Dependant study right during the waiting reapplication of the extension

[Kimlisa]

Hello members,

We have applied a new application for extension after the refusal . And currently the case is pending.

I have one question is that can my son who is my dependant in the application enroll his university study in this circumstance.

The university told us they will enquiry the HO and asked us to wait. I am a little bit worried about it since this is a new application after refusal.

[marcnath]

Hello members,

We have applied a new application for extension after the refusal . And currently the case is pending.

I have one question is that can my son who is my dependant in the application enroll his university study in this circumstance.

The university told us they will enquiry the HO and asked us to wait. I am a little bit worried about it since this is a new application after refusal.

Unfortunately, you and your family are overstayers now and that would impact his ability to enrol. One possibility would be to vary his visa applicaiton to Tier 4 if the checks come negative

[Kimlisa]

Many thanks Marcnath!
Yes the school has checked my son with the HO and he can not enroll in the school. In this senoria can he change his dependant T1 entrepreneur visa to T4 student visa in the UK? He had been in UK 10 years in August this yea. Is it possible to apply long live ILR after his visa transfer for our first extension AR was refused on 6 July 2018 and now we are over stayers.

[marcnath]

Many thanks Marcnath!
Yes the school has checked my son with the HO and he can not enroll in the school. In this senoria can he change his dependant T1 entrepreneur visa to T4 student visa in the UK? He had been in UK 10 years in August this yea. Is it possible to apply long live ILR after his visa transfer for our first extension AR was refused on 6 July 2018 and now we are over stayers.

You can vary his current application to ILR(LR). You should have already done that in July !

Have the rest of you also completed 10 years ?

[Kimlisa]

No we are not.
Just worry the successful odd of my son’s varying due to our first extension refusal.
We are so upset!

[marcnath]

No we are not.
Just worry the successful odd of my son’s varying due to our first extension refusal.
We are so upset!

The extension refusal in itself is not a disqualification to vary the second application to ILR. Plenty of cases here that have successfully done that, as long as you have sent in the second application within the 14 days.

Those cases have been for the main T1E applicant, but I see no reason why it should not be the same for your son.

In fact, if you could have done it within the 14 days of refusal, your son should have gone for same day decision in July. Unfortunately, since the extension application is in process, he can't do PEO any more and has to vary the application by post.

[Kimlisa]

Yes, we applied with 14 days after the AR refusal.

Since his 10 year completed on August 2018, and the refusal was on 6th July 2018. Is there a gap for his long residency legally?

If the LR application failed, is it possible for him to come back as my dependant for he is over 18 year old.

[CR001]

If the LR application failed, is it possible for him to come back as my dependant for he is over 18 year old.

No he cannot. He would have to find a visa that he qualifies for in his own right.

[marcnath]

. Is there a gap for his long residency legally?

Did not understand this ....

[Kimlisa]

Sorry for my blur. My meaning is he completed his 10 year after the refusal, even if we are waiting for the results of the fresh application, we are already over stayers now. Does his staying count into the 10 year residency after the refusal on July as he is a over stayer who even can’t study here.

HO May treat this as a long residency gap and reject him for my concerns.

[marcnath]

Sorry for my blur. My meaning is he completed his 10 year after the refusal, even if we are waiting for the results of the fresh application, we are already over stayers now. Does his staying count into the 10 year residency after the refusal on July as he is a over stayer who even can’t study here.

HO May treat this as a long residency gap and reject him for my concerns.

As I said before, that overstay is ignored if it there was no gap of more than 14 days