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Absences of over 18 Yr child - unique situation

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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farah
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Posts: 131
Joined: Tue Aug 29, 2006 2:41 pm
Location: UK

Absences of over 18 Yr child - unique situation

Post by farah » Tue Apr 12, 2011 5:53 pm

Comments and advice is solicited from seniors/moderators on this unique situation of absences of over 18 year’s dependent child=

Facts = Child entered UK with main applicant on 3 Dec 2006 when he was 16 years of age. The child went back to home country on 25 Dec 2006 to complete academic session. Appeared in GCSE exam in May/June 2007 and after exam came to UK in June 2007 - after 6 months of absence. Since then till date the child is in full time education in UK and no further absence. Indefinite leave of family is to be applied in Nov.2011 and now that dependent child is over 18 years and a separate SET(O) application is to be filed which requires to list absences.

Since that absence is more than 3 months that is why the family is bit worried. The latest instruction on absences provides to ignore these on compelling companionate grounds. I think aforesaid situation is covered in that.
Any comment/advice?
Last edited by farah on Tue Apr 12, 2011 10:47 pm, edited 1 time in total.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Apr 12, 2011 10:01 pm

Should be okay. What are the instructions for absences? I think that they refer to the main applicant (parent) only. The main thing is that he's not leading an independent life, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

farah
Member
Posts: 131
Joined: Tue Aug 29, 2006 2:41 pm
Location: UK

Post by farah » Tue Apr 12, 2011 10:32 pm

These are modernised guidance at

http://www.ukba.homeoffice.gov.uk/sitec ... inuous.pdf?

titled "Indefinite leave to remain - calculating continuous period in UK" under the category " Other cross cutting information".

vinny
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Posts: 32954
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Apr 12, 2011 10:50 pm

vinny wrote:I think that they refer to the main applicant (parent) only.
I think that they are applicable to the main applicant (parent) only, as referenced by the specific paragraphs of the immigration rules.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

farah
Member
Posts: 131
Joined: Tue Aug 29, 2006 2:41 pm
Location: UK

Post by farah » Wed Apr 13, 2011 8:26 am

vinny wrote:
vinny wrote:I think that they refer to the main applicant (parent) only.
I think that they are applicable to the main applicant (parent) only, as referenced by the specific paragraphs of the immigration rules.
Thanks vinny - Your replies/reference sounds very appropriate

gidoc
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Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Wed Apr 13, 2011 10:01 pm

The principal applicant's absences are only looked at and not dependents', even if over 18.
best wishes

dimsav
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Posts: 210
Joined: Mon Apr 12, 2010 12:52 pm

Re: Absences of over 18 Yr child - unique situation

Post by dimsav » Wed Apr 13, 2011 11:44 pm

Any dependant just follows the status of the main applicant.
There is no restriction imposed on dependant's absences (who is required to have been living with you in the UK at the time of application though; for a spouse -- for 2 years). "No independent life for over 18 child" is important.

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