Tier 2 General PBS Child Age 18 years 10 months

[esree2000]

Hello, I am going to apply for my son as my dependents who is 18 years & 10 months. Will it be denied since he is little over 18?

If so, how it is possible to take him to UK with me?

[CR001]

https://www.gov.uk/tier-2-general/family-members

Family members

Your family members (‘dependants’) can come with you when you come to the UK on this visa. Your family members must have a visa if they’re from outside the European Economic Area (EEA) or Switzerland.

A ‘dependant’ is any of the following:

your husband, wife or partner
your child under 18
your child over 18 if they’re currently in the UK as a dependant

Read the guidance on dependant applications before you apply.

And point 117, page 21 of the PBS Dependent guidance.

https://assets.publishing.service.gov.u ... 1-2019.pdf

117. Children aged 18 or over who have not previously been granted leave as the family member of the PBS migrant cannot be granted leave as the family member of a PBS migrant.

[esree2000]

Thank you so much CR001!

I have also found information where it stays, if the dependent is over 18 but fully depend on the parent, unmarried and does not stay independently and live with the parents can apply as a "adult dependent" for the Tier 2 General.

Can you confirm this please?

[CR001]

I have not seen any such successes on the forum, for any of the visa routes. There was only one or two family immigration routes that were eventually successful after a 2 year long court battle.

[esree2000]

OMG! This means, I need to refuse my the job offer and not only that, i have paid visa application fees for me and my spouse and gonna lose those. Can we ask for IHS refund?

[CR001]

OMG! This means, I need to refuse my the job offer and not only that, i have paid visa application fees for me and my spouse and gonna lose those. Can we ask for IHS refund?

The success examples I have quoted above are also for a different visa category and the applications were submitted before the children turned 18, i.e. 17.5 years for example.

See below, Immigration Rules Part 8 - 319H

https://www.gov.uk/guidance/immigration ... ly-members

319H. Requirements for entry clearance or leave to remain

To qualify for entry clearance or leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, valid entry clearance, leave to enter or remain, or indefinite leave to remain, as:
(i) a Relevant Points Based System Migrant, or
(ii) the partner of a Relevant Points Based System Migrant.
or who has obtained British citizenship having previously held indefinite leave to remain as above.
(c) The applicant must be under the age of 18 on the date the application is made, or if over 18 and applying for leave to remain, must have, or have last been granted, leave as the child of a Relevant Points Based System Migrant or as the child of the parent who had leave under another category of these Rules and who has since been granted, or, is at the same time being granted, leave to remain as a Relevant Points Based System Migrant.
(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.
(e) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant parent.
(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless: