Tier 4 Dependants Rule 319H (f) "lawfully present"

[isnoor]

[Expert opinion sought please]

My wife has started a course in London and I want to apply as her dependant alongwith our two children. She returned home after joining her course and took a leave from her College for a couple of months. Her visa is valid for more than a year still. The rule says,

"Both of the applicant's parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant."

Does it matter if she is not present in the UK while we submit our applications? Thanks for any help.

[bruteforce]

doesn't matter.

[Greenie]

when is your wife planning on returning to college? When was her visa issued?

[isnoor]

Thanks Greenie. Her visa was issued last week of March and her course started on April 4. She flew to the UK on April 2, enrolled on the course and took a leave till May 30 because our younger child wasn't well and returned home on April 8. Can you please tell how the rule 319H (f) would be applied? Going by the words, my wife needs to either apply at the same time as the children or be present in the UK. Neither makes sense to me so how is this rule implemented?