Q: Approximately three years ago, when our son was 17, he entered the UK as a dependant on his father’s Skilled Worker visa. After returning to South Korea last year, he is now preparing to re-enter the UK after an absence of one and a half years. As he has now reached the age of 21, will this prolonged absence or his age cause any issues at UK Border Control? Furthermore, as our initial three-year permission will expire shortly and requires an extension, is our 21-year-old son still eligible to extend his leave as a dependant, and will he qualify for Indefinite Leave to Remain (ILR) alongside us in due course?
A: In this situation, even though your son is now a 21-year-old adult, he may lawfully enter the UK using his valid, unexpired Skilled Worker Dependant permission. Once in the UK, he can apply to extend his permission to stay as a dependant concurrently when the father applies to extend his Skilled Worker visa prior to its expiry. He will also be entitled to apply for Indefinite Leave to Remain (ILR) alongside his parents at the appropriate stage. Below is a detailed analysis of the statutory rules governing adult dependent children.
Age Limits for Dependant Applications Submitted from Overseas
When applying for entry clearance from abroad, a dependent child must strictly be under the age of 18 at the date of application. In other words, out-of-country dependant entry clearance is accessible only up to the age of 17; once a child turns 18, they are legally treated as an adult, and an initial overseas dependant visa application is no longer permissible. Consequently, an individual aged 18 or over seeking to relocate to the UK must secure an independent immigration category in their own right. For instance, if a parent applies for a Skilled Worker visa from overseas, an adult child aged 18 or over cannot be included as a dependant and must instead obtain an independent visa, such as a Student visa by enrolling in an approved private boarding school or higher education institution.
In-Country Applications and the Statutory Concept of Leave to Remain
Within the UK, however, a child who has turned 18 can continue to extend their permission as a dependant indefinitely, provided they were initially granted leave as a dependant prior to reaching the age of 18. This distinction stems from the constitutional and statutory framework under the Immigration Act 1971: applications lodged from overseas seek entry clearance (“Visa”), whereas applications submitted from within the UK seek permission to stay (“Leave to Remain”).
Under the Immigration Rules, as long as a child was initially admitted to the UK with entry clearance as the dependant of their parent before turning 18, they remain eligible to extend their Leave to Remain as a dependant after reaching the age of 18, regardless of their chronological age, provided they continue to meet the dependency requirements: they must not be leading an independent life (i.e. they remain financially supported by the family, have not formed an independent family unit, and are unmarried/not in a civil partnership).
Extending Leave for Adult Dependants and Applying for ILR
A child admitted to the UK as a dependant before turning 18 is entitled to extend their Leave to Remain in-country past the age of 18, and remains eligible to apply for Indefinite Leave to Remain (ILR) concurrently with their parents. Crucially, dependent children applying for settlement alongside their parents are not subject to a standalone 5-year continuous residence requirement, nor are they bound by the strict 180-day annual absence ceiling that applies to main applicants and adult spouses. Therefore, even if your son spent one and a half years overseas due to medical or personal circumstances, he can re-enter on his valid leave and apply for ILR alongside his parents when they become eligible.
However, a vital statutory principle must be borne in mind: under the Immigration Rules, both parents must either hold ILR/British citizenship or be applying for ILR at the same time for a dependent child to be granted settlement (save for defined sole responsibility or serious and compelling circumstances). For example, if the father has completed five years on a Skilled Worker route and the dependent child has held continuous dependant leave, but the mother either does not apply for ILR or fails to qualify, the child cannot be granted settlement concurrently.
For reference, the spouse of a Skilled Worker must complete a continuous qualifying period of 5 years cohabiting in the UK with the main applicant to qualify for Indefinite Leave to Remain. Under the continuous residence rules, the spouse must not have been absent from the UK for more than 180 days (or 184 days depending on individual calculation blocks) in any rolling 12-month period. If absences exceed this threshold in any given year, the UK will not be deemed their primary place of residence, potentially severing continuous residence for settlement purposes. In such exceptional circumstances, specialist immigration legal advice should be sought to determine the appropriate strategy before lodging the ILR application.
John Suh
UK Regulated Immigration Legal Adviser
25+ Years of Experience in UK Visa & Immigration Services
OISC / IAA Registration Number: F200500022
Director, ilong Global Ltd & UK Immigration Centre Ltd
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Original Enquiry:
Hello,
My son entered the UK at the age of 17 as a dependant on his father’s Skilled Worker visa. After residing in the UK for about a year, he had to return to South Korea due to health and medical reasons. He is now preparing to return to the UK, and I would like to know whether his re-entry is permissible given that he has now turned 21.
Furthermore, please advise on how we should approach his visa extension and his future eligibility for Indefinite Leave to Remain (ILR).
I would be most grateful for your guidance.