Tier_4 Student visa

[neelshri]

Hello,
I have applied for UK tier 4 student general visa and waiting for approval.
Meanwhile can my dependants (daughter and spouse) apply separately, first daughter (planning together to go to UK. Applying based on my approval without BRP) and spouse later.
Also can I know what are the documents required for child and spouse as dependants on tier 4 student visa,

Thanks much in advance.

[sah10406]

Meanwhile can my dependants (daughter and spouse) apply separately, first daughter (planning together to go to UK. Applying based on my approval without BRP) and spouse later.

A child dependant who is applying separately and who only has one parent in the UK would struggle to meet paragraph 319H(f) of Part 8 of the immigration rules:

(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 [Tier 4 migrant] is the applicant’s sole surviving parent, or
(ii) The [Tier 4 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.

They would need to make a case that they meet part (iii).

[neelshri]

Thanks for your reply.
So in this case can my daughter apply separately for dependant visa after my visa (main tier 4 student applicant) approved and travel with me together to UK after her approval and then my spouse will apply later?

Thanks much

[CR001]

No, read the rules again, para (f) specifically. For your daughter to get a successful PBS dependent visa, both parents need to have valid leave for the UK or apply at the same time as the child.

[neelshri]

Hello,
I have query please, main applicant received the grant today and not yet travelled to UK. Can dependants (spouse and daughter) apply for visa on priority service and once granted, can we all travel together to UK and then collect BRP?

Thanks much

[sah10406]

Look at paragraph 319H(f) again. It allows three possible scenarios but not that one.

[neelshri]

OK. So that means dependent can apply but main applicant has to be in UK. Then dependant can join later after grant.

Thanks much