Dependant

I have applied for ACCA at Kaplan Financial. However, I have just learn t that it will not be possible to apply for dependent visa for my son who currently is 9 years 6 months, and was born and raised in the UK and has never left the country. Am I supposed to send him out of the country? Does this rule apply to student applying from outside the UK? Please advice?

My previous visa was Teir1 post study.

Thanks

Tokozi wrote:I have applied for ACCA at Kaplan Financial. However, I have just learn t that it will not be possible to apply for dependent visa for my son who currently is 9 years 6 months, and was born and raised in the UK and has never left the country. Am I supposed to send him out of the country? Does this rule apply to student applying from outside the UK? Please advice?

My previous visa was Teir1 post study.

Thanks

I think the new rules on tier 4 dependents have been ill thought out and poorly drafted. I don't think they intended to exclude children such as yours but as the rules stand this is the case.

I think if you applied for leave for your child anyway you would have a strong chance of succeeding on family life grounds on appeal.

Also you say you child was born here and has grown up here-how many days has he spent outside the UK for each year of his life? If 90 or less for each year of his life he will be entitled to be registered as a British citizen once he reaches the age of 10. I think you need to seek legal advice.

My son has never left the UK, at all. I only applied for his first time visa when he was two. It appears to me that even if I never had a visa for him, he will still have qualified under 10 years rule. Am I right? He will be turning 10 years in 6 months time.

I am actually thinking that I should overlook his visa application altogether. I am confused. I will be 10 years in the UK in November, but my current visa runs out in August.

Tokozi wrote:My son has never left the UK, at all. I only applied for his first time visa when he was two. It appears to me that even if I never had a visa for him, he will still have qualified under 10 years rule. Am I right? He will be turning 10 years in 6 months time.

I am actually thinking that I should overlook his visa application altogether. I am confused. I will be 10 years in the UK in November, but my current visa runs out in August.

Yes its irrelevant if you never had a visa for him he would still qualify under section 1(4) British nationality act. However i don't think you should just overlook his visa. you really do need to get legal advice. Is you current visa still psw? Have you started your ACCA yet if not perhaps you could find a postgraduate course at a publicly funded higher education institution or a registered body to avoid this problem.

Yes, I am currently still on PSW till 30 August. I have already done a BSc (Hons) and an MSc, and would like to add ACCA, to meet industrial demands. I have looked at all possibilities and public funded institutions are so expensive. I will need approx £20000 just for the fees and living costs, most likely for a course sorely determined by fees (cost), the course which may not add value.

My has been on visa from the age of two.

Tokozi wrote:Yes, I am currently still on PSW till 30 August. I have already done a BSc (Hons) and an MSc, and would like to add ACCA, to meet industrial demands. I have looked at all possibilities and public funded institutions are so expensive. I will need approx £20000 just for the fees and living costs, most likely for a course sorely determined by fees (cost), the course which may not add value.

My has been on visa from the age of two.

I am really sorry to hear your story. I am in a pretty much same situation as i am not allowed to switch within UK anymore because of the new rules changed on 4th July. I think it is ridiculous the way they made these changes. I think we should all get together and fight this case.

I am not against the changes but i am against the changes which effect any existing migrants or dependants. There should always be transitional changes for the existing migrants. New changes shud apply to the new migrants only.

What leave has he now? Why can he not apply in the UK (304-309)?

I think that he should remain in the UK (i.e. not travel) until he is at least 10 years old. Then, he will be entitled to register under Section 1(4).

vinny wrote:What leave has he now? Why can he not apply in the UK (304-309)?

I think that he should remain in the UK (i.e. not travel) until he is at least 10 years old. Then, he will be entitled to register under Section 1(4).

vinny i agree with you regarding to British citizenship issue but am not sure that the child can still rely on paras 305-309 if he has already been granted leave as a PBS dependent See Idi para 3.5 The purpose of 305-309 is for children born in UK who are not British to be able to regularise their stay and be granted leave in line with their parents. Not sure that rules are intended to allow them to do this more than once although agree rules 305-309 do not explicitly preclude this. i really think op needs to get legal advice on the matter.

I think that it's a moot question, once the 10 year requirement in the UK is reached.