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How can I take my child to the UK if I am ILR equivalent hol

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Belochka82
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How can I take my child to the UK if I am ILR equivalent hol

Post by Belochka82 » Fri May 02, 2014 7:29 pm

I immigrated to London in 2004. First 3 years on a student visa , then got married and got EEA National Residence Card for 5 years. After this period, I have received the Perminent Residence, which is equivalent of ILR that is given to family members of EEA nationals. It gives all the same rights. It was the spring of 2012. In Autumn of 2012 my husband and I split up and I went to Russia . There I had a baby and now I want to go back to the UK, but with the baby ( which is currently only 3 months old ) . In September, there will be exactly two years since I left and I need to enter before the expiry of this period , so that I dont lose my Perminent Residence. Clearly I dont have a flat or wor, but I can stay with my ​​ex-husband . I'll find a job , but I can not go there first , to find a job and work there for six months before taking the baby. He is too small, so I can t leave him . What are my options ? What kind of visa can I get for my baby so he could go with me immediately for at least six months, and then I d find a job and will be able to apply for a visa of a dependant.
And, the child has a father, but he doesnt mind us going to the UK. Although he wants to stay his father on paper and see his baby every now and then.
And here's another question:could the absence due to pregnancy and childbirth be considered as inevitable circumstances( eg if I say that the doctor told me not to fly because of the threat of miscarriage - its true) and if I can apply for citizenship say in a years time? Or do I now need to wait 5 more years?
Also will I have trouble entering the UK after such long absence?
Thanks in advance for answers

Obie
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Re: How can I take my child to the UK if I am ILR equivalent

Post by Obie » Sat May 03, 2014 8:59 am

You should be able to get him to the UK under paragraph 297of the Immigration rules.

Appendix FM will not apply, but you will need to demonstrate that you have sufficient resources.

If you enter before the Autumn , and reside continuously for 12 months preceding the naturalisation application, then you may qualify, subject to passing the life in the UK test and the English language test.
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Amber
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Re: How can I take my child to the UK if I am ILR equivalent

Post by Amber » Sat May 03, 2014 10:18 am

The child could only be admitted for ILE if the OP has sole responsibility for the child or there are serious and
compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care, this is because the other parent is not present in the UK nor is the other parent settled, I assume he is Russian?
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Re: How can I take my child to the UK if I am ILR equivalent

Post by Obie » Sat May 03, 2014 10:36 am

I dont think that fact is in dispute.

I believe even if 297 (i)(e) is not applicable, then (f) will certainly apply to a 3 months old child who is to alll intense and purpose wholly dependant on its mother.
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Re: How can I take my child to the UK if I am ILR equivalent

Post by Amber » Sat May 03, 2014 10:49 am

I wouldn't trust an ECO to make such a decision.

The OP should try and get a statement to say that she has sole responsibility of the child. Otherwise, the ECO may think that the OP is trying to remove the child without the other parent's consent.
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Belochka82
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Re: How can I take my child to the UK if I am ILR equivalent

Post by Belochka82 » Sat May 03, 2014 5:30 pm

Thank you all for your answers. I read the financial requirements and all of them seem to be about bringing a partner or partner with children, but none of them is about a child only. Does anybody know what the requirements to bring just a child? What should my savings be, and what is the minimum salary. Also if anyone knows what an adequate accommodation means, please to share this info.
And there seems to be no way to bring him with me straight away...is that correct? I first need to get a job with a certain income, and only after that I can apply and the visa will take 12 weeks or so.. I ll have to working and wont be able to see my child for over 12 weeks (which is a lot, considering my childs age - which is 3 months)...:( Is there really no way?

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Re: How can I take my child to the UK if I am ILR equivalent

Post by Amber » Sat May 03, 2014 6:16 pm

Applications for ILE (children) have to meet adequate maintenance (click) an undertaking would also be necessary.
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Belochka82
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Re: How can I take my child to the UK if I am ILR equivalent

Post by Belochka82 » Sat May 03, 2014 10:15 pm

Thanks! I still dont understand...do I need to meet the financial requirements, eg 18600 a year or do I need to show the adequate maintenance? If I need to show the adequate maintenance, then can I calculate child related and housing related benefits into this amount or will that mean that my child might get a refusal based on that fact? What is undertaking?

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Re: How can I take my child to the UK if I am ILR equivalent

Post by Landing » Sat May 17, 2014 9:29 pm

Belochka82 wrote:Thanks! I still dont understand...do I need to meet the financial requirements, eg 18600 a year or do I need to show the adequate maintenance? If I need to show the adequate maintenance, then can I calculate child related and housing related benefits into this amount or will that mean that my child might get a refusal based on that fact? What is undertaking?
Sadly - I also don't understand. I have been searching Home Office all day. For 1 parent and 1 child (no partner) is the financial requirement £18,600 or is it £600 per month (or more) after deducting rent (as suggested in the adequate maintenance link in this thread)???

Thank you.

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Re: How can I take my child to the UK if I am ILR equivalent

Post by Amber » Sat May 17, 2014 9:37 pm

There is no financial requirement for children's ILE. Please do click on the link.
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