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UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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We are applying Leave to Remain in the UK from

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We are applying for Indefinite Leave to Remain in the UK from a Tier 2 General migrant Visa. We have lived in the UK over 10 years. We were on a student visa before. We are a family of 4 members. Dad, mum, 18 years old and 6 years old. The eighteen years old has been admitted at the Bates College in the US, so right now is in the US.
Our visas expire tomorrow and we don´t know what to do with respect to our son. We are aware that he needs an individual application because he is over 18. However, right now he is not in the UK. He has not sit the Life in the UK test for this reason.
Do we need to send his application along with ours or waiting for him to come back in December and apply then?
If he needs to wait until December, what visa does he need to apply to enter UK in December, as his expire tomorrow?
Many thanks in advance
I am afraid bad news.
You cannot lodge an application for your son as he is not in the UK currently. If he was in the UK, you could have lodged his application as a dependant even though he is over 18 as he was your dependant before he turned 18.
If he returns to the UK in December, he will need to obtain a visa in his own right as a visitor if he holds a passport of a country which requires a UK visit visa.
Hope this helps
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