Different types of visa application for dependents

[caneke]

Hi All,
This is a wonderful site with full of life saving information on real cases. Thank you for everyone who made such valuable contributions. I met the site while I am trying to help a friend in her Tier-5 visa refusal. I also applied for Tier-5 (International Agreement) on 25 Oct 2016. The decision hasn't been made so far, and it is very unusual. I was shocked today with the piece of information I met this site saying that children dependents of Tier-4 can apply for the Tier-4 dependents' visa if both parents are in UK or apply for the same type of visa. I applied for Tier -5, and my children applied for Tier-5 dependents' visa, but my spouse applied for family visit visa for 6 months since he had a good job in our country, and didn't want to quit it. I checked the Immigration Rules 319.H, and it says "319.H. (f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care."

Does this rule applies to all types of PBS visas? Can anyone confirm this please?
Kind regards

[noajthan]

Yes: Tier 1, 2, 4, 5

Presumably to maintain family cohesion, to prevent child 'theft' and/or trafficking & etc etc.

https://www.gov.uk/government/uploads/s ... ts-v11.pdf

[caneke]

Dear noajthan,
This is so sad to hear that. I need to reframe everything. I'm still trying to digest it:(( But, thank you very much for your quick reply.

[sah10406]

Presumably to maintain family cohesion, to prevent child 'theft' and/or trafficking & etc etc.

The view seems to be that if one half of a couple has decided to come and study or work in the UK leaving their spouse at home, it is not especially reasonable or logical for the couple's children to up sticks and come and live in the UK too, rather than stay in their own country with the other parent.

The Home Office does allow it, but as you say only if the applicant shows that there are "serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care".

[noajthan]

The view seems to be that if one half of a couple has decided to come and study or work in the UK leaving their spouse at home, it is not especially reasonable or logical for the couple's children to up sticks and come and live in the UK too, rather than stay in their own country with the other parent.

The Home Office does allow it, but as you say only if the applicant shows that there are "serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care".

Indeed. This shows the caring and pragmatic sides of UKVI and HO.
Why disrupt little ones' upbringing and parachute them into a completely alien world when childcare, extended family & etc are likely to be already all in place in home country.

[caneke]

Thank you very much sah10406 and noajthan. I can understand the UKVI's view. My spouse is a navy officer, and he has sailing duties frequently. So, we are familiar with his absence. It is not possible for me to leave my children in my home country, since the daddy can not be there all the time. This may be a compelling reason. Before applying the visa, I didn't even think of this would be a concern for visa application. I throughly read the guidelines but missed this piece of information. I should have directly read the articles in IR. Today I withdrew my applications without waiting for a refusal. I have no future plan for now. Any comments, suggestions?

[sah10406]

Today I withdrew my applications without waiting for a refusal. I have no future plan for now. Any comments, suggestions?

Apply again, adding a brief but detailed covering letter, explaining how the children meet that rule. Remember there are two parts to it: the compelling circumstances themselves, plus the care arrangements for them.

[caneke]

Thank you very much sah10406. I need to develop a sound strategy. Wish me luck!

[caneke]

If it is not too much, may I ask one more question? I withdrew my dependents' applications, but mine is still under process. I am expecting to be granted with the visa within a short period of time. I'll make a new application for my dependents. Is it possible to do it once I am granted with the visa but not depart for UK?

[sah10406]

Is it possible to do it once I am granted with the visa but not depart for UK?

Yes of course. Good luck.

[caneke]

Dear sah10406, thank you very much!

[caneke]

Hello all!
I am granted with Tier 5 visa. I am supposed to be in the UK no later than 23 March. Due to some failure in understanding the visa requirements, I had to withdraw my dependents' application. Now I'd like to make a fresh application for them. I haven't arrived in the UK yet. I 'd like to travel with my dependents after they are granted with the visa, but I am confused about how to interpret Article 319.H.f below. Can my spouse and children apply for dependent visa before I am present in the UK? Thank you very much.
"(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care."

[vinny]

Posts merged.

[Frontier Mole]

I do not share the thinking of others on this one. I believe there is not a sufficient compelling reason to grant dependent visa to minors given your stated circumstances.
Who will look after the children when they are in the UK?
What provision have you made for child care?
Has your husband signed a legally binding court document giving you sole care responsibility?

The only thing that might save you is the reason for the grant of the international agreement visa. Are you going to be employed by an overseas government?