Pbs tier 4 dependant (child) application - help needed

[piloi]

Hi,

My wife is studying for her PhD in the UK. She is being sponsored by our home government and currently hold pbs tier 4 student visa since september 2015. She spent 7 months in the UK and returned to our country in March 2016 to start collecting samples for her study. Apparently, her main site of study is here (one of the main reasons why her supervisor accepted her to be his student). I didn't apply for visa at the same time as her. Our daughter was born in the UK in Jan 2016 and coming back here together with her (no visa applied). Her study however does not affected by this.

Now that she almost finish collecting samples, we are planning to go to the UK together to complete her study. So I am planning to apply for the dependant visa together with my daughter.

The problem is, I have read somewhere that in order for the child to be granted a dependant visa, both of the parents must be lawfully living in UK, or one of the parent with visa must physically be in UK while the other parent must apply at the same time with child at the same country (outside UK).

My wife is still nursing my daughter. I really need any advise on how to proceed with my application. Is there any way that I can still apply while my wife is here?

Thanks

[sah10406]

My wife is still nursing my daughter. I really need any advise on how to proceed with my application. Is there any way that I can still apply while my wife is here?

How is it that your wife does not need to apply for a new Tier 4 visa herself? If she has not been based in the UK since March 2016, her Tier 4 sponsor would normally have withdrawn her sponsorship and her Tier 4 visa should have been curtailed. This would leave you all fine to apply for new visas together.

However, if her visa has not been cancelled, this leaves you and your daughter unable to easily meet the relevant immigration rule for PBS dependent children, this paragraph 319H(f) which you are quoting in part. You would need to meet the exception in sub-paragraph (iii) highlighted below.

(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.