My Son ILR Application

[rafi_aamiri78692]

Hi,

Myself and my spouse have completed five years of residency in UK and got eligible for applying ILR in June 2021.

But my son aged 19 years was away from UK since two years and he use to visit UK twice a year on existing Tier-2 dependent visa.

While applying for ILR for me and my spouse is he eligible to apply for ILR as he was away for 2 years.

Please advise

Thank you

[zimba]

The absence limits apply however it seems he is leading an independent life and so may not qualify for ILR

[rafi_aamiri78692]

He was outside UK for his studies and all his expenses were taken care by me as my dependent.

Still his application will not be accepted.

If still no possibilities what are the other options available please advise

[zimba]

The rules say this:

‘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 fulltime (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.

So I'd say there is still hope. When was his lat visa issued and what are his absence periods? He may be able to get an extension

[vinny]

Children don’t have absence limits, apart from two continuous years. I think he should be okay. Don’t forget KoLL.