Switch from Tier 4 (Child) to FLR

Hello,

Please advise if it is possible to switch a Tier 4 visa (child) for a young child attending an independent school and living with a British parent not far from school to a some kind of FLR visa?   Child is not British and cannot be registered as a British citizen until after he resides in the UK for 3 years.

Will Tier 4 visa and, if possible, FLR count towards the 3 years residency requirement to register as a citizen?

Many thanks.

Is there a reason why you don’t want to apply for a settlement visa for your child, so that your husband and child are on the same path and timeline?

We haven’t had anyone take this approach before.  I would think the fees and funds required for an independent school will be roughly the same as needed for a settlement visa.  I cannot think of how a Tier 4 visa would be beneficial.   

I believe the hurdle is that while they had enough savings to qualify for the spouse visa, they don't have enough to qualify for an additional dependent.

That being said, aren't the tuition fees for independent schools anywhere from £15-18k per year?  If so, I'm not sure that a Tier 4 child visa would be any easier on the financial side.

Hello Aquila,

You are correct.  We had enough for hubby but can't meet the financial requirement for our son.   Our priority is not to split the fam.   And if we are all in the UK, then after  6 months (i.e. 6 payslips) we should be in a position to apply for a settlement or some kind of FLR visa for him.

There is a reasonably priced school very close to where we are planning to live and he'll be in reception so we should be able to afford that.

Please advise if Tier 4 visa could be switched to FLR and if it would count towards the residency time. 

Thank you.

We haven’t had anyone take this approach before.  I would think the fees and funds required for an independent school will be roughly the same as needed for a settlement visa.  I cannot think of how a Tier 4 visa would be beneficial.   

And the IHS fee for your son to use the NHS, bill free,  which I don't think they give a rebate on  if you choose to apply for another visa, meaning you might have to pay the IHS again.

Tier 4 does not count towards ILR, unless it is part of of 10 years of continual lawful stay, under resent rules, but for the 3 year as a child of a British citizen...I'm not sure as I don't know the rules for that. 

Unless ksand knows, you might be better off asking these various rules on https://www.immigrationboards.com/immigration-for-family-members/ as they will have seen these type of questions before, plus they have Home Office staff positing on there who know the rules..

The time spent would count to towards the three year residence, as that's separate to immigration rules.

Would an independent school have a sponsorship license for a child in reception though?  That would seem to be a hurdle to me....  But yeah, this could be a feasible route.  How long would they consider the course for though?  If it's a primary school, would the length simply be one year?  Or would it be the entire length of primary school (six years) and therefore you'd need the annual tuition x 6 to be able to qualify...

Would an independent school have a sponsorship license for a child in reception though?  That would seem to be a hurdle to me....  But yeah, this could be a feasible route.  How long would they consider the course for though?  If it's a primary school, would the length simply be one year?  Or would it be the entire length of primary school (six years) and therefore you'd need the annual tuition x 6 to be able to qualify...

Good point. The Tier 4 (child) visa starts at age 4. Children start school at that age. What is the age of your child?
https://www.gov.uk/child-study-visa

 Does the school have a sponsorship licence?  The school would be his sponsor.
https://www.gov.uk/government/publications/register-of-licensed-sponsors-students

Would an independent school have a sponsorship license for a child in reception though?  That would seem to be a hurdle to me....  But yeah, this could be a feasible route.  How long would they consider the course for though?  If it's a primary school, would the length simply be one year?  Or would it be the entire length of primary school (six years) and therefore you'd need the annual tuition x 6 to be able to qualify...

Yes, this was something that I had thought of as well.  I'm not sure how many independent schools have licenses to sponsor student visas.  And in regards to tuition, I don't know if the fees are the same for everyone, or if they are higher for international students.

But assuming that the school is able to sponsor visas, and the fees are affordable, I don't immediately see anything glaringly problematic about this approach.  As far as I'm aware, all legal residence in the UK would count towards the 3-year requirement. 

I can't find any guidance that specifically prohibits a Tier 4 child visa holder from switching within the UK to another category, so assuming the school placement works out, it appears that there is the possibility to switch to FLR once the parents are able to meet the financial requirement through UK employment.

Good point. The Tier 4 (child) visa starts at age 4. Children start school at that age. What is the age of your child?
https://www.gov.uk/child-study-visa

 Does the school have a sponsorship licence?  The school would be his sponsor.
https://www.gov.uk/government/publications/register-of-licensed-sponsors-students

If I recall correctly, age 4?  Maybe 5 by the time they move and start school?

What are the current Immigration status  of both parents?
What were the immigration status of both parents when child was born?

What are the current Immigration status  of both parents?
What were the immigration status of both parents when child was born?

From what I understand (though hopefully the OP will be along to confirm or correct these details):

Mom is a UKC by descent.  She has never lived in the UK.

Dad is a USC who has recently been granted a UK spouse visa.  At the time of the child's birth, Dad did not have a UK visa.

Child was refused registration as a UKC due to Mom being a UKC by descent and neither mother or child have lived in the UK previously.

What are the current Immigration status  of both parents?
What were the immigration status of both parents when child was born?

They are all living  in the US vinny, not the UK.

Both parents and the child are US citizens.The mother is also British by descent.

The child was born in the US to British by descent mother.

They want to move to in the UK. The British by descent mother has never lived in the UK.


Looking back at the posts. British citizens (mother) does not work so they applied for a visa for the US husband, which he got. They were refused a British citizen passport for their US born child because he is not a British citizen (mother is by descent).

Ok. Child will be entitled to register under Section 3(5) after residing for at least 3 years in the UK. The category of leave may be unimportant.


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How old is the child?


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Ok. Child will be entitled to register under Section 3(5) after residing for at least 3 years in the UK. The category of leave may be unimportant.


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They know that, but don't have the savings to sponsor the US citizen child too. That's why they are looking to see if they can bring the US child on a TIer 4 (child) visa. The US husband now has a spouse visa (using savings) and they all want to move together.

They were asking if they can switch the child from the Tier 4 (child) visa, when the US husband has worked for 6 months and they can use that salary to sponsor the child too.

They thought their child was British and applied for a British passport, which was refused. The US husband now has a spouse visa.

We are now wondering about the cost of that Tier 4 visa: school fees and for how mamy years school fees they might have to pay for sponsorship.