Child over 18 adult dependent of a settled parent visa

[Malick786]

Hi

I have just been granted ILR after 6 years DLR on the basis of spouse of British citizen. I am PakistanI national and have a daughter who is over 18 years from my previous marriage. I applied previously for her but she was refused because I did not have settled status. Now that I have settled status can I apply her visa as an adult dependent of settled person. What are the chances. Upon searching I see post about parents but no children over 18 outside the U.K. and what is see is mostly it’s refusals.

On the UKBA website it is unclear which form and it says click link https://www.visa4uk.fco.gov.uk/User/Home if applicant is outside UK which leads to visas4u website and allows you to fill application online the category says child or other dependent of settled form.

My question is that is this the correct category. Also the UKBA website states I also need to fill another form VAF 4A appendix 1 ..https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/727572/vaf4a-appendix1-07-18.pdf . Also it says I will need to fill sponsorship form SI07.

My daughters immigration history;
Visit visa issued and she visited U.K. in 2009
After that
2 family visits refused . Last family visa appealed and appeal dismissed and
1 child dependent entry clearance visa refused in 2016. Appealed and dismissed in 2018.
Her grandparents passed away recently and she is presently living with my married sister in Pakistn who also has a 4 year child of her own.

My circumstances are;

My present wife is British by birth in U.K and receives DLA. I am her carer by do not claim any benefits. We have 3 children U.K. born 6,4 & 2. I work full time, pay morgage and bills. My wife doesn’t work. My parents passed away recently and I am suffering from depression.

Can you anyone advise on this what the chances of visa being granted?

Many thanks

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[vinny]

Unfortunately, as child is over 18, the chances of a refusal are now very high.

However, there may be hope, if it can be shown that the refusal was disproportionate?

... If under 18 the applicant succeeds under the Rules. If over 18 an applicant must show (as the Appellant in this case did) that there is a strong dependency on her parents, such that the legitimate aim of immigration control would mean that the interference in the Appellant’s private and family life was disproportionate.

[seagul]

Tier 4 visa might be a temporary option.

[Malick786]

Thanks Vinni... what category can I apply for her? The child dependent is for under or over 18 year old children in the U.K.? The adult dependent visa is for adults who require long term care?

What visa category can she apply in ?

Thanks

[vinny]

If she is 18 or over, then she cannot apply as a child dependant.

Why did the previous appeal fail?
Did she have representations at an oral hearing?
Did they consider Article 8 issues?

It's odd that they didn't grant child discretionary leave in line with parent.