life in the uk test requirement for dependent over 18

[Perfect 4]

Hi everybody,
My cousin applied for ILR in JUly 2012 and he received the response this week in which he was asked to produce life in the uk test qualification for his son who is dependent and above 18 years of age. now I am wondering wether dependent child over 18 has to produce this document or he is exempted. Please help with the rule link as he has been given only 28 days to respond. thanks a lot.

[cs95tdg]

According to the current rules his son would have completed a seperate application form (i.e. adult child, so therefore would not be listed as dependent in the fathers application), as he was over 18.

Yes, he will need to take the LITUK test for settlement as he is over 18. See... http://www.ukba.homeoffice.gov.uk/visas ... uage-life/

The following thread was posted by a parent who had an adult child apply for ILR. It may be a useful read: http://www.immigrationboards.com/viewtopic.php?t=107873

[Perfect 4]

First of all thanks very much for responding so quickly. secondly I forgot to mention the fact that he did his GCSE from UK and he is still a regular student in the college. Do you think still he will have to qualify the life in the uk test. Many thanks

[vinny]

Unfortunately, yes. Being a student and having GCSEs does not exempt him from the KOL requirement (319J(f)).

[Perfect 4]

thanks vert much Vinny, but let me explan you that I was looking at the Page 9 of 62 Guidance – Knowledge of language and life in the UK – version 11.0 Valid from 25 March 2013
Knowledge of language and life in the UK. I presumed this rule was carried forward from the previous years. if it was so then he does not need to provide such proof. Please comment.....

[vinny]

thanks vert much Vinny, but let me explan you that I was looking at the Page 9 of 62 Guidance – Knowledge of language and life in the UK – version 11.0 Valid from 25 March 2013
Knowledge of language and life in the UK.

Please provide link to the above Guidance document, so that we can be certain that we looking at the same one.

[Perfect 4]

sure its as under:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[vinny]

That's correct. KOL is not required, if your cousin's son was applying for ILR under 198.

Is your cousin not under the PBS-system? What was his immigration category prior to applying for ILR?

[Perfect 4]

He came UK under HSMP in 2007, he applied for ILR in July last year and got ILR last week but his son could not get that as he is above 18. he was above 18 when he applied in july 2012 and my cousin sent his son's application on a seperate application form but with his own application. Now case worker is asking for his KOL. Can you please give some link which could be helpful. Thanks

[vinny]

If your cousin had not switched to the PBS system prior to applying for ILR, then his son would be applying under 198. Then KOL isn't required. The links are in the preceding post.

[Perfect 4]

My cousin did not switch to PBS, as I said he came to uk on HSMP visa in 2007 and he had never been to the UK before that. I went through the 198 but it does not explain anything about KOL requirement. Can you please throw the light as I am not verymuch familiar with the terminology used in this paragraph. Many thanks

[vinny]

My cousin did not switch to PBS, as I said he came to uk on HSMP visa in 2007 and he had never been to the UK before that. I went through the 198 but it does not explain anything about KOL requirement. Can you please throw the light as I am not verymuch familiar with the terminology used in this paragraph. Many thanks

Exactly. 198 does not explain anything about the KOL requirement because KOL is not a requirement.

[Perfect 4]

Do you think it would be sufficient if we send the copy of this rule instead KOL pass certificate. Do you think there is no risk at all?

[vinny]

a dependent child of someone in an employment category that preceding the points-based system (listed in paragraphs 128-193 of the Immigration Rules, excluding paragraphs 135I-135K) or of someone who is here as a businessman, self-employed person, investor, writer, composer or artist (paragraphs 200-239 of the Immigration Rules). This includes children who are 18 or over when they apply.

If your cousin is eligible for ILR under 135GA, then his son is eligible for ILR under 198. 198 has no KOL requirement.

[Perfect 4]

Thanks very much, so nice of you Vinny

[Perfect 4]

I was looking at immigration rules, paragraph 319J(f) says dependent will need KOL qualification, please guide.

[vinny]

319J(f) is not applicable if your cousin is eligible for ILR under 135GA.

[Perfect 4]

My cousin has got his ILR last week but case worker did not grant visa to his son demanded his son's KOL proof. Vinny can you please mention a clear rule which can satisfy the case worker. I am sending you the link for the rule which I mentioned in my last message please have a look. thanks for your time and help actually my cousin is very much worried for his son.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[vinny]

As you previously stated, your cousin was not under the PBS system, but under HSMP.

Therefore, he was granted ILR under 135GA.
Therefore, his son is eligible for ILR under 198.
198 has no KOL requirements.
Therefore, his son is exempt from KOL requirements.

[Perfect 4]

I think there is some confusion, can you please explain what do you mean by "PBS" or "switch to PBS". thanks

[vinny]

PBS: Point-Based System.

[vinny]

Switched to PBS: changed from HSMP to Tier 1 (General) or another Tier.

If your cousin had switched to PBS prior to applying for ILR, then his son requires KOL for ILR. Hence, my previous questions.