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Dependent child may want to study in the UK

Dependent child may want to study in the UK

Old Jun 8th 2013, 11:25 pm
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Default Dependent child may want to study in the UK

Hi, I have just submitted our residency application, so this question is based on the off chance it is approved. If my son were to decide to go to uni in the UK, where would he stand when we apply for PR in two years?

On the application form for PR it only asks about the Principal Applicant, but the operational manual seems to suggest otherwise.

Any thoughts?

Thanks, Jo
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Old Jun 8th 2013, 11:57 pm
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Default Re: Dependent child may want to study in the UK

Good questions to discuss with a lawyer.

I assume you're aware that your son will probably be treated as an "international" student for fees purposes if he cannot show 3 years residence in the U.K.
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Old Jun 9th 2013, 12:07 am
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Default Re: Dependent child may want to study in the UK

No, domestic, he went back in January while we waited to see if my job went permanent and applied before it had, so based on my temp visas he is classed as domestic.
He is undecided whether to come back or stay when/if the residency comes through.
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Old Jun 9th 2013, 12:12 am
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Default Re: Dependent child may want to study in the UK

think you may have to prove that you support him but best bet would be to speak to Immigration and ask them
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Old Jun 9th 2013, 12:16 am
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Default Re: Dependent child may want to study in the UK

I wondered about that, it's just with him possibly not doing the 184 days in each year. Will see what Immigration have to say on it if the residency is approved
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Old Jun 9th 2013, 12:19 am
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Default Re: Dependent child may want to study in the UK

wonders if 184 could be just for the main applicant as the others have come off the back of them ?
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Old Jun 9th 2013, 12:21 am
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Default Re: Dependent child may want to study in the UK

http://www.immigration.govt.nz/migra...quirements.htm
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Old Jun 9th 2013, 12:36 am
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Default Re: Dependent child may want to study in the UK

Thank you That's the one I read first and the application form for PR which all talk about me as the principal applicant, but there's a sneaky bit in the ops manual that implies the others have to show residency too.

the non-principal applicant has never been in New Zealand as a resident (as required
by RV1.5(d))

A resident visa holder or former resident visa holder must have been in New Zealand as a
resident (R5.66.5(b)) to be granted a residence class visa or a variation of travel
conditions under these instructions.
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Old Jun 10th 2013, 4:30 pm
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Default Re: Dependent child may want to study in the UK

That bit about the others showing residency does not give any time limits on it though...
Your son would have to activate his residency visa by travelling to NZ within the time limits, thereby becoming a resident. He would then have spent time in NZ as a resident!
Personally I would think including him in the application [despite the extra cost] gives him the option in the future should he decide to live in NZ.

As for proving dependence, you've probably read the OM but for the benefit of others:
R2.1.30 Definition of 'dependent child'
See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs, 4, 20

For the purpose of inclusion in an application, and despite the definition in section 4 of the Immigration Act 2009, a child is dependent if they:
a. are:
i aged 21 to 24, with no child(ren) of their own; and
ii single; and
iii totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support, whether living with them or not; or
b. are:
i aged 18 to 20, with no child(ren) of their own; and
ii single; or
c.
are:
i aged 17 or younger; and
ii single; and
iii totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support, whether living with them or not.
d. When determining whether a child of 21 to 24 years of age is totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support, immigration officers must consider the whole application, taking into account all relevant factors including:
• whether the child is in paid employment, whether this is full time or part time, and its duration;
• whether the child has any other independent means of financial support;
• whether the child is living with its parents or another family member, and the extent to which other support is provided;
• whether the child is studying, and whether this is full time or part time.
;
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