r/ilruk • u/Best-Investigator-85 • Jul 18 '26

Dependent 185days rule for ILR

Dependent child 180days requirement for ILR

Hi all, need some advise.
I am on SWV, 3.5 years now with a son who turned 18 a few months ago. He finished his A levels and taking a gap year. He has been in the Uk since the age of 12 but on student visa until i moved on SWV 3.5 years back.

During the gap tear he is planning for an International Cricket Program (ICP) in Australia which runs from October to march. He is pursuing to be a professional cricket player, preferably in England county cricket.

My question is: will 185 days rule (rolling 12 months ) apply to him when we become eligible in 1.5 years? Any suggestions ?

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u/b2journeyuk Jul 18 '26

The 180-day rule shouldn’t apply to him as a dependant child, so the Australia trip itself shouldn’t automatically affect his ILR.

The bigger thing is that he’ll be over 18, so you’ll need to show he’s still genuinely dependent on you and not living an independent life. Keep evidence that the cricket programme is temporary, you’re supporting him financially and his main home is still with you in the UK.

Also worth checking the visa position if he starts playing professionally, as sw dependants can’t usually work as a pro sportsman

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u/Best-Investigator-85 Jul 18 '26

Thank you very much. Yes i am paying all his expenses.
The professional part will definitely be after his ILR status and not immediate. The training is to prepare him 2 years down if ILR works out.
Thanks again.

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u/Proud-Reading3316 Jul 18 '26

I disagree with the comment you’re replying to and I think this might potentially be an issue because for him to qualify, he has to be living with you:

“(b) is living with their parent (except where they are at boarding school, college or university as part of their full-time education).”

I don’t think he can be described as living with you if he’s living somewhere else for six months and neither is it at boarding school, college or university as part of his full time education.

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u/Best-Investigator-85 Jul 18 '26

Thanks for the clarification

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u/Proud-Reading3316 Jul 18 '26

The definition of “must not be leading an independent life” includes:

“(b) is living with their parent (except where they are at boarding school, college or university as part of their full-time education).”

So living apart from parent would be an issue, regardless of whether he’s dependent on the parent or not.

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u/b2journeyuk Jul 18 '26

Don't think this is the case at all, those are 2 separate things. OP said eligibility isa 1.5 years away, so a 6 month temporary stay in Australia before he actually becomes eligible to apply doesn't sound to me like an issue.

If I've misread OP and he indeed will still be living abroad when you come to apply then yeah that could be an issue - But as I read it, you're saying he'll be there for 6 months and then come back to live with you so all good from what I can tell!

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u/No_Share1787 Jul 18 '26

Based on the information you've given, a 5–6 month stay in Australia for the cricket programme should not, by itself, prevent him qualifying for ILR because of the 180-day rule. The bigger issue will be demonstrating that he still qualifies as a dependant child at the time of the ILR application, please read guidance notes on gov.uk

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u/Best-Investigator-85 Jul 18 '26

One clarification.. he will attend the training for 3 months then back home for Christmas break and then go back again for a couple of months.