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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a Saudi lady studying for Phd in Uk. This is my third

Customer Question

I am a Saudi lady studying for Phd in Uk. This is my third year.I have. tire 4 visa. My son is 15 years old and he has a tourist visa. He is with me here in the UK. I want to enroll him in school but he must get a child student visa. I cannot go home to do it for him. Can I change his visa from tourist to child student here in England? I have all the document that shows he is supported my our government for his maitanence.
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.
Hi,

Has the child recently lived permanently elsewhere?

Why is he on a visit visa if it was expected that he would enrol at schoo?

Tom
Customer: replied 4 years ago.
We all used to live permenantly in Saudi Arabia, but since I got a scholarship in 2011 and came to live here to study , he has been coming to me on holidays and spending his summer with me here.
After the summer he asked if he could live with me here and study here, we got permission from his father to let him in my custody here and he agreed and i have a legal paper of custody. Till now he has been home schooled but I want to enroll him in a proper school.
Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

I don’t really think that a Tier 4 child visa is appropriate here first of all. It’s a separate application and is usually for children coming here on their own to study.

If they will live with you then the application that is most appropriate would be an application to become a dependent of your Tier 4 visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/family/

This is the application that you should make, I think.

However, visit visas have a condition that the visitor must leave the UK before the expiry of the visa. This is taken to mean that they should not apply to switch in to another category of visa. This is very strictly applied by the UKBA and usually the only times that a person is allowed to switch is where it would be plainly detrimental to their health or where other exceptional circumstances apply.
The starting point of the UKBA would be to look to reject an in-country application on this basis. If there is no complicating factors which mean that there is a specific reason why you cannot allow your son to go back to his home country with his father and to make the Tier 4 application from there then I would do this. It’s massively less controversial and if he otherwise meets the eligibility criteria he will receive his visa.

If you make the application in country then you will most likely find yourself in a fight with the UKBA on appeal. It would suck up a lot of your free time and money if you instruct a solicitor. It may also take longer to actually get his leave to remain here even if you win the appeal.

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Kind regards,


Tom
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Customer: replied 4 years ago.

I hae another question please. Now my son is here with me and he has a 2 year general visit visa. He was here june and july, then we all went home foe the month of August for summer vacation. Then I came back September and he came with me and is home schooled here. Then he went to Saudi for Cristmas vacation. He came back January, and wants to go to Saudi in Easter vacation. And come back here after the Easter. Would this cause a problem with the immigration? Does this breach the 6 months stay limit?

Expert:  Thomas replied 4 years ago.
Hi

How many days since he first came in June has he spent in the UK?

Tom
Customer: replied 4 years ago.


nearly 6 weeks

Expert:  Thomas replied 4 years ago.
Hi

I will only be able to answer tomorrow now..
Customer: replied 4 years ago.


Ok. His visa was issued 2 June 2012 - 2 June 2014


 


1- He came here 24 june 2012 - 30 July 2012


 


2- September 3 , 2012 - 23 December 2012


 


3- January 13, 2013 till now.


 


He wants to go on 23 March 2013 and come back 10 April 2013.


 


Would he face problems getting in?


 


Goodnight


 


 

Expert:  Thomas replied 4 years ago.
Goodnight..
Customer: replied 4 years ago.


Excuse me, May I know the answer?


 

Expert:  Thomas replied 4 years ago.
Sorry!

I calculate that by the time that he leaves on 23/03/2013 he would have spent a total of 168 days in the UK since he first came on 24 June.

This would mean that he only have another 12 days left until he reached the 6 months in the UK for the 12 months commencing 24 June 2012. This means that I am highly doubtful that they would let him back in if he were to return immediately I'm afraid.

Tom