Serious and Compelling Reason

[Ibrothers]

Will this Refusal affect their Student Visas as well?
One is 17 and half years and other is 15 and Half Years ok?

[Frontier Mole]

You are on a work visa, you have deliberately created your own circumstances. The best interests of the children are that you return to Pakistan or your spouse returns.
The argument that will also be put to you is why did you not apply for the children at the time of your visa application? There is a simple answer to that - your visa would have probably been refused as you could not meet the requirements. So by coming to the U.K. and then pursuing the dependents visa you are essentially seeking to circumvent the immigration rules.

The fact you are pursuing an argument that is based on the best interests of your children when you have deliberately left them. This is not going to land well in any circumstance. The Home Office is not going to grant dependent visas, any appeal thereafter will certainly focus on the self crated circumstances and may well end up pointing to child abandonment. Which in itself may point to the fact that you are unfit as a parent and the best interest of the children may well not to be with you. Remember this is not a single sided argument.

As for the future visa applications for your children for other visa routes. As the applications for dependent visa were made while they were minors the refusals will be attributable to the parents. In essence they get a clean slate but they still have to declare the refusals. While you and your husband remain in the U.K. they are highly unlikely to be granted visit visas.

[Ibrothers]

You are on a work visa, you have deliberately created your own circumstances. The best interests of the children are that you return to Pakistan or your spouse returns.
The argument that will also be put to you is why did you not apply for the children at the time of your visa application? There is a simple answer to that - your visa would have probably been refused as you could not meet the requirements. So by coming to the U.K. and then pursuing the dependents visa you are essentially seeking to circumvent the immigration rules.

The fact you are pursuing an argument that is based on the best interests of your children when you have deliberately left them. This is not going to land well in any circumstance. The Home Office is not going to grant dependent visas, any appeal thereafter will certainly focus on the self crated circumstances and may well end up pointing to child abandonment. Which in itself may point to the fact that you are unfit as a parent and the best interest of the children may well not to be with you. Remember this is not a single sided argument.

As for the future visa applications for your children for other visa routes. As the applications for dependent visa were made while they were minors the refusals will be attributable to the parents. In essence they get a clean slate but they still have to declare the refusals. While you and your husband remain in the U.K. they are highly unlikely to be granted visit visas.

Thank you.

Not visit visa. I am asking about their Student visa. One is 17 and Half Years old and other is 15 and Half Years old.

No mother can leave child deliberately in this situation. We were told that ARC card is temporary visa and i applied. Already told no ideal relationship with Husband that is why i tried for best future of the kids. If i had support from husband then would not make application. Anyway please give your opinion on Student visa.
I appreciate for your time and opinions.

[Frontier Mole]

Student visa will be very much down to the education establishment you wish them to study at. Most are risk adverse and the circumstances including their previous refusal will put some establishments off. When / if you are able to get a CAS it is not going to be a major barrier for them with the Home Office.

[Ibrothers]

Student visa will be very much down to the education establishment you wish them to study at. Most are risk adverse and the circumstances including their previous refusal will put some establishments off. When / if you are able to get a CAS it is not going to be a major barrier for them with the Home Office.

Thank you So Much.
I request to all reader please read policy and appendix of the particular visa yourself instead of relying on back home consultant otherwise you would have problem like me.
Thanks.

[Ibrothers]

Can someone share templet of sole responsibility letter?
Thanks.

[Frontier Mole]

Sole responsibility is a matter of legal responsibility and proving that in law. So the content of any letter you propose is not going to be impactful

The typical documents would be a divorce certificate, a court order giving you custody of the children, death certificate if your spouse had passed away, court paperwork banning your spouse from contact,

If you do not have that type of documentation then you are not going to be able to formally demonstrate sole responsibility.

Also given your abandonment even with the documentation there is a high likelihood the dependent visa will be refused.

[Ibrothers]

Hi,

I just want to know how to prove serious and compelling reason test? My son's dependent visa was refused in December 2023 because of father status in UK (Father has Claimed Asylum). i m on care worker. Since i came here in UK. My son is not well since i came here. He is near to 16 years old. He is living with my parents who are old and they have their own medical issues (My mother has back issue already had surgery of back and again doctor suggested it. Father had heart surgery, diabetic, mobility issue).

Thanks.

[Frontier Mole]

The skilled worker route does not readily have consideration for serious and compelling reasons. There is really no need as a skilled worker is a voluntary route to the UK and you either meet the requirements for dependents or you don’t. The Home Office has refused their visas and will not change that decision.
Your circumstances and the present position is no different to that as it was before.
The simple solution to the issue remains the same, either you or your husband returns.
If you state your parents are not fit to look after your children the question will be asked why did you leave them behind and why are you not returning to secure their welfare.