ILR for over 18 dependent

[dunkelm]

My family (myself, wife, daughter & son) has just been granted status of ILR.
I have another dependant (22 yr.old daughter currently attending college in USA) who wasn't in country at time of application; therefore she couldn't apply for ILR with us. The Home Office customer service agent indicated our daughter in college could still apply for ILR status when she returns to UK for Christmas because she is still a dependant receiving financial support from her family while in college. She lived in the UK from 2005-2007 while attending an independent high school and has been in US college since August 2007. She received paid internship with a UK company during the summer of 2008, and returns to our home in UK for holidays and summer breaks. Is she eligible & likely to receive ILR status even though she doesn't reside full time in the UK? What documentation must we provide when she applies for ILR status to ensure a successful outcome? Additionally, she currently holds a UK identity card which was issued to each member of my family in August 2010 when I was granted Tier 2 work permit. Now that we have ILR status, how must she enter UK customs in December to maintain her status as a dependant rather than a visitor as that card she holds is no longer valid. Thank you for continued assistance!

[geriatrix]

Is the dependent visa still valid? Or has it expired?

Continuous residency in the UK is not a requirement when applying for settlement as a (child) dependent. I am aware of a case (one of the members of this forum) where an over 18 dependent was granted ILR even though the applicant (over 18 dependent) was normally resident in Canada (student) in the last 2-3 years preceding the application and used to visit UK during vacation(s) only. The ILR application was submitted during one such vacation, and granted.

See also Over 18 Dependent of Settled Person

This said, the immigration rules for settlement as dependant(s) of Tier 2 migrant seem to suggest that the settlement application needs to be made at the same time as the main migrant.

(b) The applicant must be the child of a parent who is, at the same time, being granted indefinite leave to remain as a Points Based System Migrant.

Do take into account that the ILR, if granted, may become invalid if the person stays out of UK for two years. See also returning residents.


regards