Tier 4 DES application for Child dependent

Hi All

Please give me advice, I just completed my Phd and currently want to apply for 1 year extension with Doctorate Extension Scheme. For the last 4 years my two sons (16 and 11 yrs old) are living with me in UK under my Tier 4 visa as child dependent. The issue is, after consultation with Immigration section at University, they told me that both parents must be either lawfully present in UK or leave to remain at the same time of the applicant. Since my husband is not possible to joint with us at UK due to his work and current pandemic situation then please advice me if there is an exception for my current situation and what document require to support my sons application as dependent. Thank you in advance for your help

Desy N

doctord wrote: ↑

Tue Jan 12, 2021 1:14 pm

please advice me if there is an exception for my current situation and what document require to support my sons application as dependent.

I assume you and your adviser was looking at paragraph ST 34.2 of Appendix Student? The exceptions are listed in the same paragraph, so presumably you already discussed with them whether you might might option (c). There are no other secret exceptions.

ST 34.2. The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a visitor) unless:
(a) the parent with permission as a Student or as the partner of a Student is the sole surviving parent; or
(b) the parent with permission as a Student or as the partner of a Student has sole responsibility for the child’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Student or as the partner of a Student.