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Topic: Does a 18yr old child dependant need to take the Life in the UK test for ILR?  (Read 1387 times)

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Hi,

My stepson turns 18 years old on the same day we're able to apply for their ILRs (25th Nov, 28 days prior to 60 month of 23rd December), and I'm not sure if he'll have to take the Life in the UK test or not, or if there's anyway to time our application so he won't have to? No formal learning difficulties, but he's not in any way academically inclined and he'll really struggle with passing it.

If he does have to take it, and he fails, what's the next step? Can his Dad still go for ILR but SS stay on FLR? Do both stay on FLR until both can pass the test? He's wanting to move out when he has a visa that isn't dependant on him being a dependant but if he can't pass the UK life test and stays on the FLR is he stuck with us indefinitely? Can we apply for their ILRs at different times (up to BRP expiration) if needed?

Apologies for the many questions, but until this week we thought Life in the UK was for the citizenship only and hadn't realised it was for ILR, so now we're frantically trying to figure out how to manage this with a kid who failed all their GCSEs, with barely 6 weeks to D-Day.

Any advice appreciated!
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My stepson turns 18 years old on the same day we're able to apply for their ILRs (25th Nov, 28 days prior to 60 month of 23rd December), and I'm not sure if he'll have to take the Life in the UK test or not, or if there's anyway to time our application so he won't have to?

He will if he is 18 before he applies.

Knowledge of language and life

If you’re 18 to 64 years old when you apply you must also:

    pass the Life in the UK Test



Children 18 and over

You can only include older children in your application if they both:

    were under 18 when they got permission to be in the UK as your dependant
    still do not live an independent life - for example, they have not left home, got married or had children

If they turn 18 before you apply, they also need to:

    pass the Life in the UK Test
    meet the English language requirements


https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/no/partner/you-re-still-with-your-partner
« Last Edit: October 12, 2020, 10:51:52 PM by Sirius »


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If he does have to take it, and he fails, what's the next step? Can his Dad still go for ILR but SS stay on FLR? Do both stay on FLR until both can pass the test? He's wanting to move out when he has a visa that isn't dependant on him being a dependant but if he can't pass the UK life test and stays on the FLR is he stuck with us indefinitely? Can we apply for their ILRs at different times (up to BRP expiration) if needed?

https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/no/child-under-18-and-children-who-have-turned-18-since-first-applying


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