ILR FOR OVER 18 DEPENDANT

[indianajones]

I came into the UK on the verge of my 18th birthday under my Mum's HSMP
visa(Non JR, November 14th 2006) as her dependant.Within that period and now the natural transition to manhood has taken its toll, leaving in its wake some sense of responsibility and with it independence. I have successfully completed my degree and Masters programme here in the UK, and I am presently living and working in Birmingham while my Mum stays in Manchester.
"Our" application for ILR would be due in September (2011) and while it is crystal clear that I am no longer under 18 and will need to make a separate application, some questions have beclouded my thoughts viz:

1) Does the fact that I live and work in another city clog my chances of getting ILR with my Mum ? and if yes;
2)Do I need to move back in with my mum and forfeit my Job just to be termed "dependant" and thus boost my chances?
3) Summarily do I need to establish a dependant link with my mum, or continue with my job in Birmingham.

I am using this medium to solicit advice having seen how helpful it has been to people in situations like mine and as such would very much appreciate your generous contributions.

Thanks in advance.

[vinny]

Make sure that you are not leading an independent life.

[indianajones]

Make sure that you are not leading an independent life.

Thanks a million Vinny !! the link and the judicial precedents therein have not only enlightened me but has swayed my decision totally. Previously could not find a thread on the topic here. Once again thanks and God bless.

[indianajones]

The precedents laid on the underlying cases linked above and listed below for clarity, tend to levy some sort of concessionary grounds to the fact that an ILR dependant over 18 can indeed be working full time so far as he/she still does not show any detachment from the familly unit (i.e literally still lives with his mother or father).

NM ("leading an independent life") Zimbabwe [2007] UKAIT 00051
MI (Paragraph 298 (iii): "independent life") Pakistan [2007] UKAIT 00052

However, I have just stumbled upon some UKBA Guidance dated Nov 2009:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Does the provision of PAR 3 above deal with children still under 18 or extend to those over 18 at the point of applying for ILR?

I am just going the extra mile to see if I can cling to my JOB by any means while I have conceded to moving back to Manchester with my Mum and doing the commute to work. I need all the money I can gather to commit to Phd in September although my Mum will be paying the large chunk of it.

Thanks you all in advance for your advice in this issue.

[gidoc]

You need to show evidence of being partly dependent on 'mum'.
This can be
1.Regular money transfer- bank statements
2.Paying fees for your Univ education
3.Paying rental for your abode away from home
4.You do not have to live with her if you can show evidence of 1 and 3.

Check my previous posts which may have more insight for you.
Also remember to apply along with your 'mum' at a PEO.

Best wishes

[indianajones]

Thanks a lot Gidoc , that was insightfully relieving, at least I can keep my job. will start building on that. Thanks.