Creative Solution to Immigration question.

[Lucapooka]

Can anyone suggest alternative viable options for this scenario?

A British-by-descent female (obviously with a ROA and is outside the scope of the immigration requirements for entry clearance and leave to remain), who has never lived in the UK, wishes to study for an MBA at a City university. The length of the course is 12 months and she will pay international fees as she has not been ordinarily resident in the UK for the past 3 years. Her non-British 7-year-old child would accompany her and is not a visa national. The university is a HEI and the course is level 7 or above. The child would need to return at some point to visit the father for one month. The father sees the child for just one month per year, otherwise the mother has absolute sole responsibility as defined by UK immigration guidelines and local family law. In the UK, they would live with her British Aunt and Uncle, who would care for the child while she attends her college.

Here are the options vis-a vis the child as I see them:

Perhaps the least appropriate: A Child settlement application (ILE) if the mother can present relevant information that she qualifies as a sponsor. The maintenance and accommodation aspect of this, and the sole responsibility, would be achievable. The mother does intend to return so one must assume the visa will lapse two years after they depart.

Back-to-back visit entry clearance granted on arrival (broken by the paternity visit) but, in this case, one must assume the child may not be permitted to attend state school as a visitor. Even so, the child does not speak English so that would present another hurdle to school acceptance

Tier 4 Child student application for private schooling. I don't think child student option would work for her circumstances, as she does not particularly wish to pay for private education. However it would be desirable for the child to attend state school (which is perhaps mandatory under UK law). The additional problem being that the child speaks very little English, so no state school may be inclined to accept him.

A fourth option would be for the mother to apply for a Tier 4 visa under her other nationality, and take her child as a PBS dependant. Personally, I feel this is the most appropriate course of action. However, and this is the most important aspect that needs to be addressed, she does have a British passport and has been in the UK for visits many times in the past. I am not certain if there is anything to prevent a British citizen applying for entry clearance under another nationality. Anyone?

[Greenie]

I don't think applying for a tier 4 visa would be appropriate given that she is British. My view would be that the settlement visa is the most appropriate option as entering as a visitor might be risky considering she is staying for a year. Plenty of children attend British schools who don't speak English they wouldn't be able to refuse the child for that reason.

[Lucapooka]

It's a shame she can't apply for Tier 4 and PBS dependant visa. I fear you are correct but do you know if there is a paragraph in the rules to support this? I suppose once the British passport has been claimed there is no option other than to behave as a British citizen when entering in the UK, at all times in the future.

I somehow feel that this puts British citizens with non-British children at a distinct disadvantage to Tier 4 migrants with children. British by descent citizens, who have grown up outside the UK, are perhaps inclined to want to top-off their education with a masters in the UK, as they speak the language and have a cultural or familial link to that country which they may wish to show off to their children. Yet it does not appear possible to facilitate this under the immigration rules in a manner that is equally expedient to that of a non-British student.

[Greenie]

Its not in the rules but it is in primary legislation somewhere- a British citizen cannot granted leave to enter or remain. You have a point about it being easier for a non British student to sponsor a dependent but why not apply for the settlement visa if the child qualifies. Could they even then use it to their advantage - would the child be able to register as a British citizen once in UK? On the visit option- they shouldn't have a problem with the child attending a state school on a visit visa but my concern would be the risk of refusal on entry (or worse re entry after he spends the month with his father and the mother is halfway through the course)