Applying for dependnt visa for kids under 18 without excluding spouse

[msx273]

Dear Mods and Experts,

This is urgent enquiry for one of my Saudi governemtn sponsored Under graduate student .

She is study in unversity in scotland in studnet visa and want to bring her kids under 18 as her dependent but unfortunately due to her husbands time and work constratin he cannt apply for the dependent visa and she onlly wnat her kids to apply for depdent visa and come to UK

Is there any possibility to apply for kids alone except her husband, what document she need ot providde beside financial documents

Kindly advise as their visa rejected previosly for not applying for her husband, kindly advise

[secret.simon]

The genera rule for children born outside the UK is that they follow the same immigration pathway as the second/less-privileged parent. In this case, it would be the father/husband.

If the father does not have UK immigration status, neither do the children.

The exception to this general rule is if the applicant's parent in the UK can prove that they have sole responsibility for the child/ren in question. Typically that takes form of a legal custody document from a court, but other proof that shows that the other parent is completely absent from the child(ren)'s life is also acceptable.

Given that the parent in question is a Saudi citizen woman (which I presume is why she is being sponsored by the Saudi government) and given that Saudi Arab law tends to favour the father in divorce/legal custody cases, I think the Home Office would find it very hard to believe that the Saudi citizen mother is genuinely solely responsible for the children.

I think the odds of the children moving to the UK without the father are next to none. He could apply for the visa and arrive with the children and leave them here, but their legal status in the UK will be tied to him, not to their mother and if he leaves them behind, their legal status in the UK may be impacted.