Thanks for your question.
The short answer is that you can apply to bring your wife and her son here if you otherwise fulfill the eligibility criteria, but you will not be able to bring the daughter here on the basis of your marriage to her mother because persons over 18 years of age are not classed as dependents. In order to bring a child here in these circumstance it must be as a dependent.
Your wife would have to apply for a spouses visa and show that:-
- 1. That you are legally married to each other (marriage certificate)
- 2. That you are present and settled in the UK (property records - tenancy agreements, Land registry office copies, other records of your life here, council tax bills etc.
- 3. You have met before (statements, correspondence)
- 4. Your decision to marry was not due to you potentially being deported)
- 5. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements about your relationship from you both and any others, correspondence)
- 6. You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
- 7. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
- 8. That neither of you are younger than 21 years of age. (birth certificates, passports)
You will need to apply for settlement (ie. spouses visa) by using VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it.
You can find Uk immigration solicitors through the following Law Society Website search engine:-
She will also have make an application for settlement on behalf of her son as her dependent in the same way.
If the application if made after 24th November then she will have to pass an English language test showing she has a very basic command of listening and spoken English. You can contact the home office to find approved test providers in her area.
The daughter must instead see if she is eligible to apply under either a student visa of under the points based workers visa system and I attach a link to the governmental page with a menu for these categories so that she can check:-
I am very sorry that I could not have better news in respect of the daughter.
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