ILR as a dependend when over 18 years of age.

[tanusha-tomsk]

Could you please advise on my situation regarding Indefinite Leave to Remain. I am currently 18 and will be 20 when I will apply for ILR as a dependand.

I came to the UK at the age of 15 (in 2003) as my mothers dependand. I have been studying at a school for 3 years and I have secured a place at a university in Britain for September 2006. However, we couldn't afford to pay foreign fees so I deferred my place for 2 years until 2008 when we should get ILR. I plan to work full time during this "double Gap Year" and earn at least 18 thousand pounds in total to pay for university. I plan to live with my mother (UK work permit holder) throughout that time.

Would my application as a dependand be rejected if I worked full time for 2 years, inspite living with my mother and holding a university place for 2008?

Do I have to be in full-time education to be "financially dependand"? How much should I study and how little should I work to receive IRL?

One last question: I have not been studying since I left school in July last year. I went to my home country for 1 month and worked full time for 2 months. Have I ruined my chances of getting ILR as a dependand?


Thank you for any advice.

[capricorn22]

You should not work if you want to get your ILR and, better still, be in full time education at your high school.Of course, no recourse to public funds and no marriage.(Immigration Directorates' Instructions, Chapter 5, Section 9, §3).

[pumkin]

Could you please advise on my situation regarding Indefinite Leave to Remain. I am currently 18 and will be 20 when I will apply for ILR as a dependand.

I came to the UK at the age of 15 (in 2003) as my mothers dependand. I have been studying at a school for 3 years and I have secured a place at a university in Britain for September 2006. However, we couldn't afford to pay foreign fees so I deferred my place for 2 years until 2008 when we should get ILR. I plan to work full time during this "double Gap Year" and earn at least 18 thousand pounds in total to pay for university. I plan to live with my mother (UK work permit holder) throughout that time.

Would my application as a dependand be rejected if I worked full time for 2 years, inspite living with my mother and holding a university place for 2008?

Do I have to be in full-time education to be "financially dependand"? How much should I study and how little should I work to receive IRL?

One last question: I have not been studying since I left school in July last year. I went to my home country for 1 month and worked full time for 2 months. Have I ruined my chances of getting ILR as a dependand?


Thank you for any advice.

When do you turn 19? If it is after September, perhaps you should look at doing a year course at a college. Just find out what the entry requirements are first, I think you need to be 18 on date of application or somethingy like that.

But in the Policy instructions it does state that ILR must not be soley refused because a dependent has turned 18 before their ILR application. If the child entered the country as a dependent, with a view to settlement, then their application must be treated the same as the main visa holder:

2.3. After entry
Although not specified in HC 395, applications for leave/further leave to remain made by or on behalf of children should also be decided in the light of the circumstances existing at the time of decision. Once again though, even where a child is over 18 at time of the decision, if the application was lodged before he reached the age of 18, it should be decided as if he were still under 18.
Where a child who was given leave to enter or remain with a view to settlement under Paragraph 302 applies for settlement (or further leave to remain with a view to settlement) on the basis of his parents' application/status, the fact that he has reached the age of 18 since being granted limited leave with a view to settlement is not a basis for refusing the application.

[tekaweni]

My son's situation was very similar to yours - he entered the UK as a 15 year old dependant on my work permit, finished school, turned 18 and was working full-time on his gap year at the time of applying for ILR. Like you, he had deferred starting uni to avoid the foreign-student fees.

We both had no problems obtaining ILR, this was in early 2005. I dont know if the rules have changed since; hopefully someone more knowlegable in this regard will add to this thread.

You could also get the advice of an immigration solicitor who most likely would be able to give you a definitive answer in minutes.

Good luck!
Kim

[Saloman]

Dear Kim.

I have similar situation coming in soon for my son and seek your advice.

Did you apply seperately for your son on form FLR(S) or he was included in your application?

Did you mention that he was under full time employment?

Would appriciate your help.

[tekaweni]

Hi Saloman,

I took the same-day-decision option when applying for ILR (Croydon), and had a solicitor put in both our applications together as a family. If yours is a straightforward case I'd recommend doing the same.

I dont think my son had to even sign anything, let alone fill in a form - my solicitor filled in the form, I signed it and handed over the supporting documentation/passports, he sent his courier down to Croydon on the day and that was that.

The solicitor had told me that as my son had come in on a visa 'leading to settlement' as a minor (ie under 18) there would be no problem, and there wasnt. It did not matter whether or not he was a student - it was MY status as the work-permit holder that mattered. Ditto for bank statements, didnt want to see family's - only mine.

I'd strongly suggest you spring for the dosh and get a reputable solicitor handle your application(s). Peace of mind CAN be bought!

[tanusha-tomsk]

When do you turn 19? If it is after September, perhaps you should look at doing a year course at a college. Just find out what the entry requirements are first, I think you need to be 18 on date of application or somethingy like that.

But in the Policy instructions it does state that ILR must not be soley refused because a dependent has turned 18 before their ILR application. If the child entered the country as a dependent, with a view to settlement, then their application must be treated the same as the main visa holder:

2.3. After entry
Although not specified in HC 395, applications for leave/further leave to remain made by or on behalf of children should also be decided in the light of the circumstances existing at the time of decision. Once again though, even where a child is over 18 at time of the decision, if the application was lodged before he reached the age of 18, it should be decided as if he were still under 18.
Where a child who was given leave to enter or remain with a view to settlement under Paragraph 302 applies for settlement (or further leave to remain with a view to settlement) on the basis of his parents' application/status, the fact that he has reached the age of 18 since being granted limited leave with a view to settlement is not a basis for refusing the application.

Thanks for your help. I turn 19 this April, and the rules state that I will be granted ILR in 2008 if I am *still* financially depedend on my mother, inspite being over 18. That generally means that I can't get married, I can't move out of the house, and I shouldn't work full time because that would make me financially independend. This is what I'm worried about because I am taking 2 gap years instead of just one and was going to work full time. I've been recently advised that I should do a year long course from September (we are applying in may 2008) just in case. I wish I knew exactly what the rules were - i.e. what exactly makes me financially independend...

[tanusha-tomsk]

My son's situation was very similar to yours - he entered the UK as a 15 year old dependant on my work permit, finished school, turned 18 and was working full-time on his gap year at the time of applying for ILR. Like you, he had deferred starting uni to avoid the foreign-student fees.

We both had no problems obtaining ILR, this was in early 2005. I dont know if the rules have changed since; hopefully someone more knowlegable in this regard will add to this thread.

You could also get the advice of an immigration solicitor who most likely would be able to give you a definitive answer in minutes.

Good luck!
Kim

Thanks, that's very promosining for me! However, the rules have changed in one respect - the work permit holder has to have been here for 5 years not 4 prior to the application. That means that unlike your son I have to take 2 gap years, and whilst it's reasonable to take a break from studying for one year, two years might be pushing it.
I'm especially worried about what documents we will have to present. I have a National Insurance number so the authorities will be able to check how much I've earned (I'm paying tax on the amount). I don't want this to compromise my situation! Was there anything else they've asked you during your application process?

[tekaweni]

Nope they didnt really appear to care about my sons situation, in fact doing the same-day-decision thing probably only gives them a few minutes to process each application.

Do it through a solicitor, if it's London they send their rep along to Croydon with a batch of applications all pre-checked and (I think) if theres nothing obviously wrong they just stamp them through. Thats the impression I got anyway. My solicitor's rep was back from Croydon in under two hours. It seemed pretty routine.