Awan-Legal : Hi
Awan-Legal : Have you served in the UK military and for how long?
Awan-Legal : My apologies! I have just realised that it is you. Unfortunately, you would still have to exit the UK and then come back as a visitor as explained in my previous answer.
Awan-Legal : With regards XXXXX XXXXX visa, you would need to apply from the British Embassy. The requirements for a tier 4 student visa are as follows:
Awan-Legal : http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/
Awan-Legal : You cannot switch from a visitor to a student in the UK and have to apply from the British Embassy.
Awan-Legal : Have you considered whether to apply on the basis of your child as discussed before?
yes i have. I have also considered the law firm information that you provided.
while im in the country on the 6 months tourist visa i can apply for the visa on the basis of my daughter?
also that firm is in london
im in harrogate
Awan-Legal : Yes under the Zambrano case as explained although you would need to declare an intention to return at the airport and explain when applying under one of the child applications how the circumstances changed so you decided to remainzx
Awan-Legal : Is that in north Yorkshire?
Awan-Legal : I am not familiar with any firms around there, however, I know that some law firms can accommodate those further away. Alternatively, there may be a firm in your area who may be able to help.
i just know that they can be extremely expensive just for a little paper work.
well then i have one last question and this has to do with my divorce. my wife had papers sent to me and i didnt send them in the allotted time. would the fact that she filed still be on file? it had been more than a year.
Awan-Legal : I can imagine. Not to worry, I am happy to help with any questions you have. Just bear with me while I draft an answer on the divorce.
Awan-Legal : You can still sign and send the acknowledgement of service but it depends on if she has taken any further action in the case - she may have served a bailiffs order for example or an affidavit of deemed service which allows the divorce to proceed if you have not returned the acknowledgment of service. You will need to check with the court giving the case number XXXXX will be on the divorce papers received.
okay cool thank you for that. i will see if i can contcat a lawyer to help me with my daughters stuff. im surprised that you would be able to apply for that while on a tourist visa and cannot apply for a student visa on a tourist visa.
That is ok, happy to help. As the child option is a European case based on Zambrano, the European laws are more flexible and allow for switching whereas the UK rules such as for students do not allow this and are more restrictive. Also, the child access route also strictly requires that you return and apply but as it is a family case (rather than a student), there is case law which can be applied in the circumstances under human rights to allow you to switch.
I hope that helps.