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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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Are there grounds to obtain leave to remain in the UK for

Customer Question

Are there grounds to obtain 'leave to remain in the UK' for a US citizen who has lived here for nearly 8 years with her US parents (Dad's work permit visa) and 4 siblings, was going to apply this summer as a dependent with her parents, but before it could happen, her dad walked out on her Mom after an affair. Mom now going back to US with other siblings, Dad staying here, but no room for 18 year old. She is having to stay with a friend while she finishes A levels, but wants to apply for UK uni, after gap year.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 5 years ago.

Surely if your dad has been here for 8 years on a work permit, he must have Indefinite Leave to Remain in the UK? Did he not apply for Indefinite Leave to Remain for you as well?

 

If not, you may now struggle to show that you are a dependant on him as you are no longer living with him and presumably he is not supporting you financially. Your best option if you are wanting to study at university in the UK is to apply for a Tier 4 visa, this would however prevent a gap year from being possible. There is not really any way to remain in the UK without getting a visa in your own right now and aside from a Tier 4 visa, unless you can get a job and a Tier 2 visa.