CR001 wrote:With all due respect sah10406, my response is based on a number of similar situations posted on the forum, across various visa categories, of children being refused due to the other spouse not applying to come to the UK at the same time.
I agree it happens a lot. But in my experience (which is only with Tier 4 migrants like OP), most refusals on these grounds come about because the applicant has made little or no attempt to show they meet any of the three provisions of 319H(f).
Furthermore, many applications that make a reasonable and logical argument that they meet meet 319H(f)(iii) are often successful, sometimes to my surprise!
I do agree with you: if OP's sole argument is because she misses her children, it would not be compelling. But if the broader picture includes that other parent is unable to care for the child, for example because of work commitments, that may be relevant. There is no specific guidance about the matter in the Tier 4 Policy Guidance or any guiidance for caseworkers in the Tier 4 Modernised Guidance, but there is an IDI about "serious or compelling family or other considerations" in the context of a settlement application, and it specifically address this distinction:
The objective of this provision is to allow a child to join a parent or relative in this country only where that child could not be adequately cared for by his parents or relatives in his own country. It has never been the intention of the Rules that a child should be admitted here due to the wish of or for the benefit of other relatives in this country.
Immigration Directorate Instructions, Chapter 8, Section 5a, part 1 "Serious and compelling family or other considerations":
https://www.gov.uk/government/uploads/s ... nnex-m.pdf
Experience also suggests to me (my opinion only) that where a child is applying to join a temporary migrant, such as Tier 4, caseworkers take a slightly lighter hand than they would in settlement applications. But that's just my impression.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.