Compelling reseason for children under Tier 4 without Spouse

Hello ,

I am a a Teir 4 student for 3 years . I am planning to applying for my kids tier 4 visa under special compelling reasons where my husband cannot join me in UK by referring to the eligibility requirements of paragraph 319H of the Immigration Rules under category of children of points-based system migrants.

The serious compelling reason are : -
1 My husband career in my home country . if he joins me in UK he has to leave the career that he is pursing since many years .
2. My emotional condition without kids in UK which is effecting my studies as well. The fact that I can only carry on my PHD if kids can join otherwise the emotional stress is too big to carry on studies .

Do you thing abvoe two are good grounds to plead the case for my kids tier 4 dependent visa with out my husband .

THank you

I don't think it matter who comes and who doesn't - it's your family. In any case you could have no spouse or be divorced or separated...

Provided you can support them and afford child care etc cant see any issue.

Unlikely children will be granted a visa without the other parent also getting a visa. There are many cases of refusals for children on the forum in this exact scenario. To bring children without the other parent, you have to prove sole responsibility. See link below.

https://www.gov.uk/government/publicati ... onsibility

Your reasons are not 'compelling'.

Sorry, but I don't agree with the previous replies. Wanderer is disregarding rule 319H(f) entirely, and CR001's view that your case is not "compelling" should not put you off making a case, if you feel you can show you meet 319H(f) part (iii):

319H(f) Both of the applicant’s parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant or one parent must be lawfully present in the UK and the other is being granted entry clearance or leave to remain at the same time as the applicant, unless:
(i) [the other parent is dead], or
(ii) [you have always 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.

The UKVI's default position is, fairly reasonably, that your child does not need to come to the UK, and that they can stay with their other parent in their home country. I fear citing your own emotional condition, and how much you miss them, while part of the overall picture, would not be very persuasive on its own. Not because it is not true, but because you did choose to come to the UK without them, knowing that your husband and children would not accompany you.

If you are happy to risk a refusal and the application fee, I would say apply. I advise you discuss any application with the international student adviser at your university, who may have experience helping students demonstrate the "serious or compelling" considerations why the children should be with you in the UK and not with their father in their home country, and proving that childcare is in place.

With all due respect sah10406, my response is based on a number of similar situations posted on the forum, across various visa categories, of children being refused due to the other spouse not applying to come to the UK at the same time.

CR001 wrote:With all due respect sah10406, my response is based on a number of similar situations posted on the forum, across various visa categories, of children being refused due to the other spouse not applying to come to the UK at the same time.

I agree it happens a lot. But in my experience (which is only with Tier 4 migrants like OP), most refusals on these grounds come about because the applicant has made little or no attempt to show they meet any of the three provisions of 319H(f).

Furthermore, many applications that make a reasonable and logical argument that they meet meet 319H(f)(iii) are often successful, sometimes to my surprise!

I do agree with you: if OP's sole argument is because she misses her children, it would not be compelling. But if the broader picture includes that other parent is unable to care for the child, for example because of work commitments, that may be relevant. There is no specific guidance about the matter in the Tier 4 Policy Guidance or any guiidance for caseworkers in the Tier 4 Modernised Guidance, but there is an IDI about "serious or compelling family or other considerations" in the context of a settlement application, and it specifically address this distinction:

The objective of this provision is to allow a child to join a parent or relative in this country only where that child could not be adequately cared for by his parents or relatives in his own country. It has never been the intention of the Rules that a child should be admitted here due to the wish of or for the benefit of other relatives in this country.

Immigration Directorate Instructions, Chapter 8, Section 5a, part 1 "Serious and compelling family or other considerations":
https://www.gov.uk/government/uploads/s ... nnex-m.pdf

Experience also suggests to me (my opinion only) that where a child is applying to join a temporary migrant, such as Tier 4, caseworkers take a slightly lighter hand than they would in settlement applications. But that's just my impression.

From what I've seen with 319H(f)(iii), caseworkers are more lenient with this if the circumstances are unforseen. Unfortunately as CR001 (and sah) is stating, your reasons would need to indicate why both of your points did not factor in to your initial application. As both of my contemporaries have stated, it will really depend on the caseworker you are assigned (and the country of origin). Good luck!

Sorry yeah, I got it wrong, i was applying logic, not the rules lol!!!