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Hi, welcome to JA, I amCustomerone of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.
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I agree with your interpretation of the guidance and I have not seen personally where there ought to be applied any restrictions with respect to her being able to benefit because she turned 18. Your message is however unclear, as you say she is in the UK on the deritative rights basis but then you also say she is in the UK on a student visa. This has to be clear.
If she is currently on the basis of derivative rights, denying her on the basis stated by you really does not appear to be correct. I would however recommend getting some help instead of selp representing. YOu may need the assistance of a solicitor to review your application.
Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
Oh I see. It is not correct then to say that she would be on the derivative visa as that visa would have been refused. As it stands the visa she is currently on is the student visa. She would not therefore be able to apply for settled status on this basis. She would have had to be in the UK for the 5 year on an EU visa, whether it be the derivative rights visa and/or otherwise and then having been on that permit apply to switch to the settled status.