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Absences of over 18 Yr child - unique situation

Posted: Tue Apr 12, 2011 5:53 pm
by farah
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?

Posted: Tue Apr 12, 2011 10:01 pm
by vinny
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.

Posted: Tue Apr 12, 2011 10:32 pm
by farah
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".

Posted: Tue Apr 12, 2011 10:50 pm
by vinny
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.

Posted: Wed Apr 13, 2011 8:26 am
by farah
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

Posted: Wed Apr 13, 2011 10:01 pm
by gidoc
The principal applicant's absences are only looked at and not dependents', even if over 18.
best wishes

Re: Absences of over 18 Yr child - unique situation

Posted: Wed Apr 13, 2011 11:44 pm
by dimsav
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.