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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1943
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello There. My wife and step son were granted the initial

Customer Question

Hello There. My wife and step son were granted the initial visas where they are allowed to stay in the UK for 2 years they expire in July2014. They will not come to the UK until July this year. So an extension for the visas will have to be obtained I have been informed that my wife will automatically be granted and extension but my stepson will not as he will be over 18. Can you avise? Thanks
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 10 months ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Is your intention for your step son to remain in the uk?
Would he his to undertake studies in the uk?

Kind regards
Customer: replied 10 months ago.

Hi it is our intention for him to live in the UK with us and remain in the UK. It is our intention to send him to college. Thanks

Customer: replied 10 months ago.

"UK Lawyer"


Answer to your Ist Question. Yes it is


Answer to your 2nd Question. Yes it is

Expert:  UK_Lawyer replied 10 months ago.
Thank you for your question.

Your correct in assuming that a visa will not be issued for him on the basis that he is your step child as he would be over the age of 18. What you would need to do is once your son's visa expires is apply for a student visa for him if he visas to undertake studies in the uk. He would need to apply for a tier 4 visa allowing him to undertake studies in the uk. Please see following link for further information and forms :

http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/applying-inside-uk/

What you would need to do is obtain a cas letter from the college confirming he has been enrolled on a course to study at the college please see the following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/evidence/cas/

Once he has obtained a cas letter he can then apply for a visa to the home office enabling him to study in the uk with that particular college. This would be the best option for him to further his leave to remain in the uk.

Your other option would be for him to apply for discretionary leave to remain in the uk, which is permission to remain in the uk outside of the immigration rules and permission will be granted at the home officer's discretion. This permission is more difficult to obtain and you would need to provide evidence of your step son being financially dependent on you and also evidence that he has no family in Russia to return to etc for this application you need to use form FLR O, please see following link :

http://www.bia.homeoffice.gov.uk/sitecontent/applicationforms/flr/flro1

As stated above this is a complicated application and it would be hard to obtain.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that my answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further questions until you are satisfied with my answer.

Kind regards
Customer: replied 10 months ago.

UK Lawyer


Thanks but you have given me the answers that I already know about.


The reason I am contacting you is my stepson was issued a visa at the same time as my wife. By the time we have to apply for an extension to the visa for my wife my wife and son July 2014 they will have been in the country for a year. So what our fears are that at the end of that period they could ask my stepson to leave. The immigration company who has been handling or application has said that my wifes extension to her visa will be more or less automatically extended but that my sons application for an extension to his visa will be up to the discretion of the case worker/officer.


Now how can that be okay as he will have no one to return to in Russia, he will have no money as he is totally dependant on us and no where to stay in Russia.


I have heard that there is a way by going through the Court of European rights on a "Right to a family life". Apart from that a students visa is only a temporary fix or are you saying once he has been in the country for so long he can stay? Sorry for dragging this out but I need to look at all avenues. Thanks

Expert:  UK_Lawyer replied 10 months ago.
Thank you for your reply. It's not a problem at all you are able to ask questions until you are happy with the answer.

The issue with your step son is that after he is over the age of 18 he will be seen as an adult therefore the home office will not extend his visa on the same conditions and he would need to apply on his own right to remain in the uk not on any other basis, that is why his visa will not be extended.

He is unable to remain in the uk on the basis you are his parent unless as you correctly stated he would need to apply for discretionary leave to remain ie on the basis of family life in the UK. If this is the avenue you wish to explore then you would need to submit an application on a discretionary basis to the home office outlining the reasons why you think it would be a breach of his article 8 right ie right to enjoy family life if he was not granted a visa and sent to his home country.

He must apply to remain in the uk on a student visa or a discretionary visa on the basis of family life in the UK. These would be is only options. As I mentioned earlier the latter ie discretionary leave to remain is a more complex application and you would need to consult a solicitor to help with your.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that my answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further questions until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 1943
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 10 months ago.

UK Lawyer


Thanks again


I have rated your answer and given you a tip as well. If we apply for a students visa for my stepson can we apply to the home office as well at the same time?


 


Ken

Expert:  UK_Lawyer replied 10 months ago.
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Customer: replied 10 months ago.

Hi Can you tell me once we have a students visa for my step son can we then apply for discretionary leave to remain. Or what can you advise. Thanks

Expert:  UK_Lawyer replied 10 months ago.
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Customer: replied 10 months ago.

"UK Lawyer"


Good Morning. As my stepson has the initial two year visa that runs out in July next year 2014. Is it advisable to apply for the discretionary leave to remain first and we can show proof that he is totally dependant on my wife and I.


We can show proof as we had too do in the initial 2 visa application that he is totally dependant on us both and that the only surviving member of my wife's family, my wife's sister, can not afford to look after my stepson, and has no space in her accommodation to house my stepson. What can you advise?

Expert:  UK_Lawyer replied 10 months ago.
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