over 18 dependent

[Evelyn]

Glad to have stumbled across this site, hope somebody can help me..

I'm 20 years old. I came on a visitors visa to join my mother in the UK in 2001(i was 16). My mother had been on a work permit since 1999. Before my visitor visa ran out we enquired about making an in country application that would allow me to stay here as my mother'd dependent on her work permit.(We sought advice from the home office who said this type of application was possible) the application process took so long, at the end of it all the home office denied the application. we were told to attend a hearing with the immigration and assylum tribunal 2 months ago. the judge dismissed the appeal. we then appealed for a reconsideration of decision and we have just received the refusal today.the problem they say is i did not have the required entry clearance when i entered the UK. my mother now has ILR.

the only option left is to appeal to the high court. that leaves me in a bit of a dilemma: do i pay the £400 fee required, do i have a chance of succeeding in the high court or should i go back to Zimbabwe and apply for a settlement visa? I am so desperate, please help. i have also sought help from my MP who has made a recommendation to the home secretary but we haven't had any response. Over the past 4 years i have completed high school and have secured a place at university. right now i am just sitting at home , hoping and waiting for this issue to be resolved...


please help...What is my best bet?

[Chess]

I am afraid the appeal the high court will not succeed.

the reason as stated at the IAT is that you should have had entry clearance as a depedant of a workpermit holder (your mother).

Going back to Zim and applying as a depedent of your mother will not succeed because you are now over 18 years old.


My suggestion is that you should get your university admission letter and go back to Zimbabwe and apply for student Visa - now that your mother has ILR and presumably financially sound; she should be able to sponsor your studies etc...


it may look like a 'risky' move but you will not succeed fighting for a right to stay in the country given that your initial entry was as a visitor and not depedant

Good Luck

[Evelyn]

Hie Chess,

Thanks for responding.

What chances do i have if i go back to Zimbabwe and apply for a settlement visa? is there no provision for dependants over 18? i have been brought up in a single parent family and i have lived in the UK for the past 4 years while my matter was being considered by the home office. will they take that into account?

[Chess]

Hie Chess,

Thanks for responding.

What chances do i have if i go back to Zimbabwe and apply for a settlement visa? is there no provision for dependants over 18? i have been brought up in a single parent family and i have lived in the UK for the past 4 years while my matter was being considered by the home office. will they take that into account?

Unfortunately, IMHO you are not eligible for a settlement visa - there is no provision for depedants over 18.

please check the immigration rules - I think my advise as suggested in the above post still holds water

[Evelyn]

CHAPTER 15 - ENTRY FOR SETTLEMENT: PARENTS, GRANDPARENTS, OTHER DEPENDENT RELATIVES

15.1 - The categories of dependent relatives (Rules Paragraph 317)
The requirements to be met by a person seeking indefinite leave to enter or remain in the UK as the parent, grandparent or other dependent relative of a person present and settled in the UK are that the person is related to a person present or settled in the UK in one of the following ways:



(a)mother or grandmother who is a widow aged 65 years or over; or

(b)father or grandfather who is a widower aged 65 years or over; or

(c)parents or grandparents travelling together provided that at least one is aged 65 or over; or

(d)parents or grandparents aged 65 years or over who have remarried but cannot look to the spouse or children of the second marriage for financial support, provided the UK sponsor is able and willing to maintain any person admissible as a dependant of the second marriage; or

(e)parents or grandparents under the age of 65 years if living alone outside the UK in the most exceptional compassionate circumstances; or

(f)sons, daughters, sisters, brothers, uncles or aunts over the age of 18 living alone outside the UK in the most exceptional compassionate circumstances and mainly financially dependent on relatives settled in the UK.

i am hoping that the last paragraph gives me a glimmer of hope?

[MWazir]

(f)sons, daughters, sisters, brothers, uncles or aunts over the age of 18 living alone outside the UK in the most exceptional compassionate circumstances and mainly financially dependent on relatives settled in the UK.

At best that gives you a long shot. You can search the forum for posts by 'Dip'. He wanted his parents as his dependents while he was on a work permit. I think his parents were below the age 65. Based on compasionate grounds and extenuating circumstances, he succeeded. That will give you a rough idea of what it entails going through this route.
Unfortunatly it will be a lot more diffcult to prove financial dependence for a 20 year old son than it is for 60+ parents.

1. I find it a bit strange that while your mother was on a Work Permit, you came to this country on a visitor's visa. Why didnt you come into the county as a dependent in the first place, unless your trip itself was intended as a short term visit.
2. Is there any particular reason you chose not to go back to your country and then apply as her dependent?
3. I know you mentioned enquiring with the HO before the expiry of your visa. Was your visa still valid, when the application reached the HO?

I would strongly suggest going the proffesional route. Your case is hardly DIY territory. As Chess suggested, consider getting yourself a student visa and coming back here. Its far more straight forward coming here as a student, and then hopefully getting yourself a job as a skilled immigrant than to go through this route.

[Evelyn]

hi mwazir, thanks for replying.

..well i have been brought up by a single parent and have hence always been dependent on her, financially and otherwise. to answer your questions:

1.my intended visit was meant to be short term but around the time i came that was when things in zimbabwe took a turn for the worst so my mother thought it best that i did not go back there.

2.i did not choose not to go back and reply as a dependent. we were told that the application could be made here so we took that route.

3. yes my visitor via was still valid when the application reached the HO.

I do appreciate that the setlement visa route is not an easy one but if i were to come back here as a student i wouldn't afford the fees expected from international students.

[Chess]

I do appreciate that the setlement visa route is not an easy one but if i were to come back here as a student i wouldn't afford the fees expected from international students.

The settlement route is nigh impossible - you have to produce extensive documentary evidence that you are solely depedant on your mother and that you have no family or other relative in Zim who can support you.

Regarding student Visa. make sure you have sufficiebnt funds when applying for Visa to satisfy ECO in Harare. In practyise when you come bback to UK; you will pay home office as you have been in the country for 3 years........(

depends on university or your LEA...

good luck whichever route you choose...

[artlessjade]

I entered the UK as a dependent of my father who is on a work permit and will be eligible for ILR on 27 July 2006. I am now 19 and was recently granted extension of stay for one year on the grounds that although I am over 18, I am still dependent financially on my parents and am still in full time education. I know that I can also apply for ILR on 27 July 2006 but I have to do so on a separate application form to my family since I am over 18. I start Uni in september, is there any chance that my application for ILR will succeed.( I have lived with parents all my life, don;t have any relatives left in my country, never worked and will hope to do zoology at Imperial College London, from whom I have an offer letter). I will turn 20 two weeks after applying.
Please help, this is really stressing me out.