For families in the UK, a child turning 18 can raise important questions about their immigration status. Does their dependant visa come to an end? Can they continue as a dependant? And what happens when they need to make their next application?
Turning 18 does not, by itself, prevent someone from continuing as a dependant. However, their age, previous immigration permission and personal circumstances become particularly important when a further application is made.
Can a Child Over 18 Continue as a Dependant?
Under Appendix Children, a dependent child must normally be under 18 when they submit their application.
However, applicants aged 18 or over may still qualify if they previously received entry clearance or permission to stay as the dependent child of the same parent or parents.
Their previous permission must normally still be valid when the new application is made or have expired no more than 14 days before the application, subject to the exceptions provided for in the Immigration Rules.
This means that a child who already has dependant status does not necessarily lose the ability to continue as a dependant simply because they turn 18.
What Does “Leading an Independent Life” Mean?
Age is not the only consideration. A dependent child must also meet the requirement of not leading an independent life, regardless of their age.
Home Office guidance explains that this means the applicant must not have a partner and must normally live with their parent or parents.
An exception applies when the applicant lives elsewhere while undertaking full-time education. This may include attending boarding school, college or university away from the family home. Students may also live in university or shared accommodation without necessarily leading an independent life.
What if Their Circumstances Change After Turning 18?
For an adult child continuing as a dependant, their circumstances remain important. They must continue to satisfy the independent life requirement as well as any additional requirements of the immigration route under which they are applying.
For example, living away from the family home while attending college or university as part of full-time education does not, by itself, mean that the applicant is leading an independent life. However, changes to their relationship or living arrangements could affect whether this requirement continues to be met.
What Happens When Applying for Settlement?
Turning 18 does not necessarily prevent a dependent child from applying for settlement. Generally, an applicant must have previously held permission as the dependent child of a settled parent. This can also apply when the parent receives settlement at the same time as the child. A UK-born child may also apply as a dependant if their parent has or receives settlement.
There are additional provisions for particular immigration routes. For example, on the UK Ancestry route, an applicant aged 18 or over must have previously held permission as a dependent child of one of their parents on that route. Separate requirements also apply to dependent children under the HM Armed Forces, Bereaved Partner and Victim of Domestic Abuse routes.
As settlement requirements depend on the route and the family’s circumstances, the relevant rules should be checked carefully before an application is made.
Conclusion
Turning 18 is an important stage for a child who currently holds a UK dependant visa. Whether they can remain a dependant will depend on their previous immigration permission and current circumstances. They must also meet the independent life requirement and the rules of their immigration route.
As the requirements can differ depending on the route and the family’s circumstances, it is important to check the relevant Immigration Rules before making an extension or settlement application.
If you are unsure how turning 18 may affect your child’s dependant status, contact Morgan Smith Immigration on 0203 959 3335 or email us at [email protected].
