Visa Application for Child

Hi all,

Apologies if a similar question has been posted elsewhere on the forum.

I am a British citizen and my wife received Indefinite Leave to Remain (5-year route) in early July 2021; we submitted her application for citizenship soon after she received her ILR and the outcome is pending (it could take another 4 months before we receive a decision).

We are now looking at relocating my wife's 16-year old son to the UK from Thailand (his father is deceased and I have not adopted him).

As his mum has ILR with a citizenship decision pending, am I right in thinking that:

- we will need to apply separately for a family visa for him to relocate to the UK
- the only form we need to complete is Appendix FM Child for entry to the UK (plus pay the visa and health surcharge and provide biometrics and TB results)
- once he gains an entry visa we will then need to go through the 5-year process for him to gain ILR (even though he is the dependent of someone with ILR with citizenship pending)

Thanks in advance for any help you may be able to provide

AdyM wrote: ↑

Sun Sep 19, 2021 5:45 pm

Hi all,

Apologies if a similar question has been posted elsewhere on the forum.

I am a British citizen and my wife received Indefinite Leave to Remain (5-year route) in early July 2021; we submitted her application for citizenship soon after she received her ILR and the outcome is pending (it could take another 4 months before we receive a decision).

We are now looking at relocating my wife's 16-year old son to the UK from Thailand (his father is deceased and I have not adopted him).

As his mum has ILR with a citizenship decision pending, am I right in thinking that:

- we will need to apply separately for a family visa for him to relocate to the UK
- the only form we need to complete is Appendix FM Child for entry to the UK (plus pay the visa and health surcharge and provide biometrics and TB results)
- once he gains an entry visa we will then need to go through the 5-year process for him to gain ILR (even though he is the dependent of someone with ILR with citizenship pending)

Thanks in advance for any help you may be able to provide

See Paragraph 297


"Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and 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; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and
(vii) does not fall for refusal under the general grounds for refusal."


See Family visas

"Apply from outside the UK
You’ll need to prepare information and documents to provide with your application.

Apply at the same time as your parent
Which form you need to fill in depends on whether your parent is applying to enter the UK as the partner of one of the following:

a British or Irish citizen
a person with indefinite leave to remain
a person settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
a person from the EU, Switzerland, Norway, Iceland or Liechtenstein who has pre-settled status - they must have started living in the UK before 1 January 2021
a person with a Turkish Businessperson visa or Turkish Worker visa
a person with refugee status or humanitarian protection
If they are applying as one of these, you must fill in the Appendix FM online form.

If they are not, you must fill in both:

the online application form
the Appendix 1 paper form"

Thanks very much TODMATT - much appreciated