Spouse visa extension inclusion of son on different visa

[rajofdhan]

Hi there, I am here to have some advice with regards to family visa extension.

My wife & youngest son (under 18) came UK as my dependent in December 2016 with visa expiring in Nov 2017, while I was on T1 (entrepreneur) visa . I was awarded with ILR in Sep 2017 on 10 years route before my T1 extension was due. In November 2017 as per advice of my then lawyer through a premium service I applied my wife’s visa under spouse category whereas son’s visa for indefinite stay, although I met the financial requirement up to 23K. My wife was granted a visa of 30 months on same day whereas son’s application was refused and was given an option to switch into 10 years if we deposited NHS fee. Which I deposited as my lawyer advised and my son was granted visa in 10 years route (Type of permit: Leave to remain).

I realise that it was a mistake & my lawyer didn’t guide me properly I could have applied my son’s application with my wife under family visa (appendix FM) instead of applying for indefinite stay.

Now my wife’s extension is due in May 2020 and Son’s extension is due in June 2020. Is it possible for my son to be included in my wife’s application to be granted visa under appendix FM (family visa) to avoid completion of 10 years route, if so would he be able to apply for indefinite stay after 30 months. I have met the financial requirement according to wife & son around 24K.

[rajofdhan]

Just to mention that my son will be 21 on 29th of Jun 2020 whereas his current Visa expires on 13th of Jun 2020.

[seagul]

I realise that it was a mistake & my lawyer didn’t guide me properly I could have applied my son’s application with my wife under family visa (appendix FM) instead of applying for indefinite stay

In November 2017 your son should be over 18 years who wasn't previously holding any visa under family visa route so how could he has been included in the same application.

You were born outside the UK
Whether you can apply depends on your age and how your parent applied.

If you’re under 18
You must:

not be married, in a civil partnership or living an independent life
be financially supported without claiming public funds
One of your parents must also be applying or have applied for a visa or to extend their permission to stay as a:

partner - and the partner they’re joining is your other parent
parent - and they have sole parental responsibility for you
Otherwise, you might still be eligible to apply if there are serious reasons to let you come to, or stay in the UK and there are plans for your care.

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
do not 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 cannot 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).

https://www.gov.uk/uk-family-visa/child