Tier 1 Visa - Dependents - need urgent help

[BrandyS]

Hi, I am hoping someone can assist me with a rather difficult problem. My husband is applying for a Tier 1 Visa. However my son is over 18 but still dependent on us and living at home and my daughter will be 18 in October. She is also still at school. How will this affect our visa and what do we do to get them included as dependents?

[niw2]

No need for a sad face, Brandy. Will one or both of your children be travelling to the UK in the next 12 months or will they be travelling later, when your daughter has finished school, for example?

[geriatrix]

As per immigration rules for dependents of Tier 1 migrants (para 319A-319K), a child must be under 18 years of age when he applies for leave to enter (entry clearance - from outside UK) as a dependent under Tier 1 category. See para 319F and 319H(c) of Immigration rules.

A dependent child, over 18 years of age, can apply for extension (leave to remain - from within UK) if he was granted entry clearance as a dependent under the same category (in this case, Tier 1) and that he 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 at the time of the extension application. See para 319H(c) and 319H(d) of Immigration rules.


regards

[BrandyS]

Thanks for the info, we want to take all our children with us when/if the Tier 1 (General) visa is granted but are worried about their ages which as I mentioned are 19 and one turning 18 in two months. How do I get around letting them come with us as I certainly can't leave them behind? Any further advice would be welcome.

[CoolestGuyC]

Another option is applying for a student Visa.