Is 180-day absence rule binding for dependent Child over 18?

[JimLim]

It will be time for me to apply for ILR based on 5 years WP+HSMP+T1. My daughter will be over 18 at that time. According to UKBA instruction, she would need to submit the application with me but on a seperate SET(O) form. She was 13 when we first arrived UK. My daughter went back home country to be with grandparents for every summer and winter so the total absence days are over 180 over the past 5 years. Will this negatively affect her ILR application?

Many thanks.

[dimsav]

No. Although she will be applying on a separate SET(O) form, this is still joint application for which all dependants just follow the status of the main applicant (i.e. yours). Note that the immigration rules do not say anything about dependants' absences from the UK, just require them to live in the UK by the day of application (if WP/HSMP) or for 2 years before that day (if Tier 1/2).