Parent of a Child Visa Expiring

[Imesh]

Hi,
My two kids are under student visa (child) and one of my kid will turn 12 years in December 2019 and also my visa (parent of a child) will end on that date. Another kid is almost 14 years age. I have almost stayed on parent of a child visa for almost 6 years. The kids have still not completed 7 years stay.

As we don't want to keep them in boarding considering the age and emotional attachment.
Can someone suggest what kind of application should I make before my current visa will expire.

Thanks in advance.

[Imesh]

Hi,
Could any one please guide me which application I have to fill once Parent of a Child visa expires, as one of my kid will reach 12 years and I cannot be under parent of child visa anymore.

Your needed reply is awaited.
Thanks

[physicskate]

Hi,
Could any one please guide me which application I have to fill once Parent of a Child visa expires, as one of my kid will reach 12 years and I cannot be under parent of child visa anymore.

Your needed reply is awaited.
Thanks

What are the nationalities of the children? Are they British?? If not, you would have to qualify for a visa in your own right through marriage, work or study.

[Imesh]

Thanks for the reply.

Please note that the kids are neither British nor European nationality. As informed that I don't have any of the visa (work,study or marriage). Is there any other way I can process my application considering kids interest, as they still young (12 Years) to be on their own.

[physicskate]

Thanks for the reply.

Please note that the kids are neither British nor European nationality. As informed that I don't have any of the visa (work,study or marriage). Is there any other way I can process my application considering kids interest, as they still young (12 Years) to be on their own.

No. The opinion of the UKVI is that you can have a guardian here in the UK (paid or unpaid, there are companies that can provide this service) and they could travel home (or stay with the guardian) during holidays. This is NOT a path to settlement. Those paths are under long residence, work, or marriage. You can achieve 10 years' long residence through any combination of visas (including study or your current visa), but that doesn't mean you can hold the same category of visa for 10 years to make up the time.

If they are at boarding school, they are not on their own as the school is in loco parentis during term time anyway.

[Imesh]

Thanks again for the clarification.

What if we make application considering compassionate ground, and by fact my daughter is quite young to be left alone. Also, there are extra curricular activities she is involved where i have to physically drop her in and out after the school hours.

As you said you can achieve 10 years long residence through any combination of visas... but that doesn't mean you can hold the same category of visa for 10 years to make up the time - Is this statement of yours is not contradicting. Please would you mind explaining.


Thanks in advance.

[physicskate]

Thanks again for the clarification.

What if we make application considering compassionate ground, and by fact my daughter is quite young to be left alone. Also, there are extra curricular activities she is involved where i have to physically drop her in and out after the school hours.

As you said you can achieve 10 years long residence through any combination of visas... but that doesn't mean you can hold the same category of visa for 10 years to make up the time - Is this statement of yours is not contradicting. Please would you mind explaining.


Thanks in advance.

In the vast majority of cases, it wouldn't be possible to hold a Tier 4 visa, for example (must meet certain criteria at each extension and most Tier 4 are above the age of majority and required to show progress/ academic advancement at each step, which mostly is not possible for 10 years. There are certain caps on the amount of time spent, etc.. etc...). But if you held a Tier 4 for 6 years and then, say, a Tier 2 for 4 more years, you would then be eligible under long residence rules. You cannot have a parent of a child visa for 10 years, but it would count towards the 10 years. So no, my previous statement was not contradictory.

I personally would see a private life application as frivolous and vexacious. But I do not know what the HO would view such an application as... There are many foriegn underage children at boarding school in the UK (and elsewhere in the world) without their parents. You made that decision when the children started school in the UK... so the application (this is just MY opinion) has no real merit. There are families separated and parents with BC children not allowed to be in the UK, so your case doesn't have excpetional compassionate grounds.

Is she not at a boarding school????! All of the boarding schools I have worked at have always coordinated/ brought in people/ transported children to their extra-curriculars. They are in loco parentis. There are no 'after school hours' at boarding schools?!

I am unaware of any non-boarding schools that would be able to sponsor your childrens' Tier 4 visas.

[Imesh]

Hi,

Thankyou for your time.

My kids are holding Tier 4 visa and they have almost completed 6 years and we will plan for their extension and it seems there will be no issues for their extension. For the kids I think it will be renewal as usual and then we can apply for their ILR under the 7 years rule. Any comments ?

But, I would like to apply on humanitarian ground not on private life as mentioned in your reply. Considering the wellbeing of kids I think HO will grant me extension for another 2.5 years. As said I don’t want to keep the kids in boarding because of the emotional reasons, hence, the humanitarian application. I agree with you that the application is not straight forward, but you are missing one point here that I am not putting any financial burden on anyone, I have managed for the last 6 years without working just taking care of kids and can manage for the coming years.

Any comments considering the above points, that can help with the application.

Thanks

[CR001]

For the kids I think it will be renewal as usual and then we can apply for their ILR under the 7 years rule. Any comments ?

There is no 7 year ILR route. 7 year route is FLR fp 2.5 year visa, costs £1033 plus £1000 IHS each.

[physicskate]

But, I would like to apply on humanitarian ground not on private life as mentioned in your reply. Considering the wellbeing of kids I think HO will grant me extension for another 2.5 years.

'Humanitarian grounds' means applying as a refugee. Are you fleeing persecution from your home country?

I think you underestimate the 'hostile environment' to immigrants and the grounds on which applications are decided. It matters to them not one bit that you are self-supporting.


I've just had a look at your current visa. It states the following stipulations:
You cannot:

switch into a different immigration category from a ‘Parent of a Tier 4 child visa’ when it expires
make your main home in the UK

I am not sure what the HO will make of the fact that you knew the stipulations of the visa and have chosen to ignore them...

In addition to the '7 years in the UK route for a child', which as previously mentioned is not an ILR application, you also have to prove that it would be unreasonable for the child to leave.

My convoluted explanation of your question about different categories being needed to make the 10 eyars ILR requirement was NOT about underage Tier 4 applications (as I stated) but about the difficulty many mature (read: over 18) applicants have in this category. As I also said, it does not apply to everyone. An extension to your childrens' visas looks like it should be possible. An extension to your visa is not. That was always explicite.

Apply away, but my opinion (and this is just my opinion based on years of supplying immigration information but not being an immigration professional) is that you are fighting a LONG and expensive battle that is attempting to frustrate the immigration rules, which has no realistic prospect of success.

Does anyone else know if 3c would apply as it is so explicit that this visa cannot be extended beyond the child's 12th birthday? And that it is not possible to switch to any other category from the parent of a child visa?

[Imesh]

Thanks for your reply.

I think humanitarian ground just don’t cover refugee what I have read it covers also “Claim for leave outside the Immigration Rules because of compassionate and compelling circumstances”. I really think HO decide / judge every application, case by case. It matters how you present your case.

I need to fill the FLR (HRO) form to proceed further or there is any other application ? Please advise.

Thanks for your time.

[Imesh]

Hi,

In continuation of the subject matter, can anyone please post the link /thread where someone with "parent of a child" visa was granted extension on humanitarian or compassionate grounds.

Or any more information which can help me in processing my application.

Thanks

[geoeng]

https://assets.publishing.service.gov.u ... 1.0ext.pdf

Just my opinion, but I doubt this situation will be considered exceptional or unique enough to qualify for a visa under this category. Granting a visa under these circumstances would set a precedent that completely circumvents the existing immigration rules.