 3 years and she got her leave to remain in March 2018, after 28 months of her UK entry as an asylum seeker with her family.
I advised him to leave her but he is in deep love with her, he does not listen to my advice, he tried to forget her but now he is forcing me to engage her.
His leave is a dependant leave to remain on my visa, and her BRP "his girlfriend" says "Refugee with issue date March 2018 to March 2023, five years"
He wants to go to the court for his marriage contract because that girl asked him to do so.
I know that his current leave will not be valid as my dependant, and I do not know what should I do, I am in a trouble, please advise me.

Thanks

[vinny]

(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.

If he marries before they grant him ILR, then he would fail 319J(d). Then she may have problems remaining as a dependant of a refugee, unless she is a refugee in her own right. If she is a refugee in her own right, then he may have problems remaining in the UK with his wife.

In short, they may both become ineligible for Further Leave to Remain or Indefinite Leave to Remain in the UK. Then where would they go?

He doesn’t have to leave her. But he shouldn’t marry nor form an independent family unit now. Just postpone the wedding or forming an independent family unit, etc., until they both get ILR. It doesn’t make sense for both of them to jeopardize their futures in the UK unnecessarily.

[jafersadeq]

Dear vinny,
Many thanks for your comment.
I told him everything about that but he is insisting. His mother faced a heart attack and her left hand stopped suddenly last week, we tried many ways to persuade him but without results.
He intends to apply for humanitarian protection because that girl is guiding him to leave us, he is thinking out of our family's rules. I told him I have three houses and I told him that I give him two houses so that leave the marriage idea, but he is insisting.
My wife lost her hand and I cannot think, I am thinking to punish him by agreeing his marriage and he attends alone for his marriage contract, after that, I will take a copy and I want to cancel his leave, I do not want him to come to my house anymore. I have two questions:
1- How can I cancel his leave and it is valid until May 2020?
2-What about his girlfriend's current leave as a refugee when they sign the marriage contract?
I want to do something to take my revenge.
I came to the UK for my sons, to ensure their future, and when they lived, they are thinking against me.

[jafersadeq]

Dear vinny,
Please answer my questions,
Kind regards

[vinny]

1. Do you really want them to cancel his leave?
2. I don't know. If she is a refugee in her own right, then she may be unaffected. But does she have the means to sponsor and support your son? He is not in an immigration position to sponsor and support himself, let alone her.

It's never a good idea to make decisions nor have arguments when one is angry.
Perhaps your son cannot also think clearly when he is in such an emotional state.

[jafersadeq]

1. Do you really want them to cancel his leave?
2. I don't know. If she is a refugee in her own right, then she may be unaffected. But does she have the means to sponsor and support your son? He is not in an immigration position to sponsor and support himself, let alone her.

It's never a good idea to make decisions nor have arguments when one is angry.
Perhaps your son cannot also think clearly when he is in such an emotional state.

Dear vinny,
Believe me, I did my best to persuade him, his mum as well, he loves that girl, she changed him 100%, I want to cancel his leave because he was the reason for his mum heart attack, she is still in the hospital with many side effects, and he is with his girlfriend, they are very happy, and he did not think that he has a family.
I am not angry and I decided to cancel his leave to force him to go to our home country, but if he knows about my idea he will stick in this country and he will do something to stay, but I want him to leave the UK and to go back to our home country without coming back.
His girlfriend has her own right as a refugee, she has money only for her day, and without my support, they will eat grass.
There are two cases, the first if he registers his marriage, can I cancel his leave when I have a copy.
The second, if he does not register his marriage, can I cancel his leave, but I do not have any reason to tell HO.
In both cases, what shall I do to cancel his leave? his current leave expires in May 2020.

Please advise
Thanks

[vinny]

Don't worry about cancelling his leave. If they decide to get married, then the registrar is duty bound to refer the matter to the Home Office.

If they do not get married, then there is no need to do anything at the moment.

No need to burn bridges with him.

Have you met with the girl's parents?

I hope your wife will make a complete recovery.