Re-My 16year old dependant.

[ajani]

Hello everyone. I hope somebody can help me with my query. I am on HSMP and would have qualified for indefinite leave in April 2007 if the new restrospective laws were not introduced.

My 16year old son was actually planning to seek admission to US for further studies from September 2007. He is a good Basketball player and believes studying there will help his game.

If he succeeds in travelling to US next year, how will this affect is immigration status, since i now have to wait till april 2008 to get indefinite leave.

Is he able to come to UK in say March 2008 and be included in the application.

Thank you for your anticipated response.

[JAJ]

I can't help with your query on ILR but it seems clear that if your son leaves the UK before he becomes a British citizen, then his absence could certainly impact on eligibility for naturalisation.

Does he plan to become a British citizen? If so, he most likely needs to forget ideas about living overseas until he becomes British.

When can he become British? You will not be eligible for naturalisation until April 2009. As he will be over 18 at that point, he should be able to apply independently at the same time, if he has been in the UK for the same period as you.

[John]

Just to add to what JAJ has posted, your son needs to be aware of the 450 day rule .... not spending more than 450 days outside the UK in the 5 years to applying for naturalisation ..... also not spending more than 90 days out of the UK in the one year to applying. Some leeway on those 450 and 90 day numbers, but not a lot.

Studying in the States? From September 2007 ... until when?

Basketball! OK he might hope to play in the NBA but failing that he must not overlook that getting a British passport means he can also work anywhere in the EU without needing a Work Permit .... and the standard of basketball ... and the wages ... are higher in many other EU countries compared to the UK.

[ajani]

Thank you both for your invaluable contributions. I will make a decision based on the advise given.

[ppron747]

Not sure whether I'm missing the point here, but has the ILR question been resolved? Will popping back to UK - six months into his studies in the USA - be good enough to enable the son to get ILR when ajani applies for it for himself?

[John]

Paul, I think that will be OK, but would welcome Ajani answering my question :-

Studying in the States? From September 2007 ... until when?

I'm just wondering whether the ILR, if granted, will be used for the purposes of settlement, or just like a glorified visitor visa?

[ajani]

Hello John,
Sorry for not responding earlier to your question. He intends to study medicine in the US. What this means is that he would be in the US for a fairly long period of time on a student visa.

In my discussion with his mother yesterday, she said it does not matter if he eventually loses his opportunity to get a settlement visa in UK as he will eventually get a green card in US. I am not convinced by this argument and will rather prefer him to stay until he gets a settlement visa and eventually his British passport. It takes ages to get this in US and we have less than 3years to achieve it here.The intention is that he lives in US as a British citizen.

I actually thought as my dependant he can come back to the UK nearer the time of my application for ILR and be included. After this, all he needs to do was to ensure he does not stay in US for a continous period of 2YEARS? Correct me if i am wrong.

[John]

Ajani, I think that is right, but it needs to be clear that he is "resuming residence" rather than using the ILR as a glorified visitor visa.

But also appreciate that a period of nearly two years out of the UK will set the naturalisation application back for years ... in view of the 450 day rule mentioned previously.

The intention is that he lives in US as a British citizen.

Of course even British Citizens need visas for the US! The sole exception being the Visa Waiver Program that is merely for short-term visitors.

About the basketball, having a British passport would give him many more options in Europe. A few years ago I was a season ticket holder at the Birmingham Bullets. One of the players, from the US, was single when he arrived but married a British girl about a year later. Slightly more than three years after first arriving in the UK to work he was a British Citizen. At the start of the following season he went to play on the continent of Europe where the standard is a lot higher and the pay much greater.

[ajani]

Hello John
The information you gave concerning the prospect of playing basketball and achieving success even in Europe is indeed welcome.

Of course if he can achieve success in Europe, what need will there be for going to US with all the immigration complications that might come with it.?

Once again, thank you for your contribution, all the points raised will assist me in reaching a decision.

[JAJ]

In my discussion with his mother yesterday, she said it does not matter if he eventually loses his opportunity to get a settlement visa in UK as he will eventually get a green card in US.

I think that is a very optimistic assumption. There are many US immigration "horror stories" out there and green cards can take a long time to come through, if at all.

If his Green Card doesn't work out, then his opportunity to live in the UK will be lost and he may have no other option than to go to wherever your home country is. Of course he might be able to get a UK work permit, but I would not count on it.

It's his choice but it would seem far better to get his British citizenship before he goes to live in the US. Why not do his first degree in the UK and go to the US for postgraduate/clinical study (with British passport) if he still really wants to go that route?