UK spouse visa - Can dependents be over 18 if still living with parent and unmarried?

[nupersoodles]

Can anyone please tell me, is it possible to add a dependent to a UK spouse visa application if the dependent is over 18 but not married and is living with, and fully supported by, the applicant. Basically, when I marry my gf could her 19 year old son, who lives with her, still qualify as a dependent, provided he has no independent family of his own and is supported by my gf?

 

Or do dependents strictly have to be under 18 at the time of the initial application?

 

I've read the documentation on the gov website, but I'm still a little bit unsure.

Edit: Thought I might just mention, just in case it helps, his Thai father is deceased and I'm practically his father figure now. Probably won't make any difference but you never know.

Edited October 17, 2018 by nupersoodles

[bobrussell]

There are various categories for applicants:

1) Partner of someone settled in the UK (Spouse/Civil Partner/Unmarried Partner).

2) Child dependent (under 18)

3) Adult dependent (over 18)

The third category is for those that, in effect, require long term care that is not available in the home country. The rules are very specific and do not include a healthy adult that happens to be living at home!

In effect:

As a result of age, illness or disability, you require long-term personal care (that is help performing everyday tasks, e.g. washing, dressing and cooking).

Therefore the likely answer is no unless there are medical or similar reasons.

[jimn]

Sorry but why on earth would you do this. Bringing a 19 year old male to live with you and his mother is a recipie for trouble. Tell her he is old enough to support himself now without Mummy. 

[KhaoYai]

Your chances of a successful application that includes a 19 year old is extremely slim.  Unfair I know, a refusal may break an existing family situation up but that's how it is. You would have to show some form of special need that cannot be achieved in their own country if the parent leaves.

 

If this lad is a normal, healthy 19 year old - forget it.

[oporhatch]

I inquired about this sometime ago and spoke to a UK lawyer , who told me they would have to be under 18 years old

unless they could fit one of the options listed above (ie carer)

Ended up getting a 6 month tourist visa for her 

 

     

[nupersoodles]

Many thanks to the three of you kind enough to leave useful replies. I thought it would be the case that having the lad join us, permanently, would be an impossibility but thought I'd just check on the off chance I was wrong. Nevermind, onwards and upwards.

 

Cheers.

[bobrussell]

Another option might be to get the boy onto a UK based education course.

 

A local example to me:

https://www.southampton.ac.uk/uni-life/international/your-country/asia/thailand.page

 

Also:

https://www.britishcouncil.or.th/en/study-uk

Edited October 19, 2018 by bobrussell

[7by7]

19 hours ago, bobrussell said:

Another option might be to get the boy onto a UK based education course.

 

To do this, he will need to obtain a General student visa (Tier 4) .

 

Even if successful, this may only be a temporary solution as he will only be able to extend this in order to continue his studies.

 

He could not switch to FLR in order to remain with his parent as he is over 18. He may be able to switch if he becomes the spouse or partner of a British citizen or person with ILR or PR in the UK.

[bobrussell]

True but a three year degree course and possible work after graduating are an opportunity for the family to remain together.

Working after graduation is more difficult than it used to be but is not impossible.

A lot can change over a few years but settlement will always be problematic.