Immigrationboards.com

Dear Team,
I have searched the topics but couldn't find the one similar to my scenario, hence creating a new topic.

I am a British Citizen from 2017 (before that got my ILR in 2013, Initially came to UK with Tier 2 PBS intra company transfer Visa).

Got married and my wife came to UK in 2012 with Tier 2 PBS Dependant visa (Leaving her son in India for legal reasons).

She was qualified for ILR few months ago and got her ILR recently Oct 2021 (even though she came to UK in 2012)

We applied for PBS dependant visa for my step son in 2016 (when I had ILR and my wife was still in PBS dependant visa) but got rejected due to the reason my wife doesn't have ILR and we have not brought him to UK initially in the 2012.

As my wife got her ILR recently we believe we can apply for ILR for my step son who is in India still (he is 14 years old now).

Can he get his settlement Visa by applying through the below link or any other forms?
https://www.gov.uk/indefinite-leave-to- ... amily-visa

or he needs to apply for dependant visa first, come to UK then apply for ILR after 5 years.

Can you please suggest me a visa route for his settlement?

Thanks,

Does your wife have sole responsibility for the child? Does she have documentary proof of that, such as by a court judgment, etc?

Dear Simon,

Yes, she has the sole responsibility and proof of court order.

Possible.

Did anyone challenge the refusal in 2016?

Yes, I did myself in the First Tier Tribunal but the result was still visa-rejected.
The reasons mentioned were,
1. As per immigration rules my wife doesn't hold an ILR at that time
2. No compelling reasons for him to be here as he was there in India with maternal grand parents from 2012 till 2016 and can stay there.

We should have brought him with us in 2012 when I got my wife's first dependant Visa, but due to legal reasons we couldn't.
Reasons were such as 1. Sole responsibility proceedings - pending with Indian court, 2. We were not able to get his biological father's consent.

Can anyone please suggest / advice?

If the circumstances have changed and there is further proof of sole responsibility, etc., then proceed. Sole responsibility may imply that the other parent's consent is not needed. If there is confirmation that child's father is not involved with the child's upbringing and decision making, then it may be easier.

Thank you,

Can he get his settlement Visa by applying through the below link or any other forms?
https://www.gov.uk/indefinite-leave-to- ... amily-visa

or he needs to apply for dependant visa first, come to UK then apply for ILR after 5 years.

Can you please suggest me a visa route for his settlement?

Child may apply for an ILE entry clearance to join an ILR parent with sole responsibility.

Thank you,

I have tried to use the form (Appendix FM online form.) as suggested,
https://visas-immigration.service.gov.u ... 1635792971

but on proceeding in a subsequent page, there is a statement "If your parent’s permission to be in the UK as a partner was granted under the Immigration Rules in force before 9th July 2012 you cannot apply on this form, you must apply here."
which directs me to this link https://visas-immigration.service.gov.uk/other-ooc

As my wife's first visa to come to UK was before 09th July 2012, whereas that for expired in 2013 and applied for NEW entry clearance in Sep 2013 in Tier 2 PBS dependant.

As she had break in stay in the UK she was qualified for ILR (5 year route) only in July 2021. Applied for ILR in July 2021 and got it in October 2021.

Now, Do I need to fill Appendix FM online form. itself (as her current stay is ILR received in Oct 2021)
or
https://visas-immigration.service.gov.uk/other-ooc (as her first UK visa was before 09th July 2012)

Appreciate your help.

vinny wrote: ↑

Thu Nov 04, 2021 10:36 pm

apply

vinny wrote: ↑

Sat Jun 13, 2015 1:04 pm

apply

vinny wrote: ↑

Wed Feb 10, 2021 9:44 pm

Apply separately

If they do not, you must fill in both:

the online application form
the Appendix 1 paper form

I think

ganga2021 wrote: ↑

Fri Nov 05, 2021 10:29 am

https://visas-immigration.service.gov.uk/other-ooc

is correct.

Choose:

Join or accompany a family member, who either is already in or will be travelling to the UK, the Channel Islands or the Isle of Man (and you cannot apply on any other form)

Choose:

A British citizen, settled in the UK or in the UK for another reason

Visa type:

Non-British child of a parent, parents or relative who are British citizens or settled in the UK

Thank you.

So I need to consider based on the very fist time my wife first came to UK.

Appreciate your help.

A settled (ILR) parent with sole responsibility also satisfies.

Thank you for the help. Will update the thread once I apply and get the result in few months time.