Visa Extension for Dependent Child under Spouse Visa

My wife is BC by descent. I will be applying spouse visa (myself) and dependent visa for our child (under 18 born outside UK). I understand the initial Visa is 33 months and need to apply visa extension before expiry.

https://www.gov.uk/uk-family-visa/child

From above link,
"If you’re over 18
Your parent can include you in their application as a dependant, or you can apply separately yourself. You can only apply if you:

got permission to stay in the UK (‘leave to remain’) on a family visa when you were under 18
do not live an independent life
You’re living an independent life if, for example, you’ve left home, got married and had children.

If your parent cannot include you in their form and you’re in the UK, you may be eligible to apply for Private Life in the UK (10-year route)."

My question is when applying visa extension, can our child (will be over 18 then) apply extension by themselves (assuming they do not live independent life)?

Do I need to apply visa extension at the same time?

What happen if my child apply few weeks earlier than my application, will the immigration officer process and approve their application before my application?

Thank you.

The child has to apply at the same time as the other parent.

CR001 wrote: ↑

Thu Aug 05, 2021 1:18 pm

The child has to apply at the same time as the other parent.

Since the child is over 18, can he apply FLR(FP) by themselves on the basis of private life. As indicated below, they’ll be considered separately.

https://www.gov.uk/government/publicati ... form-flrfp
https://www.gov.uk/uk-family-visa/private-life

"You can only apply on the basis of your private life if you’re already living in the UK.

You must be able to prove that you’re:

under 18 and you’ve lived in the UK continuously for at least 7 years, and it would be unreasonable to expect you to leave the UK
between 18 and 24 and you’ve lived continuously in the UK for more than half your life
18 or over, have spent less than 20 years in the UK and would have very significant problems living in the country you’d have to go to - for example, you do not speak the language and could not learn it
25 or over and you’ve been in the UK continuously for 20 years
Your family members can apply on the same application - you’ll be considered separately."

CR001 wrote: ↑

Thu Aug 05, 2021 1:18 pm

The child has to apply at the same time as the other parent.

Put it this way, If the parent application for FLR (M) got rejected (what ever reason), does it mean the child (over 18) will have to leave UK together with their parent unless they can apply and issued with a different visa? So, If FLR (M) got rejected, can we try FLR(FP)?

Thanks

tanjong wrote: ↑

Thu Aug 05, 2021 3:24 pm

If FLR (M) got rejected, can we try FLR(FP)?

FLR(FP)/private life has very specific requirements.

tanjong wrote: ↑

Thu Aug 05, 2021 2:53 pm

"You can only apply on the basis of your private life if you’re already living in the UK.

You must be able to prove that you’re:

under 18 and you’ve lived in the UK continuously for at least 7 years, and it would be unreasonable to expect you to leave the UK
between 18 and 24 and you’ve lived continuously in the UK for more than half your life
18 or over, have spent less than 20 years in the UK and would have very significant problems living in the country you’d have to go to - for example, you do not speak the language and could not learn it
25 or over and you’ve been in the UK continuously for 20 years

In any case, if your wife is a British citizen by descent and your British citizen by descent wife, you and the child reside in the UK for at least three years before the child's 18th birthday, the child can register as a British citizen directly under Section 3(5) of the BNA 1981 (but that application must be submitted before their 18th birthday).

secret.simon wrote: ↑

Thu Aug 05, 2021 3:36 pm

In any case, if your wife is a British citizen by descent and your British citizen by descent wife, you and the child reside in the UK for at least three years before the child's 18th birthday, the child can register as a British citizen directly under Section 3(5) of the BNA 1981 (but that application must be submitted before their 18th birthday).

My child will be over 18 then so not eligible for the 3-years route to BC.

We believe we meet all requirements for our first spouse and dependent visa application. We are just not sure about the visa extension process after 30 months in UK. Would like to find out what alternative options available for the child - can they switch to other type of visa (student, FLRFP, ...etc) by themselves in UK in case our family visa got rejected for whatever reason.