Children visa extension

[dora24]

Hello,

I was approved a student visa (PhD student) along with my dependent partner and two kids in 2020. Currently, I am applying for a student extension for myself and the two kids (husband was outside the UK when his BRP expired as his job is outside the UK).

The Home Office is inquiring about the status of my dependent partner or a proof of sole responsibility.

How to best approach this?

I am thinking of emailing the Home Office:
1- indicating his BRP expired when he was outside the UK or
2- would it be safer to apply for him from outside the UK and support the unique application number even though he does not really need a visa to visit us?

Many thanks!

[sah10406]

If you wish to include the children in your application, and their other parent has not applied or is not applying at the same time (which seems to be impossible now anyway given that he is overseas and you have already applied), you will need to provide evidence that their applications meet one of the three possible requirements of Appendix Children paragraph CHI 3.2(a), (b) or (c).

3.2(a) is where the other parent is deceased or you have sole responsibility for the child's upbringing, and 3.2(b) is where the other parent is British. Neither of these apply, so it could only be 3.2(c):

the decision maker is satisfied that there are serious and compelling reasons to grant the applicant [...] permission to stay with the parent who is applying for [...] permission to stay

There is guidance for caseworkers on assessing "serious and compelling reasons". See page 14-15:

https://www.gov.uk/government/publicati ... r-guidance