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Child visitor visa for UK

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Jwana
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Posts: 32
Joined: Sat Feb 03, 2007 9:28 am
Location: Australia

Child visitor visa for UK

Post by Jwana » Mon Feb 26, 2007 1:03 pm

Hi there - I am an Aust national and am planning to spend some time next year living/working in the UK as I have right of abode there. The father of my 2 children (from whom I am divorced) is prepared to complete all the necessary paperwork so that our older child can accompany me there on a settlement visa but he is not prepared to do this for our younger child.

I am not sure how I will resolve this long term, but in the short term I would like my younger child to come to the UK for at least 6 months with me & her father is prepared for her to come over for that time on a child visitor's visa.

The problem is that when I read the immigration info it seems that she can study there during her stay (she is a high school student) but not in a govt school which is Ok but when I spoke to the British embassy here (in Oz) they maintain that she cannot study at all - even in an international fee paying type school which seems ludicrous!

Can anyone clarify this for me?

Thanks :)

Jwana

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Child visitor visa for UK

Post by JAJ » Tue Feb 27, 2007 1:36 am

Jwana wrote:Hi there - I am an Aust national and am planning to spend some time next year living/working in the UK as I have right of abode there. The father of my 2 children (from whom I am divorced) is prepared to complete all the necessary paperwork so that our older child can accompany me there on a settlement visa but he is not prepared to do this for our younger child.
What are you trying to do here? I doubt bringing the child as a tourist and then hoping to sort things out after arriving will work - she might have to go back to Australia.

Why is father not willing to sign paperwork and have you taken legal advice about whether a court would give you sole custody of child. And how old is child?

Jwana
Newbie
Posts: 32
Joined: Sat Feb 03, 2007 9:28 am
Location: Australia

Post by Jwana » Tue Feb 27, 2007 9:11 am

Hi JAJ - At the moment I am trying to find a way for my younger child to visit me in the UK even temporarily. I do not want to go to court as it's a lengthy & costly process; my child is nearly 14 years old.

Anyway, if anyone knows if children on visitor's visas can study in private /international schools while in the UK please let me know as this is my main concern at present.

Jwana

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Tue Feb 27, 2007 12:44 pm

Jwana wrote:Hi JAJ - At the moment I am trying to find a way for my younger child to visit me in the UK even temporarily. I do not want to go to court as it's a lengthy & costly process; my child is nearly 14 years old.
Are you seriously thinking of moving to the UK without your child? If the child is 14, I would have thought most Australian courts would listen to his or her wishes.

asj
Newly Registered
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Joined: Tue Feb 27, 2007 4:45 pm

Post by asj » Tue Feb 27, 2007 10:21 pm

Jwana wrote:Hi JAJ - At the moment I am trying to find a way for my younger child to visit me in the UK even temporarily. I do not want to go to court as it's a lengthy & costly process; my child is nearly 14 years old.

Anyway, if anyone knows if children on visitor's visas can study in private /international schools while in the UK please let me know as this is my main concern at present.

Jwana
I am not an expert but as far as I know, a visitor's visa does not allow for one to take up study referring to para 41 HC 395 - for visitors and para 57 HC 395 for students. And it will not be possible to swich the childs status from that of a visitor to that of a student whilst in the UK.
Leave to enter as a student will have to be obtained.

stedman
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Joined: Wed Sep 28, 2005 4:15 pm
Location: london

Post by stedman » Wed Feb 28, 2007 12:14 am

ASJ's right - she'll need a student visa.

Jwana
Newbie
Posts: 32
Joined: Sat Feb 03, 2007 9:28 am
Location: Australia

Post by Jwana » Thu Mar 01, 2007 1:16 pm

Hi there - thanks for all your advice...but sorry I still think she can come in and study on a visitor's visa!

The reason I believe this to be the case is that the UKVisas website advises that Aust nationals who wish to study in the UK for 6 months or less do not need a student visa.

Also, the home office website advises that children entering as visitors cannot study at maintained schools - i.e. govt funded schools but does not rule out independent / international fee paying schools.

Ah well...I guess this means another costly phone call to the British Embassy here!!! :(

Thanks again anyway.

Jwana

Dawie
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Location: Down the corridor, two doors to the left

Post by Dawie » Thu Mar 01, 2007 1:46 pm

The reason I believe this to be the case is that the UKVisas website advises that Aust nationals who wish to study in the UK for 6 months or less do not need a student visa.
If you knew the answer already then why ask this board?
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

Jwana
Newbie
Posts: 32
Joined: Sat Feb 03, 2007 9:28 am
Location: Australia

Post by Jwana » Fri Mar 02, 2007 12:00 pm

[quote]If you knew the answer already then why ask this board?[quote]

Hi Dawie

If you had read my original post you would have seen that I am getting 2 conflicting pieces of information on this matter- one from the official immigration websites & another from the British Embassy here in Aust.

I did not come on here to waste people's time...I came here to try to clarify the contradictory information I have received and to be frank I'm not sure why you feel the need to be rude!

Jwana

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