1

I want to apply dependent visa for my children as i got student visa and want to travel all together.

The question is can i apply dependent visa for them without applying for husband as he can't apply because he got 320 7a refusal on visit visa 9 years ago (EO didn't satisfy with tax paper). Will my kids get visa without my husband application?

Other option: apply for all dependent ( husband+kids) and attach other evidence especially tax paper which clear his previous refusal and mention that he must be travel with his wife because of children care as she has a full time course.

Improve this question
8
  • The ECO may wonder why the children can’t just stay in their home country under the care of their father.
    – Traveller
    Oct 22 at 9:56
  • @traveller , the problem is that I can't leave my kids because my husband is a businessman and he mostly in his meetings. So main care person is me. He is financially supporter. If there is any option that he can also apply because the refusal was 9 years ago on visit and now he will apply as a dependent especially for kids.
    – user123616
    Oct 22 at 10:55
  • What were the reasons your husband was refused? Was there deception involved, or did he just not present evidence that satisfied the immigration agent?
    – DJClayworth
    Oct 22 at 13:25
  • 1
    If your husband is a businessman and can't stop doing that, how is he going to be able to come to the UK anyway? And if he comes to the UK, how is he going to have time to take care of the kids?
    – DJClayworth
    Oct 22 at 13:26
  • 4
    Get also ready to explain how you can take care of the children if you are a full time student.
    – Willeke
    Oct 22 at 14:05
2

TL:DR Your case appears complex. IMHO you should seek advice from an Immigration lawyer.

Option 1: apply for child dependents only

You don’t mention how many children you have or how old they are, however you will need to meet the eligibility requirements in https://www.gov.uk/guidance/immigration-rules/appendix-student, including:

  • Care requirement for dependent child of a Student ST 35.1. If the applicant is aged under 18 on the date of application there must be suitable arrangements for the child’s care and accommodation in the UK which must comply with relevant UK legislation and regulations.

Child care in the UK is expensive and places can be scarce (there are often long waiting lists). The average cost of sending a child under two to nursery is £138 per week - part time (25 hours) and £263 per week - full time (50 hours).

  • Financial requirement for dependent child of a Student. This requires proof of £845 per month (if studying in London) or £680pm (studying outside London) for 9 months, equating to £7,605 or £6,120 for each child. The funds must be in addition to the funds required for the Student to meet the financial requirement.

Option 2: apply for all dependents (husband and children).

ST 29.1 of the Immigration Rules https://www.gov.uk/guidance/immigration-rules/appendix-student state ”The suitability requirements for a partner or child on the Student route are that they must not fall for refusal under Part 9: grounds for refusal.”

Part 9 states “ 9.8.1. An application for entry clearance or permission to enter must be refused if:

(a) the applicant has previously breached immigration laws; and

(b) the application is for entry clearance or permission to enter and it was made within the relevant time period in paragraph 9.8.7.

The relevant time period is 10 years in the case of a 320 (7a) refusal, meaning that your husband’s 9 year old refusal makes it highly likely an application from him would be refused. See this related question for a further explanation of how a 320 (7a) refusal typically affects subsequent applications https://travel.stackexchange.com/questions/77813/uk-visa-refused-once-under-3207a-false-or-forged-document-and-i-want-to-app

Improve this answer
3
  • Thank you so much. My 3 children ages are 13, 10 and 7, so they don't need any nursery. I have also arranged financial requirements because my husband is a financially supporter, he will give bank statement and affidavit. If i go to option 1 and provide all documents like bank statement, tb test, birth certificate and other paper which HO mentioned , then my case still be complex?
    – user123616
    Oct 24 at 7:14
  • 1
    @user123616 It sounds to me that your case will still be complex.
    – gerrit
    Oct 25 at 9:35
  • Your husband can potentially leave his business to be run by his partner and brother in order to come to the UK, but can’t organise childcare for his 3 school age children in his home country? Your case still looks complex, not least because you’ll probably need to satisfy UKVI as to how you’ll study and care for your children if you’re a full-time student gov.uk/law-on-leaving-your-child-home-alone
    – Traveller
    Oct 25 at 11:28

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.