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Dependant child turning major before decision

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Hsrsham1112
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Joined: Fri Aug 06, 2021 7:57 pm
India

Dependant child turning major before decision

Post by Hsrsham1112 » Fri Jan 13, 2023 2:56 pm

I have applied for a dependant child visa for my son in Dec 2022 (along with my wife) when he was 17 years old. In January 2023 he became a major and 18 years old. Will HMRC still consider only the application submission date when he was a minor and process his application as a dependant child or will they consider him an adult and not qualify for a dependant child visa?
I am a naturalised UK citizen applying for FM visa for spouse and child from non EU country

Theresa2022
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Joined: Sat Oct 02, 2021 5:01 am
Jamaica

Re: Dependant child turning major before decision

Post by Theresa2022 » Sat Jan 14, 2023 6:41 am

They only look at his age on the date when the application is submitted so he should not have any issues.

Hsrsham1112
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Joined: Fri Aug 06, 2021 7:57 pm
India

Re: Dependant child turning major before decision

Post by Hsrsham1112 » Sat Jan 14, 2023 3:43 pm

Theresa2022 wrote:
Sat Jan 14, 2023 6:41 am
They only look at his age on the date when the application is submitted so he should not have any issues.
Thats such a relief. Thanks a ton!
Now to just keep fingers crossed and wait for the decision

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Dependant child turning major before decision

Post by secret.simon » Sun Jan 15, 2023 10:58 am

HMRC won't even look at the application. It is not a tax application, is it?

If you meant the Home Office, the Home Office will look at the age as of the date on the application.

And if you are just applying for the dependent child a month before their 18th birthday, you left it a bit late, didn't you?

Keep in mind that the dependency and the immigration pathway ends at ILR.

As the child will be an adult, they will need to naturalise as a British citizen if they want to become a British citizen, and meet all the requirements of an adult (one year of ILR status, absences, physical presence, English language, LITUK, etc).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Hsrsham1112
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Posts: 12
Joined: Fri Aug 06, 2021 7:57 pm
India

Re: Dependant child turning major before decision

Post by Hsrsham1112 » Tue Jan 17, 2023 3:17 am

secret.simon wrote:
Sun Jan 15, 2023 10:58 am
HMRC won't even look at the application. It is not a tax application, is it?

If you meant the Home Office, the Home Office will look at the age as of the date on the application.

And if you are just applying for the dependent child a month before their 18th birthday, you left it a bit late, didn't you?

Keep in mind that the dependency and the immigration pathway ends at ILR.

As the child will be an adult, they will need to naturalise as a British citizen if they want to become a British citizen, and meet all the requirements of an adult (one year of ILR status, absences, physical presence, English language, LITUK, etc).
I meant the home office. Thanks for the reply Simon. Personal family circumstances prevented me from applying earlier
On my sons route to naturalisation, I understand that if he is on a family dependant visa (FM appendix) while he will need to meet all conditions as an adult, the absences of 180 days and above in a year during the 5 year period is not applicable? Can you advise on it?

secret.simon
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Posts: 11527
Joined: Thu Feb 21, 2013 9:29 pm

Re: Dependant child turning major before decision

Post by secret.simon » Tue Jan 17, 2023 9:30 am

Hsrsham1112 wrote:
Tue Jan 17, 2023 3:17 am
On my sons route to naturalisation, I understand that if he is on a family dependant visa (FM appendix) while he will need to meet all conditions as an adult, the absences of 180 days and above in a year during the 5 year period is not applicable? Can you advise on it?
The absences won't matter for immigration applications (upto and including ILR).

They will matter for naturalisation applications, just as they would for your spouse. Naturalisation is not a part of the immigration pathway, which ends at ILR. It has its own laws, regulations and requirements. And naturalisation has much stricter absence requirements as well.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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