Tier 4 switch to spouse visa without depedants

[Princeomen]

Hi,
I am new in this forum, I will appreciate if someone help me with information I need to apply for my wife spouse visa.
I am a British citizen. My wife came to UK with her dependants which also happens to be my kids on student visa. But we are now legally married in our home country and about to apply for spouse visa but I want to know if I can be able do apply for settlement visa for my children instead while my wife apply for spouse visa, if not can my wife apply for her spouse visa first then the kids because of the fees involved

[CR001]

When and how did you become British?

How old are your children?

Are you named on their birth certificates?

Presumably they were born outside the UK??

[Princeomen]

Thanks CR001 for your quick response. I become British last year November but was married to another person which we now are now divorced and I’m married to my kids mother

The kids are 11 and 10

Yeah my name are on their birth certificate

They were all born outside Uk

[CR001]

I become British last year November but was married to another person which we now are now divorced and I’m married to my kids mother

I hope your Decree Absolute is dated BEFORE your current marriage to your wife.

The kids are 11 and 10

Your children will follow the same path as their mother. There is no shortcut for them unfortunately. You will need to apply for their visas with their mother.

The minute their mother changes to a spouse visa, their Tier 4 dependent visas are likely no longer relevant or valid.

[Princeomen]

The degree absolute was dated before our marriage

I was planning the mother to apply first with the 24hours super priority service then I can send the kids application later

[Jhelumi]

Thanks CR001 for your quick response. I become British last year November but was married to another person which we now are now divorced and I’m married to my kids mother

The kids are 11 and 10

Yeah my name are on their birth certificate

They were all born outside Uk

Hello,

Did you have 2 wives at the same time prior to Novmeber 2018? Or did you have kids outside of wedlock to your second wife while you were married to your first wife?

[Princeomen]

I had kids before my marriage which is now dissolved. I was not married to my kids mother before now or before my first marriage which is now dissolved

[Princeomen]

CR001 please want to know if there is a way I can apply first for my wife spouse visa then my kids later because of the fees involved

[Frontier Mole]

I am seeing a world of refusals coming. So as soon as your decree absolute hit the door mat you are about to apply for a spouse visa and dependents for your children. That will send rockets into the sky saying what was going on here!!

You don’t seriously think that the Home Office is going to say all ok let’s grant this without putting two and two together to see what was actually happening. Did you declare your children in previous visa applications? If that is a no then you are straight down the route of deception.

Can I ask was your ILR based on marriage to a EU citizen?

[vinny]

With existing children with current spouse, it sounds like your previous marriage was one of convenience.

[Princeomen]

This is not why I’m here,let’s leave it for Home Office to decide. Anyway non of those apply to me. What I’m here to find out if my wife can actually apply for spouse visa without my kids for now

I am seeing a world of refusals coming. So as soon as your decree absolute hit the door mat you are about to apply for a spouse visa and dependents for your children. That will send rockets into the sky saying what was going on here!!

You don’t seriously think that the Home Office is going to say all ok let’s grant this without putting two and two together to see what was actually happening. Did you declare your children in previous visa applications? If that is a no then you are straight down the route of deception.

Can I ask was your ILR based on marriage to a EU citizen?

[Frontier Mole]

Don’t worry I will leave it for the Home Office to decide as you suggest. I will let you know how that goes.

[Frontier Mole]

As for the question you posted - can a tier 4 dependent switch to an in country application spouse visa. Yes she can.

Do you need to apply for dependent visas for the children currently on tier 4 child visas - no you don’t until the expiry of their tier 4 visas. The children must continue to be educated at the private school and if they are no longer attending that school and there is a move to a state school they would have to be on a dependent visa.

[CR001]

As for the question you posted - can a tier 4 dependent switch to an in country application spouse visa. Yes she can.

Do you need to apply for dependent visas for the children currently on tier 4 child visas - no you don’t until the expiry of their tier 4 visas. The children must continue to be educated at the private school and if they are no longer attending that school and there is a move to a state school they would have to be on a dependent visa.

Not totally clear from OP post if it is the children on a tier 4 child visa or the mother on a tier 4 with children as dependents.

[Princeomen]

My wife came here on a tier4 visa and my children on tier4 dependants of her but it was declared that they were my kids which I gave consent before they arrived here. I just want to know if applying for my wife spouse alone will affect their own tier 4 visa for now

As for the question you posted - can a tier 4 dependent switch to an in country application spouse visa. Yes she can.

Do you need to apply for dependent visas for the children currently on tier 4 child visas - no you don’t until the expiry of their tier 4 visas. The children must continue to be educated at the private school and if they are no longer attending that school and there is a move to a state school they would have to be on a dependent visa.

Not totally clear from OP post if it is the children on a tier 4 child visa or the mother on a tier 4 with children as dependents.

[Frontier Mole]

If she moves to spouse visa then the children have to move to dependent visas too. As they are dependents of her tier 4 visa and she is switching, they have to switch in line with her at the same time.