ILR for 20 year old dependant chid of my spouse

[Chucunchaca]

I'd be grateful for any advice or for any similar experiences that can be shared on this.

My partner will be applying for ILR on the 5 year route. Her son, who entered with her and on her visa as a dependant will be turning 21 soon. I have not been able to find any specific guidance on what constitutes "dependant" or indeed what is allowed or not allowed or what the evidential requirements are.

There is some very specific information in the Guidance for dependants of UK visa applicants (Tiers 1, 2, 4, 5), https://assets.publishing.service.gov.u ... 1-2019.pdf . Is this guidance likely to be applicable to spousal visas too? My confusion is compounded as I'm sure I have seen advice (possibly here) stating that no more than an "emotional" dependency is necessary. However, how one shows that I have no idea!

I'm confused also by the apparent reluctance of the Home Office to grant leave to a young adult who wishes to live in the same country as their family and work whilst showing no such reluctance in granting leave to someone who is quite happy to sit in their bedroom all day awaiting ILR so that they can claim benefits.

Any input would be really helpful.

Thanks again,

Mick

[JB007]

whilst showing no such reluctance in granting leave to someone who is quite happy to sit in their bedroom all day awaiting ILR so that they can claim benefits.

Any input would be really helpful.

And because of that and what the figures showed, the government said that they would stop "benefits being a magnet to the UK". They put through new Welfare Reform laws and Parliament voted to have the annual benefit cap to the UK's welfare bill so that many more reductions will have to be made in future.

Other EEA countries now give more benefits and the UK is still bringing in more of the benefits changes to make the UK unattractive to those who want benefits.

[CR001]

What visa does your partner and son hold exactly?

By dependent, the son must not be leading an independent life.

[Chucunchaca]

They entered on a spousal visa with Leave to Remain granted 2.5 years ago.

There is explicit guidance available under Tiers 1 - 5 which I highlighted and I don't see any reason why that should not apply in our case. That would mean that he should give up any work and make himself entirely dependant on ourselves.

However, I did have a look at some case law which tends to point away from such a hardline approach;

http://www.bailii.org/uk/cases/UKIAT/2007/00052.html

http://www.bailii.org/uk/cases/UKIAT/2007/00051.html

[CR001]

Tier 1-5 are different immigration rules to the visa they hold, so best not to read that and confuse yourself.

For ILR on form Set M, the son can apply with mother and it is clearly stated.either his own form or a separate form.

Set M guidance notes in link below.

https://webarchive.nationalarchives.gov ... -form-setm

Does he work full time?

Does he live with his parent?