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British parents moving to UK with non British biological children

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sudraka
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British parents moving to UK with non British biological children

Post by sudraka » Fri Feb 26, 2021 6:51 pm

Hi, I have searched far and wide and cant seem to get a clear understanding of how to complete this visa application for my kids. 

Background - Both my wife and I are citizens by descent. Neither of us have ever lived in the UK . We have two children, 3 years old and 4 months old. We are wanting to move to the UK in 3-4 months. 

I understand that we will apply for a Family Visa for each of them and be issued with ILE/ILR, and that there will be no NHI payment required. 

My confusion comes with the VFA4 Appendix 1 form and its supporting documents. 

Questions like, "Who is your sponsors employer" and  , "where we plan to live" and :"how many bedrooms the home has"  get me seriously confused. We are just wanting to bring our kids with us... We don't have a house yet as we will be renting an AIRBNB until we find a home to rent. The form seems to be focused around someone with a disability or similar. Who is the sponsor? us as parents?  any advice as to how to complete this form correctly? 

One of the required supporting documents is :
"-evidence of monthly housing costs for the accommodation in the UK where you will live
-proof of property ownership from the owner of the property you will live in, such as a mortgage statement
-rental agreement
-tenancy agreement
-letter signed by the owner of the property you will live in stating that you have permission to live there
-copy of an ID document of the owner of the property you will live in, such as a passport" 

We are all going together as a family and will be renting an AIRBNB whilst we find a suitable rental. How or what do we provide to satisfy the above? 

Another required supporting document is: 
"evidence that you can meet the financial or maintenance requirements of the application as stated in the relevant paper
appendix you will provide as part of your application"

My wife and I are both self employed. I have GBP 120 000 in cash coming from the sale of our current home in South Africa as well as GBP 30 000 in other cash savings. Is this sufficient ? and what evidence do I need to show this? 

Your help is greatly appreciated with this.... 

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Zerubbabel
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Re: British parents moving to UK with non British biological children

Post by Zerubbabel » Fri Feb 26, 2021 8:48 pm

Me thinking: why don't you for their British citizenship? Form MN1. Get them a British passport then travel without any further consideration about immigration.

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CR001
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Re: British parents moving to UK with non British biological children

Post by CR001 » Fri Feb 26, 2021 10:09 pm

Zerubbabel wrote:
Fri Feb 26, 2021 8:48 pm
Me thinking: why don't you for their British citizenship? Form MN1. Get them a British passport then travel without any further consideration about immigration.
The parents are British by descent and have never lived in the UK. Applying on MN1 is not an option available at this stage.
Char (CR001 not Casa)
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Re: British parents moving to UK with non British biological children

Post by vinny » Fri Feb 26, 2021 10:14 pm

Adequate maintenance and accommodation required.

I think they may consider your family unit as a couple + 2 dependent children?
Income support amount = 117.40 + 2 x 68.60 = 254.60?

Indefinite leave to enter or indefinite leave to remain
In these cases, decision makers should divide the figure for cash savings by 52 weeks (1 year) to arrive at a figure which can be used in the assessment. above, ‘How to assess adequate maintenance’. Example – The sponsor has savings of £3,000, divided by 52 weeks = £57.69

This means that £57.69 can be added to any weekly income received by the applicant or sponsor for the purpose of assessing adequate maintenance.
Without income, I think you may require at least savings 254.60 x 52 = 13239.20 + any annual accommodation costs?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: British parents moving to UK with non British biological children

Post by vinny » Sat Feb 27, 2021 3:06 am

Double check on how long they expected you to have held the cash savings on the date of the application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sudraka
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Re: British parents moving to UK with non British biological children

Post by sudraka » Sat Feb 27, 2021 8:27 am

So from what I now understand my kids do not need to meet the Financial Requirement , as they both qualify for Indefinite leave to enter and indefinite leave to remain. See below.


Financial Requirment:

The financial requirement does not apply to a child who:
• is a British Citizen (including an adopted child who acquires British citizenship)
• is an Irish Citizen
Page 9 of 71 Published for Home Office staff on 28 January 2021
• is a European Economic Area (EEA) national resident in the UK with free
movement rights under the Immigration (European Economic Area)
Regulations 2016 for as long as those rights remain in force until the end of the
grace period on 30 June 2021
• has been or is being granted leave to enter or remain under the EU Settlement
Scheme (including settled status in accordance with paragraph EU2 or EU2A
and pre-settled status in accordance with EU3 and EU3A of Appendix EU)
• is settled in the UK or who qualifies for indefinite leave to enter
• qualifies under Part 8 or Appendix Armed Forces of the Immigration Rules in a
category to which the financial requirement does not apply



Immigration Rules:
Part 1
Leave to enter or remain as a child of a parent, parents or relative who are present and
settled in the UK or are being admitted for settlement
– paragraphs 297-300 of the
Immigration Rules


Part 8 of the immigration rules Paragraphs 297-300
:

Children,

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.
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
(iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds; and
(vi) does not fall for refusal under the general grounds for refusal, and
(vii) if aged 18 or over, was admitted to the United Kingdom under paragraph 302, or Appendix FM, or 319R or 319X and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL.
298A. If an applicant does not meet the requirements of paragraph 298 only because:
(a) the applicant does not meet the requirement in paragraph 298(vi) by reason of a sentence or disposal of a type mentioned in paragraph 322(1C)(iii) or (iv); or
(b) an applicant aged 18 or over does not meet the requirement in paragraph 298(vii); or
(c) the applicant would otherwise be refused indefinite leave to remain under paragraph 322(1C)(iii) or (iv), the applicant may be granted limited leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds.


My Questions are as follows:

1.) Am I understanding that they are entitled to ILE/ILR and that the financial requirement will not apply to them ?

2.) So I actually completed an online visa application for one of my sons which I cancelled due to the chosen TLS centre closing down. The application checklist that was provided stated two things that created the initial confusion

a.) " evidence that you can meet the financial or maintenance requirements of the application as stated in the relevant paper appendix ( VAF4A Appendix 1) you will provide as part of your application"

The Appendix does not state any financial requirement , it merely asked for details of the Sponsors(is that me, the parent? ) income and if the applicant has access to any savings, and how much the savings are.

b.) "evidence of where you will live in the UK, for example:
evidence of monthly housing costs for the accommodation in the UK where you will live
proof of property ownership from the owner of the property you will live in, such as a mortgage statement
rental agreement
tenancy agreement
letter signed by the owner of the property you will live in stating that you have permission to live there
copy of an ID document of the owner of the property you will live in, such as a passport"

We do not have an address as yet, as we are all going together and will be renting an AIRBNB until we find a rental? And advise on this?


3.) As a British citizen, living in another country , are you regarded as "settled" ?

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Re: British parents moving to UK with non British biological children

Post by vinny » Sat Feb 27, 2021 8:52 am

1. Yes. However,
vinny wrote:
Fri Feb 26, 2021 10:14 pm
Adequate maintenance and accommodation required.
297
(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
Cash savings may be used instead of or in addition to income.

2. Unsure about AIRBNB. Suspect that it may be okay, if you have a contract.

3. A British citizen may be regarded as settled for this purpose.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sudraka
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South Africa

Re: British parents moving to UK with non British biological children

Post by sudraka » Sat Feb 27, 2021 9:16 am

Thank you for the clarity Vinny, much appreciated

Do you know the rules around proving adequate savings to cover maintenance? or where I can find the rules?

I have GBP 30 000.00 savings in cash, however it has not been in the same account for the last 6 months.
I also have the proceeds of our house sale (GBP 120 000.00 ) which will be available to me once the conveyancers complete the transfer, would you know if a letter from the conveyancers or contract of sale would suffice as sufficient evidence ?

vinny wrote:
Sat Feb 27, 2021 8:52 am
1. Yes. However,
vinny wrote:
Fri Feb 26, 2021 10:14 pm
Adequate maintenance and accommodation required.
297
(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
Cash savings may be used instead of or in addition to income.

2. Unsure about AIRBNB. Suspect that it may be okay, if you have a contract.

3. A British citizen may be regarded as settled for this purpose.

vinny
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Re: British parents moving to UK with non British biological children

Post by vinny » Sat Feb 27, 2021 9:23 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: British parents moving to UK with non British biological children

Post by vinny » Thu Mar 18, 2021 11:31 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: British parents moving to UK with non British biological children

Post by hlassell » Wed Mar 31, 2021 7:52 am

I'm wondering if you have applied yet. I am doing the same visa for my daughter and I'd love to follow along with you. I am also a Canadian with british citizenship via descent. (UKM through my Scottish mother)

We applied Feb 20. (VAF4A and Appendix 1) Paid for the visa , IHS fee was 0, and uploaded all our documents to VFS GLOBAL.. We did her biometrics on March 22. Everything was forwarded to UKVI on March 22. And now we wait...

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Re: British parents moving to UK with non British biological children

Post by JB007 » Wed Mar 31, 2021 10:51 am

vinny wrote:
Thu Mar 18, 2021 11:31 am
See also Child benefits and tax credit.
That is out of date. The welfare reform changes came in over a year ago and ended Tax Credit-

Tax Credit. The welfare benefit called Tax Credit has ended (and will end for exisiting claimants too) and has been replaced by the one,means tested welfare benefit, called Universal Credit. The OP has too much capital to be able to claim Universal Credit.

Child Benefit. They cannot claim this for 3 months: unless South Africa has a reciprocal agreement with the UK and would be able to use that to avoid the 3 month wait?

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