Child born outside the UK to settled parents, need first entry to the UK

[return_l]

Hi guys,

I am applying a visa for my 2nd child and not sure which route I should go for, really hope someone can hlep. Here is some background information:

1. our 2nd child, born in Oct 2022 in China. He is holding a Chinese passport.
2. As parents, we are both Chinese nationality and have ILR. I got my ILR in 2016 through 5-year work permit and my wife got hers in 2019 through spouse visa for 5 years.

We would like to take 2nd child back to the UK this summer, which will be his first entry to the UK, but we are not sure which visa we should apply for him, should it be a tourist visa or a family visa?

Many thanks in advance for any help we may receive.

K

[CR001]

Presumably you live in the uk and not abroad.

You apply for a child settlement visa.

[return_l]

Presumably you live in the uk and not abroad.

You apply for a child settlement visa.

Thank you so much for your prompt response. Both my wife and I travel between UK and China quite often recently after COVID, if this route is feasible, we can stay in the UK for whatever is needed. But I just had a look and found the following on (https://www.gov.uk/indefinite-leave-to- ... amily-visa). He has not got a family visa as a child to be able to apply ILR (the highlight part below).

"Apply as a child (family visa)
You may be able to apply for indefinite leave to remain as a child.

You may be eligible if both:

you have a family visa as a child - there’s a different way to apply if you’re a dependant on your parent’s work visa
your parent is a British citizen or settled in the UK"

[CR001]

If did say a visa, not ILR, which can only be applied for within the uk

Child settlement visa, link below.

https://www.gov.uk/uk-family-visa/child

Child will likely be granted Indefinite leave to enter.

[return_l]

If did say a visa, not ILR, which can only be applied for within the uk

Child settlement visa, link below.

https://www.gov.uk/uk-family-visa/child

Child will likely be granted Indefinite leave to enter.

Oh I see. I have checked the link you suggested above, because both me and wife have ILR, I am not sure which one of the following two (highlighted below) we match Look forward to your advice.

"You were born outside the UK
Whether you can apply depends on your age and how your parent applied.

If you’re under 18
You must:

not be married, in a civil partnership or living an independent life
be financially supported without claiming public funds
One of your parents must also be applying or have applied for a visa or to extend their permission to stay as a:

partner - and the partner they’re joining is your other parent
parent - and they have sole parental responsibility for you"

[vinny]

Try.

[return_l]

Try.

Thank you so much. In my case, should I fill in "Appendix FM online form"?

If so, there is one question during the online process we do not know how to go forward, shown below:

"Give details about your first parent
Give details about your parent who is currently applying for (or already has) limited leave to enter or remain as a:

partner of a settled person; or
parent of a settled child"

Because both my wife and I are settled (ILR) in the UK, none of us has "has limited leave or remain"

[vinny]

Try.

Thank you so much. In my case, should I fill in "Appendix FM online form"?

Probably no, as the child is subject to rules under Part 8, not Appendix FM.

[return_l]

Try.

Thank you so much. In my case, should I fill in "Appendix FM online form"?

Probably no, as the child is subject to rules under Part 8, not Appendix FM.

Really appreciate for your help on this. May I confirm that the form should we use is the following two forms?

"If they do not, you must fill in both:

the online application form
the Appendix 1 paper form"

Many thanks.

[vinny]

Yes.

[return_l]

Yes.

Thank you so much Vinny, really appreciated. This immigrationboards is a great place.

[return_l]

Yes.

Sorry to keep asking questions. When I am filling the form, there is one question (shown below), which I do not know how to anwser as my son is only 6-month old, how can he has an address in the past 2 years

"Previous address history
You must provide the addresses that you have lived at in the past 2 years.

Is this a UK address?"

[AmazonianX]

Yes.

Sorry to keep asking questions. When I am filling the form, there is one question (shown below), which I do not know how to anwser as my son is only 6-month old, how can he has an address in the past 2 years

"Previous address history
You must provide the addresses that you have lived at in the past 2 years.

Is this a UK address?"

The form is generic hence not taking into consideration applicant’s age. Provide the address child has and CW will take or accept this based on the case/application.

[return_l]

Yes.

Sorry to keep asking questions. When I am filling the form, there is one question (shown below), which I do not know how to anwser as my son is only 6-month old, how can he has an address in the past 2 years

"Previous address history
You must provide the addresses that you have lived at in the past 2 years.

Is this a UK address?"

The form is generic hence not taking into consideration applicant’s age. Provide the address child has and CW will take or accept this based on the case/application.

Thank you so much for your help on this.

[return_l]

Yes.

I was wondering once my son xxxxx get the following visa, is there any requirement for him to stay in the UK for certain days every year? Or can he travel freely with us between China and the UK?

"The non-British child of: • a parent, parents or relative who are British citizens or settled in the UK"

Many thanks.

[CR001]

There is no absence limit for child/spouse settlement visa holders.

Also, please can you desist from using your child's name on the forum. It is very public and searchable on google.

[return_l]

There is no absence limit for child/spouse settlement visa holders.

Also, please can you desist from using your child's name on the forum. It is very public and searchable on google.

Thank you so much . I shall not use his name any more.