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Would a dependent child be able to get ILR if they go abroad for university?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Adeeb546
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Would a dependent child be able to get ILR if they go abroad for university?

Post by Adeeb546 » Wed Oct 02, 2024 12:12 am

I am a dependent child on my father's Tier 2 visa and arrived in the UK on September 17 2021. I am now planning to go to university for an undergraduate degree. However, after recently finding out I do not qualify for home fee status and would have to pay international student fees instead (which I cannot afford), I am looking at options to study my full time university course abroad.

My question is, would I be eligible for an ILR/ British passport later on given I would not be living an independent life and my family still lives in the UK and my parents receive their ILR? Would there be anything I could do to ensure I am eligible for ILR? What would be the best course of action for me here?

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zimba
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Re: Would a dependent child be able to get ILR if they go abroad for university?

Post by zimba » Wed Oct 02, 2024 2:24 am

I do not see an issue as long as you maintain a valid visa throughout your absence from the UK. There are also no absence limits for children. Note that If you lose your visa, you cannot return as you are over 18.

The rules say:
‘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 paragraph GEN.1.2.
of 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.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

secret.simon
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Re: Would a dependent child be able to get ILR if they go abroad for university?

Post by secret.simon » Wed Oct 02, 2024 10:00 am

ILR and British citizenship are two completely different areas and have different laws. British citizenship is not a part if the immigration pathway, which ends at ILR.

As you'll be over 18, you will need to meet all the requirements of naturalisation, including limits on absences over five years and one year, physical presence in the UK at the start of the five year period, English language test and LITUK test, etc.

Your dependent status ends at ILR. Long absences from the UK will push back your naturalisation application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
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Re: Would a dependent child be able to get ILR if they go abroad for university?

Post by vinny » Wed Oct 02, 2024 11:53 am

Return before expiry of leave. Keep returning to the UK during holidays from study. Don’t spend more than 2 continuous years outside the UK.
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