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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello dear Sir/MadamI have a diplomatic visa for myself

Customer Question

Hello dear Sir/Madam I have a diplomatic visa for myself and for my independents (wife and five children), our visa will expire in March 2015. My wife is now studying English at LSI and she will join the university next year after she finish her English, and she is sponsored by Saudi Arabia Cultural Bureau in London. My oldest son will be 18 years old in March 2015 studying at Southdowns college and he is also sponsored by Saudi Arabia Cultural Bureau, my other son will be 16 years old in December and he is in Year 11 GCSE at Springfield school and he will be sponsored by Saudi Arabia Cultural Bureau when he finish his GCSEs in June 2015. my other son is now in year 9 and daughter in year 8 at Springfield school and the last one in his reception at Solent Infant School . Now if I go back I am willing to leave them in the UK to finish their studies but I do not know what type of visa to get for them especially that Southdowns college and Springfield school do not offer CAS numbers for the immigration office. Is there any way you can help me with this matter? Please excuse my bad English Mr. Alzahrani

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Will LSI offer er a car now?
Will the university that she studies at next year offer her a cas?
Kind regards
Tom
Customer: replied 2 years ago.

Hi Sir

LSI told me that my wife should get a ( c-visa or Student Visa ) and they will offer her a Tier4 visa if she score 4 in each component in her IELTS exam, she has already scored 4 in overall Band Score but not in each components,she scored 4 in Listening 3 in Reading 4 in Writing 5.5 in Speaking. But till she can score 4 in each component to get the Tier4 visa what shell we do,and what will happen for my children who they are in the middle of their studies ?

sorry, I forget to mention that we have been in the UK since 4th of Apr 2010

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
The key to this is getting your wife on a tier 4 visa, so you should focus on this. Provided that she obtains a tier 4 adult student visa then the children who are younger than 18 can switch to become dependents of her visa status subject to the usual eligibility criteria:
https://www.gov.uk/tier-4-general-visa/eligibility
https://www.gov.uk/tier-4-general-visa/family-members
If your wife cannot obtain a student visa then I cannot really see any other options for them to remain in the UK.
The child who will be 18 next year is a bit of a problem in that if he is 18 before the date that your wife applies for her tier 4 visa then he is no longer regarded as a chlid for family member purpose. This would mean that he would have to secure his own tier 4 student visa if he wished to remain studying in the UK and so if his college is not willing to offer him a CAS then you might have to look at moving to another college which is able to offer him a CAS.
I am sorry that I could not have better news for you
Kind regards,
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Sir

Thank you for your answer, but if my wife has got her Tier4 visa before my son has reach 18, will he be able to continue studying at the college with dependent visa or does he still need the CAS.

The other thing will my family be able to switch their visa from diplomatic visa to Tier4 visa from the UK or do they have to leave the country to switch the visa ?

Thank you

Expert:  Thomas replied 2 years ago.
Hi
Sorry for the delay. I will be able to answer in about an hour..
Kind regards
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your patience.
If your wife is able to apply before he is 18 then he can also apply as her dependent on her Tier 4 application.
Unfortunately, it does not appear as if she is able to switch to tier 4 from her diplomatic dependent visa because it is not listed as a switch-able category on the following webpage on switching:
https://www.gov.uk/tier-4-general-visa/switch-to-this-visa
Kind regards
Tom
Customer: replied 2 years ago.

Thank you very much Thomas

Expert:  Thomas replied 2 years ago.
You're welcome.

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