I recently got the decision from Home Office about Spouse Visa extension(FLR-M, 5yr route). Unfortunately, they refused me on the ground that my mom doesn't satisfy the newly-published A2 English requirement. (she’ve got A1 by the time of application).
I came to the UK as a dependent of my mom who was on spouse visa, and father is a UK national. We have been living in the UK throughout the whole 2.5 years and meet all other requirements regards to visa renewal.
We are now left with two options, either go for appeal or go back to home country to start another new application for spouse visa. Here is my concern, as I came here at 16 and I am turning to 20 now. I wonder if I am still eligible for being a dependent if we opt to start the new application.
According to Home Office:
If you’re over 18
Your parent can include you in their application as a dependant, or you can apply separately yourself. You can only apply if:
• you got permission to stay in the UK (‘leave to remain’) on a family visa when you were under 18
• you don’t live an independent life
You’re living an independent life if, for example, you’ve left home, got married and had children.
If your parent can’t include you in their form and you’re in the UK, you may be eligible to apply for Private Life in the UK (10-year route).
I did come to the UK with family visa under 18. Can anyone please give us some advice on this or Is there any other way to solve this issue?
I also have read another post talking about exactly the same situation, and they are granted the 10 yr route instead, where in this case we didn't.
My whole family is now in such dilemma and really appreciate your help
Many thanks
Zhao,
