With regard to Q2- -the daughter who is now 20 yrs old is studying in the USA (not the UK) and obviously wishes to come home at the end of the academic year at least to the UK to unite with her parents. Are you saying that on the facts presented she does not qualify as a "dependant" (even though she is financially dependant on her parents and is in receipt of full time education) and that if she has no application in her own right to stay in the UK now that she is an adult, she could only return to the UK as a visitor during vacation times?
With regard to Q5, it is not suggested that the wife and younger child would make separate applications from the father and daughter but the query is whether the wife and younger child could be allowed to proceed at a slower pace to avoid the substantial fees of the premium service for all 4 of them. It sounds as if you are saying they all have to be dealt with at the same time as the father's application is the lead application, is that so?
With regard to Q6, it sounds from what you say that you cannot book an appointment for the premium service until you are within the 28 days leading up to the expiry of the visa and so there would be no point in applying for the service earlier. Is there in fact any point in applying for this service earlier than the 28 days if it does not give you any priority in booking the appointment ? If there is any advantage, can you clarify what this would be?
Many thanks if you could deal with these points.
Many thanks for the above replies.
On the point about the applicant's daughter possibly being considered a "dependant " even though now an adult, if she is now in receipt of full time education and still dependant in that sense, is there not a point that as she was under 18 yrs when the first tier 2 application was made in September 2012, that she can still apply again as a dependant ?
As my friend is hearing different things, I would be grateful if you could clarify this further.
Sorry I am not sure what you mean by "PBS migrant". Can you clarify please.
So if she was able to reduce her study time in the USA to less than 26 weeks (even by a day or so) in a year, would this be enough to preserve her residency status in the UK?
Would one breach of this if she has been out for more than 26 weeks in the last year 2014/15 or may be by the time her course finishes for this year, be enough to lead to a refusal ?
Would there not be some basis in human rights law about continuation of family life that might be an argument to use? It seems very hard that she cannot see her family (through no fault of her own other than the high level of foreign student fees in the UK) other than by paying substantial visitor entrance fees each time she wants to do this.
I would appreciate your further comments.