Visa for under 18s

[JWillem]

Apologies in advance if this question's been asked and answered a million times already.

My wife's currently in the process of applying for ILR. Once it's been granted, we plan to bring her 17 y.o. son to this country. Ideally we want to apply for ILR for him too. So I'd like to know what kind of visa would he need before travelling to this country. I'm assuming he couldn't just come here on a tourist visa and then apply. We would've made an application for both my wife and her son together, but for a variety of complex bureaucratic reasons it wasn't possible for him to get a passport in his home country so we couldn't do it.

[MPH80]

https://www.gov.uk/join-family-in-uk/eligibility

You might want to really get on with it - once he turns 18 - it becomes almost impossible.

[earth2ange]

You must ensure that you use a specialist or provide ample proof that the son is actually dependent on you emotionally and financially even though the application does not ask for these things - note this is actually more important than being under 18 - as some over 18+ year olds have not or are not capable of "forming an adult life" away from their parents and this is where the burden of proof lies.

I am not any sort of immigration expert, but it sounds like your wife's son may not actually be dependent on her or you if he is able to live in another country away from you. I have some experience in this as I applied for a settlement visa for my daughter (15) from a previous relationship when I made my spouse application. I am sorry I can't remember the relevant rules, but there was a specific case law which then set a precedent that it is not enough for the child to be under 18 and want to live with you - you must prove dependency exists. Here is my story...

My daughter lived with my husband (British born) and I full-time and she had never lived with her father, but there was no arrangement preventing that. I had a permission letter from her father to include with her application which I thought would be quite straightforward, as she had never lived with anyone other than our family. Thankfully at the last minute I made a paid enquiry to the British high Commission in Australia just to check whether I submitted our applications together or separate - during this enquiry the consultant asked a couple of questions about why my daughter needed a visa if my husband was British and when I told her he was not her father she made a strong suggestion of encouraging me to seek legal advice and if not then to ensure that I included ample proof that my daughter was living solely with us and dependent on my husband and I alone (this seemed to be outside the boundaries of her role - so I will be eternally grateful to her). She highlighted that the fact her father had given permission would indicate he cared for her welfare (which he never did) and could look after her if she remained in her home country - in which case my application would be refused. I then checked and found quite a few instances online of refusals on this basis for older children. I then made sure her application included proof that she was our dependent and that we had provided SOLE care for her for the previous 13 years. This included copies of medical records addressed to us a letter from our family doctor, relatives, friends and neighbours testifying that she was always with us and never with her father as well as copies of invoices for things like school fees and medical insurance documents in our name and countless family photos birthdays from every year etc. My application supporting documents were bound in plastic sleeves and tab referenced along with 2 complete photocopies. Our visas were processed and returned within 7 days.

This was 2012 and it may have changed, but in my opinion it has probably gotten tougher, especially for someone approaching 18 who does not currently live with the sponsor. Good Luck.

[JWillem]

Thanks for getting back to me.

My wife is currently in the process of applying for ILR so clearly we couldn't actually apply until she's actually received her final decision (which, I know, could take forever). Otherwise we'd bring him to this country straight away.

As far as my stepson's concerned, he's completely dependent on me financially and I send him some money each month. His father walked out on him many years ago and recently died. He isn't dependent in terms of being disabled, or anything of that nature.

What I'd really like to know is what kind of visa he would need to come to this country before he turns 18. Would a simple tourist visa be enough or would he need to come here on a family visa?

[MPH80]

I've already provided you a link to the most appropriate visa.

He can travel to the UK on a visitor visa - providing he gets accepted for one - but he will NOT be able to switch in country to a settlement visa from that visitor visa without hugely extenuating circumstances (family death or such). Even then the only option is to apply under the private life (article route which will leave him without official status here for years - meaning (thanks to the new immigration bill) no driving license, no ability to rent a house etc.

The other key questions:
[*] Where and who is he living with now?
[*] Do you meet the financial requirements?

[JWillem]

Yes, I've read the link to the Home Office website, but there's still a lot of information which remains unclear. As I understand it, he would need to be in his host country to apply for this family visa. But what would happen after the visa expires? By that time he'll be over 18. I'm assuming that then he'd need to apply for permanent settlement, but I know just how difficult that would be given his age.

To answer your questions, yes, I do meet the financial requirements. Also, he's currently living with his grandmother in Ukraine.

[Wanderer]

Yes, I've read the link to the Home Office website, but there's still a lot of information which remains unclear. As I understand it, he would need to be in his host country to apply for this family visa. But what would happen after the visa expires? By that time he'll be over 18. I'm assuming that then he'd need to apply for permanent settlement, but I know just how difficult that would be given his age.

To answer your questions, yes, I do meet the financial requirements. Also, he's currently living with his grandmother in Ukraine.

Ahh, to avoid Army call up?

[MPH80]

Yes, I've read the link to the Home Office website, but there's still a lot of information which remains unclear. As I understand it, he would need to be in his host country to apply for this family visa. But what would happen after the visa expires? By that time he'll be over 18. I'm assuming that then he'd need to apply for permanent settlement, but I know just how difficult that would be given his age.

To answer your questions, yes, I do meet the financial requirements. Also, he's currently living with his grandmother in Ukraine.

Wanderer is in particularly cynical mood today I see.

When the child enters on that visa - he will have to extend after 33 months - providing he meets the requirements. Such that a) He's still dependant on you, b) He hasn't got married, c) he hasn't moved out and started an independent life.

After a further 33 months - he can then apply for indefinite leave.

For someone who will be 23 by the time ILR comes around - that's not an overly nice prospect to have those restrictions on you.

You'll need to be careful on sole responsibility - you'll have to have some kind of court order in place to prove the biological father has given up (or was forced to give up) all responsibility for the child.

How long until he's 18?

M.

[Wanderer]

Yes, I've read the link to the Home Office website, but there's still a lot of information which remains unclear. As I understand it, he would need to be in his host country to apply for this family visa. But what would happen after the visa expires? By that time he'll be over 18. I'm assuming that then he'd need to apply for permanent settlement, but I know just how difficult that would be given his age.

To answer your questions, yes, I do meet the financial requirements. Also, he's currently living with his grandmother in Ukraine.

Wanderer is in particularly cynical mood today I see.

When the child enters on that visa - he will have to extend after 33 months - providing he meets the requirements. Such that a) He's still dependant on you, b) He hasn't got married, c) he hasn't moved out and started an independent life.

After a further 33 months - he can then apply for indefinite leave.

For someone who will be 23 by the time ILR comes around - that's not an overly nice prospect to have those restrictions on you.

You'll need to be careful on sole responsibility - you'll have to have some kind of court order in place to prove the biological father has given up (or was forced to give up) all responsibility for the child.

How long until he's 18?

M.

Just saying because that's what the UKVI will be saying too.....

Echo re: sole responsibility and I thing too for Ukraine you need a court order as well and permission from the father.