Child of returning citizen, without mother present in UK

[Lajouels]

Dear All
I would be most grateful if you could give me your advice in this particular case.

I (father) have obtained my British Citizenship in 2010 and at that time my wife and two children were on Limited leave to remain. My british citizenship was obtained after legally spending the qualifying time period of HSMP.
But, soon after I got my citizenship, I have left UK to live in India with my family. My remaining family member's "Limited leave to remain" got finished in 2011. Now we want to return to UK for settlement. Unfortunately, my wife couldnt return because of ongoing research projects of her Phd students. I am now in UK with my daughter ( 14 yrs 8 months ) to enable my daughter to start GCSEs starting 6th sept. My daughter followed me with a Visitors VISA. Mother will Join after an year soon after completion of the ongoing research projects.
I am little unsure to what kind of VISA, I can apply for my daughter, without her mother present ! I have some savings in the bank, here in UK which will meet the finace requirements. Accommodation etc are sorted.

most grateful for yor advice.

[physicskate]

Dear All
I would be most grateful if you could give me your advice in this particular case.

I (father) have obtained my British Citizenship in 2010 and at that time my wife and two children were on Limited leave to remain. My british citizenship was obtained after legally spending the qualifying time period of HSMP.
But, soon after I got my citizenship, I have left UK to live in India with my family. My remaining family member's "Limited leave to remain" got finished in 2011. Now we want to return to UK for settlement. Unfortunately, my wife couldnt return because of ongoing research projects of her Phd students. I am now in UK with my daughter ( 14 yrs 8 months ) to enable my daughter to start GCSEs starting 6th sept. My daughter followed me with a Visitors VISA. Mother will Join after an year soon after completion of the ongoing research projects.
I am little unsure to what kind of VISA, I can apply for my daughter, without her mother present ! I have some savings in the bank, here in UK which will meet the finace requirements. Accommodation etc are sorted.

most grateful for yor advice.

Oh dear what a pickle!

On a visitor visa, your daughter cannot switch to any other visa. She is also not eligible for free state education (if that is where you are intending for her to begin GCSEs).

Would you be able to send your daughter to a private school which might be able to support a Tier 4 student visa?

Unfortunately, unless you can prove sole responsibility, your daughter will not qualify for a setlement visa until your wife joins you...

[noajthan]

A visit visa is not for residing on nor is it a free pass on the way to another visa.

A visitor on a visit visa is here on license and needs to return home at end of visit; that is at the time as stated on the application.

[secret.simon]

I take it as read that your daughter was not born in the UK.

Did your daughter get stamped in as a visitor on arrival or did she apply for a visitor visa? I find it very strange that a visit visa would be granted to a person with links to the UK, such as having a British citizen father.

Any immigration journey requires months, if not years, of planning and I have a feeling that there was no such planning in this case.

Had you asked this question in the first quarter of this year, with an aim to arriving in the UK by September, I would have suggested the Surinder Singh route, which requires you to have the "center of your life" in another EEA country and exercise treaty rights there for some time (3-6 months at least, typically).

But now, you have no time for any action. The only way forward that I see is to apply for Leave Outside The Rules (LOTR). That is an exceptional grant of leave and by definition, there are no rules regarding its grant. The Home Office can impose any reasonable conditions it sees fit if it decides to grant the visa and it may grant it for only a limited period, such as a year, so as to enable the mother to join you and the daughter and apply for a regular FLR(M) or equivalent entry clearance.

Given that your daughter is on a visitor visa and the GCSE year starts on 6th September (two weeks from now), there is little to no chance that your daughter can actually start school this year and may have to effectively take a gap year due to your inadequate planning. Even a short term study visa does not allow studying in a state school.

[Lajouels]

Many thanks for the advice. Yes, she is not born in Uk, born in India. The plan is to join her in a private school and the school starts from 6th Sept. Can I atleast stand a chance for tier 4 Student VISA. Can that be done whilst she is in UK with a student VISA. Please advice.

[physicskate]

Many thanks for the advice. Yes, she is not born in Uk, born in India. The plan is to join her in a private school and the school starts from 6th Sept. Can I atleast stand a chance for tier 4 Student VISA. Can that be done whilst she is in UK with a student VISA. Please advice.

She cannot switch from a visitor category to ANY other category. The school would have to sponsor her and issue her a CAS. She would need to apply for the visa from OUTSIDE the UK in a country where she holds legal residence (India?).

[Casa]

It's not possible to switch to any other visa category from within the UK while here as a visitor.

You haven't confirmed whether your daughter entered on a visitor visa or was stamped in by the IO as a visitor with temporary leave.

What do you intend to do when her leave expires?

Edit: Beaten by physicskate

[Lajouels]

sorry she entered with visitors VISA

[Lajouels]

sorry she entered with visitors VISA

[secret.simon]

Is the private school you intend your daughter to attend listed in the Tier 4 register of sponsors? Otherwise, it can not sponsor your daughter.

[Casa]

Further to secret.simon's post, when does your daughter's visitor visa expire?

From the expiry date she will be considered an overstayer if she hasn't left the UK.

[Lajouels]

Further to secret.simon's post, when does your daughter's visitor visa expire?

From the expiry date she will be considered an overstayer if she hasn't left the UK.

got another two months

[Lajouels]

Is the private school you intend your daughter to attend listed in the Tier 4 register of sponsors? Otherwise, it can not sponsor your daughter.

yes

[Casa]

You main problem is that your daughter is unable to switch to a student visa or any other category from within the UK. She will have to return to India and submit an application from there.

As you've already been advised, the school must apply for a CAS.

If you allow your daughter to stay in the UK after her visitor visa has expired, you will be digging yourself into an even deeper hole which could adversely affect your daughter's immigration record for future applications, including British citizenship.