British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   Step son dependent visa (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/step-son-dependent-visa-947762/)

booogg Apr 18th 2023 4:59 am

Step son dependent visa
 
My wife and step son have recently come to the UK on partner / dependent 2.5 year settlement visa's. My step son is 17. Would he be eligible to apply to extend his dependent settlement visa for a further 2.5 years in 2025? He will be 19 then.

BritInParis Apr 18th 2023 8:13 am

Re: Step son dependent visa
 
Yes.

booogg Apr 18th 2023 8:43 am

Re: Step son dependent visa
 
He can apply for the second 2.5 year dependent settlement visa when he's 19? He just has to be under 18 on the initial dependent settlement visa application? It's of great concern to us, let me know, would really appreciate the clarity. Thanks!

BritInParis Apr 18th 2023 12:02 pm

Re: Step son dependent visa
 
Correct. Providing he starts the process whilst under 18 then he can continue to ILR as your dependant providing your period of residence isn’t broken and he doesn’t form an independent household, i.e. marry and have children of his own.

booogg Apr 18th 2023 4:12 pm

Re: Step son dependent visa
 
Thank you very much for your help, it's really appreciated :thumbs_up:

booogg Apr 20th 2023 1:35 am

Re: Step son dependent visa
 
I was wondering what the rules would be if he was to go to university (paying international fee's) during ILR as a dependent? Would he be able to move out of the family home to another city living in student accommodation during ILR as our dependent? Or would he need to stay in our home the full 5 years of ILR before applying to university?

BritInParis Apr 20th 2023 8:53 am

Re: Step son dependent visa
 
University attendance is explicitly permitted in those circumstances.


If a dependent child is not living with the family unit due to attending school, college or university, you will need to see further evidence the child is not leading an independent life. If the dependent child is living at a separate address, you must be satisfied this is due to study elsewhere. Evidence of this can include:
• official confirmation of their studies from their school, college or university
• evidence that they are being financially supported by their parents up to the
point they are applying (for example, evidence covering a 3-month period prior to the application)

booogg Apr 20th 2023 11:38 pm

Re: Step son dependent visa
 
Thank you again for your guidance! This is incredibly helpful :thumbs_up:

booogg Sep 21st 2024 3:02 am

Re: Step son dependent visa
 

Originally Posted by BritInParis (Post 13187845)
University attendance is explicitly permitted in those circumstances.

Due to the high cost of international fee's for university on top of visa costs over the same period, we've come to the conclusion the most practical option would be for my step son to go to a local(ish) university - Hull and remain living with us to save on living costs of him living away. After his A levels next year, he's taking a year off to work full time and save to help contribute to the £19.5k annual fee's when he goes to university in Sept 2026. We need to apply for the 2.5 year spouse / dependant visa extensions later in 2025 for my wife and son - when he'll be working full time and living with us. He'll still be earning under 50% of our combined income (he would earn about £20k a year, ours combined is £64k a year), I just wanted to check - 1. This situation (Age 20, working full time, but still living with us, earning under 50% of our income) is compliant with him being considered a dependant, and 2. What evidence is applicable for this situation). Any guidance appreciated!

BritInParis Sep 21st 2024 5:37 am

Re: Step son dependent visa
 

Originally Posted by booogg (Post 13276721)
Due to the high cost of international fee's for university on top of visa costs over the same period, we've come to the conclusion the most practical option would be for my step son to go to a local(ish) university - Hull and remain living with us to save on living costs of him living away. After his A levels next year, he's taking a year off to work full time and save to help contribute to the £19.5k annual fee's when he goes to university in Sept 2026. We need to apply for the 2.5 year spouse / dependant visa extensions later in 2025 for my wife and son - when he'll be working full time and living with us. He'll still be earning under 50% of our combined income (he would earn about £20k a year, ours combined is £64k a year), I just wanted to check - 1. This situation (Age 20, working full time, but still living with us, earning under 50% of our income) is compliant with him being considered a dependant, and 2. What evidence is applicable for this situation). Any guidance appreciated!

Living at home with you will certainly make the application easier however working full-time is typically not permitted.

When was his current visa issued and when is it due to expire?

booogg Sep 21st 2024 6:00 am

Re: Step son dependent visa
 
Ah ok, relieved I asked then. His dependant visa was issued April 2023 when he was 17 and expires December 2025, and apply for the 2.5 year extension at that time.

Is part time work permitted? Would there be an expectation he be in full time education if living with us age 20 when we apply for the 2.5 year extension. Or would him simply being in part time work and living with us be permitted? The thinking of the gap year at home is to give us some breathing room to prepare for the £19.5k annual international fees. He would have ILR by 2028, so if he started university Sept 2026, presumedly his final year in 2028 he'd be entitled to home fee's which would make things easier.

booogg Sep 21st 2024 9:33 am

Re: Step son dependent visa
 

Originally Posted by booogg (Post 13276748)
Ah ok, relieved I asked then. His dependant visa was issued April 2023 when he was 17 and expires December 2025, and apply for the 2.5 year extension at that time.

Is part time work permitted? Would there be an expectation he be in full time education if living with us age 20 when we apply for the 2.5 year extension. Or would him simply being in part time work and living with us be permitted? The thinking of the gap year at home is to give us some breathing room to prepare for the £19.5k annual international fees. He would have ILR by 2028, so if he started university Sept 2026, presumedly his final year in 2028 he'd be entitled to home fee's which would make things easier.

Another possibility we were considering was him doing a lower cost (£10k annual) distance learning business BSc with Falmouth uni, studying from home (accelerated 2 year full time online BSc) starting in September 2025 (as oppose to taking a gap year), along with a part time job over those two years while at home with us. On completion of that course in September 2027 he'd then do the on campus sport BSc he really wants to do in Hull. Would give us some breathing room, and would mean only paying 1 year at international fee's in 2027, then once he has ILR in 2028, he can pay UK home fee's for years 2 & 3. Would that all permitted under his dependant visa?

Also in this scenario he was wanting to work full time hours over the summer 2025 after his A levels in June until the start of his distance learning BSc in September. Are short periods (2-3 Months) of full time work over academic breaks permitted for dependants?

christmasoompa Sep 21st 2024 10:10 am

Re: Step son dependent visa
 

Originally Posted by booogg (Post 13276763)
Another possibility we were considering was him doing a lower cost (£10k annual) distance learning business BSc with Falmouth uni, studying from home (accelerated 2 year full time online BSc) starting in September 2025 (as oppose to taking a gap year), along with a part time job over those two years while at home with us. On completion of that course in September 2027 he'd then do the on campus sport BSc he really wants to do in Hull. Would give us some breathing room, and would mean only paying 1 year at international fee's in 2027, then once he has ILR in 2028, he can pay UK home fee's for years 2 & 3. Would that all permitted under his dependant visa?

Also in this scenario he was wanting to work full time hours over the summer 2025 after his A levels in June until the start of his distance learning BSc in September. Are short periods (2-3 Months) of full time work over academic breaks permitted for dependants?

Is that really worth it? £20k for 2 years of a distance degree, then £19.5k international fees, then £18.5k home fees for years 2 and 3 of his second degree = £58k. Whereas 3 years at £19.5k = £58.5k so a saving of just £500 for two years extra study? Add in the costs of those two years i.e. textbooks, travel, etc, and I'd think that would cost more in the end than just doing the 3 year degree as an international student.

But have you checked with the uni that he would definitely have to pay international fees? If it's a less popular uni then they're often very lenient with home fee status, we have lots of friends who were expecting to pay international fees but didn't have to. When we were looking for my daughter and enquiring it was very dependent on the university. About half said she'd have to pay international fees, and generally it was the more popular/more highly regarded ones that said that i.e. Russell Group.

booogg Sep 21st 2024 12:06 pm

Re: Step son dependent visa
 

Originally Posted by christmasoompa (Post 13276765)
Is that really worth it? £20k for 2 years of a distance degree, then £19.5k international fees, then £18.5k home fees for years 2 and 3 of his second degree = £58k. Whereas 3 years at £19.5k = £58.5k so a saving of just £500 for two years extra study? Add in the costs of those two years i.e. textbooks, travel, etc, and I'd think that would cost more in the end than just doing the 3 year degree as an international student.

But have you checked with the uni that he would definitely have to pay international fees? If it's a less popular uni then they're often very lenient with home fee status, we have lots of friends who were expecting to pay international fees but didn't have to. When we were looking for my daughter and enquiring it was very dependent on the university. About half said she'd have to pay international fees, and generally it was the more popular/more highly regarded ones that said that i.e. Russell Group.

Yeah I had done the same calculation, it would be the same cost. Though it would give some breathing room to pay for it over 5 years as oppose to 3 years. £58.5k uni fee's plus probably around another £20k visa costs for extensions, then ilr, then naturalisation for my wife and step son. It's a lot to cover over the same 3 year period. He would also have two degree's though, one in sports and exercise, one in business, may give him broader career options. The other option would be a post grad of course.

What was the circumstances with your daughter at the time she applied to university? Did she have settled status? Was she ordinarily resident in uk for previous 3 years? My step son won't have settled status until 2028, and would have only been in UK 2.5 years by September 2025. Ill speak to Hull uni, see what they say. Would be nice if that was the case.

BritInParis Sep 21st 2024 12:43 pm

Re: Step son dependent visa
 

Originally Posted by booogg (Post 13276748)
Ah ok, relieved I asked then. His dependant visa was issued April 2023 when he was 17 and expires December 2025, and apply for the 2.5 year extension at that time.

Is part time work permitted? Would there be an expectation he be in full time education if living with us age 20 when we apply for the 2.5 year extension. Or would him simply being in part time work and living with us be permitted? The thinking of the gap year at home is to give us some breathing room to prepare for the £19.5k annual international fees. He would have ILR by 2028, so if he started university Sept 2026, presumedly his final year in 2028 he'd be entitled to home fee's which would make things easier.

To quote the guidance:


To qualify under Part 8 or Appendix FM of the Rules, at the time of application and decision, a child must:
  • not be married and not in a civil partnership, and not at any previous time have been married;
  • not currently be in or have previously formed a relationship with another person (such as a common-law or homosexual relationship) which could be said to be the equivalent of being married, except for name and legal recognition;
  • still be living with his parent(s) and any brothers and sisters who are living with their parent(s), (except where he is at boarding school as part of his full-time education);
  • not be employed full-time or for a significant number of hours per week (although the obtaining of a “Saturday” job or a temporary job during his school holidays should not be counted against him); and
  • be wholly or mainly dependent upon his parent(s), (or relative other than parents, if appropriate), for both his financial and emotional support.



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