Parent of a British Child: Boarding School Abroad and Future ILR Application

[Thatguyj]

Hi All,

I’m about to apply for my final(4th) renewal as the parent of a British child, and I would really appreciate some advice from anyone who has been in a similar situation or has immigration experience.

My child visited my home country last year and has since been asking to attend school there. We are considering allowing my child to attend a boarding school abroad.

Of course, my child doesn’t understand anything about immigration, so I’m concerned about whether living abroad for school could have an impact on my future application for Indefinite Leave to Remain (ILR).

The plan at the moment is:

* My child to start boarding school abroad in September this year, after I receive my next 2.5-year visa.
* My child would return to the UK during every school-term holiday (approximately every 3 months).
* We would initially see how my child gets on for around 1–2 years.
* If my child changes their mind about studying abroad, I would bring my child back to the UK and continue schooling here.
* My child is also a citizen and passport holder of my home country.

I would really appreciate advice on the following:

1. What impact could my child attending boarding school abroad have on my future ILR application? My child would continue to return to the UK during every school holiday.
2. Are there any steps I should take or documents I should keep before(& during) my child starts boarding school, to make sure I can demonstrate that my relationship with and responsibility for my child has continued?
3. What documents or evidence would be useful to keep for a future ILR application?
4. Does my child need to have lived continuously in the UK for me to qualify for ILR as a parent? If my child is at boarding school abroad but returns to the UK during every term holiday, could that negatively affect my application?
5. Could the fact that I remain my child’s primary carer and that my child continues to live with me during all school holidays help demonstrate that our parental relationship and family life in the UK are continuing?
6. Would it make any difference that my child, a British citizen, has a UK home, and continues to spend school holidays with me in the UK?
7. Is there anything else I should consider now, before making this decision, that could potentially affect my future immigration status?
8. What documents do I need for ILR application?

I want to make sure I do everything correctly from the beginning and avoid creating any issues for my eventual ILR application.

I would be particularly grateful for advice from people who have dealt with a similar situation who can clarify the relevant requirements.

[CR001]

Your visa and ILR are based completely on the fact that you are the primary carer for the child WITHIN the UK.

If the child leaves for your home country to continue school, there is no reason the UKVI will believe you need a visa or ILR as you can of course also go to your home country.

Visiting for every other holiday doesn't make the child a resident.

Where is the child's other parent? Other family?

How old is the child?

[secret.simon]

Another factor to keep in mind is that, if your child plans to go to a university in the UK, in order for the child to qualify for student loans and Home Student status, they need to be resident in the UK for the three years immediately before the first day of the first year of the course.

Just to clarify, these requirements also apply to British citizens. So a British citizen who lives abroad most of the time would not meet this requirement unless they plan ahead and move back to the UK for the three years before the start of the course.

And obviously once they are on the course, they would need to be resident in the UK to actually attend the course.

So, if they are 14+ years of age, it may be best for the child to remain in the UK, if they plan to study in a UK university.