Dependant Visa refusal for kids and spouse

[Abike81]

Hello, I am a health care worker on tier 2 visa, I recently applied for dependant Visa for my kids and husband. It was refused because my husband had immigration issues 12 years ago, which he voluntarily left the UK. Everything was explained in the application but the visa was still refused for him and the kids. Can I re apply for my kids alone while he appeals his own refusal. Thank you

[secret.simon]

The rule of thumb for non-British children is that they follow the UK immigration status of the second, less-privileged parent (assuming no divorce/death of second parent, etc).

So, in this case, their UK immigration status is tied to that of your husband.

He would need to iron out his immigration status before your children can get UK immigration, in line with him.

[Ahmd_64]

Have you sorted your husband and kids visa?
What was the immigration issues of your husband?

[Abike81]

I am yet to sort the refusal issue for my kids. I am planning on getting the custody of my kids and apply for them alone without their father. I think that's the only option I have. Please I need advice if taking custody of the kids and applying for them will be alone will be accepted.

[Abike81]

I have taken sole custody of the kids after their refusal. Can I re apply for the kids alone now that I have the custody. I will need advice as am confused on what to do.thank you

[Frontier Mole]

Are you now divorced?

[Abike81]

Yes separated, and i have the sole custody of the kids. Can I re apply now for the kids alone but am confused because I applied as a family 4 months ago.

[Frontier Mole]

Separated does not have a particularly strong legal meaning unless you have court papers to make the separation formal. If you do not have a formally recognised and registered separation that can be referenced and verified then that could be problematic.
If you were divorced and had custody then I would think you have a strong case.
The lack of time since your last application and a new application under the new custody arrangement and separation will no doubt bring a high degree of scrutiny. If the caseworker is satisfied with the evidence then it would be granted the same way if you waited longer. It makes no difference to the outcome.

[Abike81]

I have done the separation through the court and it can be verified. Am scared because I don't want the kids to be refused again

[Ahmd_64]

when you have Visa decision. Please update here

[AmazonianX]

As @Frontier Mole pointed out, separation is shaky compared with divorce.
This coming few months after refusal and reapplying again in short duration could be seen as trying to circumvent meeting the requirements.