Hi! I am a mother of 3 girls aged 7.5, 9 and 11.5 years from Pakistan. I plan to come to UK for PhD and have been awarded Research Scholarship by a reputable University. By profession I am an academician and am very keen to pursue my degree and not miss this life time funding opportunity. BUT! the problem lies here when I consider my spouse and three children for being my dependents.
Actually my spouse went to UK in year 2000 on a students Visa and got the visa extended by enrolling into another course till 2002. he then again got it extended by enrolling himself in a further degree course but was refused knowing that his attendance was short in the university upon inspection. he then re appealed stating that he changed the university because he wasn't satisfied with the environment there.He attached all the necessary admission documents as well as attendance record and was granted further leave to remain till year 2003.then he entered into a marriage contract with his girlfriend and was granted one year extension to remain. In 2004, he applied for indefinite and was refused based on incomplete documents. He made an appeal to the case for indefinite and meanwhile, home office was considering his case, his parents forced him to get married in Pakistan, as he is the only son of his parents. they wanted him back, upon disclosure of this information, his UK wife refused to provide him the documents for indefinite and they had a breakup. The home office as a result of appeal reconsidered his case and asked for further documents to be provided. in all this scenario, he was so put off that he didn't want to continue his marriage as well as indefinite stay in UK, so he without informing home office came back to Pakistan in July 2005. He got married here in January 2006 as per his parents will and his friend in UK informed him of the refusal for indefinite visa from home office later on. That day and today it's been more than 13 years now, he never happened to go back to UK, had no contact with his wife over there, neither did she try to contact him and there was no divorce filed between them. he didn't overstay in all this time, neither has any police case for him, but he doesn't have original documents for his degree he pursued there, only has the copies and not all of them because he says I was so put off that I left most of my things back in England and left the country for good.
Now the situation is that we are thinking not to apply my spouse's visa as it might affect my children visas as well and it is impossible for me to go to UK without my children as there in no one back home to look after them, and UK immigration rule 319 H (f) is quoted as belows:
"both of the applicant’s (child) parents must either be lawfully present (other than as visitor) in the UK, or being granted entry clearance or leave to remain (other than as visitor) at the same time as the applicant or one parent must be lawfully present (other than as visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as visitor) at the same time as the applicant."
Moreover, another rule says that all dependents must apply together with the tier 4 applicant.
Now the point is that we are afraid that my husband might be refused entry because of his refusal history and past record, so we are advised by the consultants here that I shall not apply my spouse visa straight away with me. if he is refused and we go for appeal, it takes nearly an year or more. moreover with my spouse refusal, based on rule 319 H f, my kids will be refused as their father is not there at the same time as them.
so we decided, to skip my spouse visa now and only apply for me and children under the exception to the rule 319 H f (iii) as stated below:
(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.
under this Exception, we have decided to attach my husband existing business project agreement which will end in October, 2018 (He is workings here as a builder and constructor and had entered into a construction project a year ago). We want to add that since he is not available at the moment, he cannot travel. and I have prepared the letter from my very close friend in UK, only 30 mins away from UK, she (her husband) owns a 7 bedroom house and will consent in the letter that I with my children will be living with her and she will offer care for my children in case I am away and they are free from school. This I want to serve as a suitable care arrangements for my children, till the time my Spouse is free to join us in few months.
Now the thing is that I am very confused, since as I am not applying my spouse visa with us and how the home office will consider my children case without my husband. whether they are going to consider my husband's business as " the compelling or family reason" and whether my friend's consent letter will serve as "suitable arrangement" for my children as there is no definition for theses and also how much are the chances that home office will consider my husband's 13 years old history if I apply his visa with me.
Kindly assist me with an expert advise as I have been calling UKCISA, Home Office, UK University Advisers, but on one knows nothing exactly. I shall be highly grateful for this.
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