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Child is leaving in Istanbul with mother. We are still married but my wife cannot leave Istanbul because she dependent mother & brother.CR001 wrote:Topic moved to the Family immigration sub forum.
Where is the child's mother??
How old is the child?
They are leaving in Istanbul. My wife can not leave there because of a dependant mother. He is 14,5 years oldvinny wrote:Who is he living with?
Where is his other parent?
After checking SET-F_11 form I thought this could be done..CR001 wrote:Unlikely the child will be granted a visa if the mother is not applying at the same time.
Wife has 10 years son has 5 years tourist visa I thought I could apply from when he is here using SET F. They come to Uk rather often. I travel a lot half of the year I am in with them in Istanbul.CR001 wrote:Set F is only possible if the child is in the UK. You cannot apply for this from Turkey.
As a child who is a teenager, the child will be expected to have some residence before qualifying for ILR.
Makes no difference if mother agrees. The requirement from Home Office is that you MUST prove sole responsibility to bring a child if the other parent is not also applying. This is not possible if the child lives with his mother and you are married.
Requirements for indefinite leave to remain in 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
298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with 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) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or
(d) one parent or a relative is present and settled in the United Kingdom 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) has or has had limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
(c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or
(d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or
(e) was last given limited leave to remain under paragraph 298A; and
What happens if we get a court decision saying that my wife is passing to me the sole responsibility of my child and agrees that child lives with me in UK.CR001 wrote:You still need to prove sole responsibility.Requirements for indefinite leave to remain in 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
298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with 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) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or
(d) one parent or a relative is present and settled in the United Kingdom 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) has or has had limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
(c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or
(d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or
(e) was last given limited leave to remain under paragraph 298A; and
By the way we got married in UK and child was born in Turkey 15 years after I got my ILR.bahriok wrote:What happens if we get a court decision saying that my wife is passing to me the sole responsibility of my child and agrees that child lives with me in UK.CR001 wrote:You still need to prove sole responsibility.
Requirements for indefinite leave to remain in 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
298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with 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) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or
(d) one parent or a relative is present and settled in the United Kingdom 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) has or has had limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
(c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or
(d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or
(e) was last given limited leave to remain under paragraph 298A; and
It isn't as simple as that if you are still married. You cannot manipulate things to suit your needs. HO is not stupid.bahriok wrote:By the way we got married in UK and child was born in Turkey 15 years after I got my ILR.bahriok wrote:What happens if we get a court decision saying that my wife is passing to me the sole responsibility of my child and agrees that child lives with me in UK.
CR001 wrote:It isn't as simple as that if you are still married. You cannot manipulate things to suit your needs. HO is not stupid.bahriok wrote:By the way we got married in UK and child was born in Turkey 15 years after I got my ILR.bahriok wrote:What happens if we get a court decision saying that my wife is passing to me the sole responsibility of my child and agrees that child lives with me in UK.
The child being born in Turkey after you got ILR means nothing in terms of immigration rules. If child had been born in the UK, child would have been British automatically if you had ILR.
bahriok wrote:CR001 wrote:It isn't as simple as that if you are still married. You cannot manipulate things to suit your needs. HO is not stupid.bahriok wrote:By the way we got married in UK and child was born in Turkey 15 years after I got my ILR.bahriok wrote:What happens if we get a court decision saying that my wife is passing to me the sole responsibility of my child and agrees that child lives with me in UK.
The child being born in Turkey after you got ILR means nothing in terms of immigration rules. If child had been born in the UK, child would have been British automatically if you had ILR.
IT IS VERY CLEAR. Mt mistake was I got married in UK but kid was born outside. As you pointed out our only option is apply as family union from Istanbul wife can come back to Istanbul and check mother once a month .
You cannot use any of the SET forms for applications outside the UK and they cannot apply for ILR from Turkey.There are many SET forms I am really confused what to use.
Can you prove this by HMRC documents?
Have you got evidence that your rental income was declared to the UK tax authorities and tax paid. That is what the user is asking.
