Entry VISA for my son in India

[passportguy]

Hi Guys,

I am in the UK having ILR. My wife also has ILR which would expire in March 2017. Both my wife and son are in India now.

My son was born in the UK (before we got ILR) and he has an Indian passport but no visa to enter the UK.

I want my wife and son to come to the UK around July this year. I have two questions regarding how my son can enter the UK.

1. If we decide to return to the UK before the end of this year (that will be less than six months from July) can my son visit on a child visitor visa?
2. If we decide to stay longer than six months, what options do we have to bring him to the UK?

Could you also please give me an idea of how long it takes for the above visas to be processed from India?

Thanks a lot.

[CR001]

My wife also has ILR which would expire in March 2017

Are you sure she has ILR???? Why does it expire in 2017???

1. If we decide to return to the UK before the end of this year (that will be less than six months from July) can my son visit on a child visitor visa?
2. If we decide to stay longer than six months, what options do we have to bring him to the UK?

No, he is not a visitor. You will have to apply for a child settlement visa (ILE) or register him as British citizen on form MN1 (have to do this in the UK) and then apply for CoE or RoA from India.

[passportguy]

Hi CR001,

I apologise for creating a new topic with the same query.

Thanks a lot for clarifying. But I do have one doubt. I found this page on - https://www.gov.uk/join-family-in-uk/overview.

After reading the underlined sentence below I am not clear if he definitely needs a "child settlement visa". Can you please clarify?

Apply to join family living permanently in the UK
Overview
Exceptions
Eligibility
Knowledge of English
Documents you need to provide
Apply
Extend your visa
1. Overview
You’ll need a ‘family of a settled person’ visa if you’re from outside the European Economic Area (EEA) or Switzerland and you want to join, for 6 months or more, a partner or family member who’s living in the UK permanently.

You don’t need a ‘family of a settled person’ visa to visit your family for up to 6 months, but you should check if you need a Family Visitor visa.

Your family member can:

be a British citizen
have settled in the UK
have asylum or humanitarian protection in the UK
If you meet the eligibility requirements, you can apply to:

join your partner (spouse, fiancé(e), civil or unmarried partner)
join your parent
come to look after your child
come to be looked after by family
Exceptions
You may need to apply in a different way if:

your partner is from the EEA
you’re inside the UK
you want to reunite with a partner or parent who has asylum or humanitarian protection in the UK
How long it takes
You should get a decision on your visa within 12 weeks. Check the guide to processing times to find out how long getting a visa might take in your country.

Fees
Your situation Fee
Joining your partner or parent £1,195
Coming to look after your child £1,195
Adult who needs to be looked after by a relative £2,676
You may also have to pay the healthcare surcharge as part of your application. Check how much you need to pay before you apply.

What you can and can’t do with your visa
You can use your ‘family of a settled person’ visa to:

work (you can’t work if you’ve got a visa to get married or to become civil partners)
study
You can’t get public funds for yourself and any dependants.

Extend your stay
You may be able to apply to extend your visa or settle in the UK permanently.

Regards.

[CR001]

My wife also has ILR which would expire in March 2017

Are you sure she has ILR???? Why does it expire in 2017???

Can you answer this question?

[secret.simon]

I'm making an educated guess and the OP will have to confirm that, but I think the wife is on an ILR dependent visa.

The child will need to apply for a visa in-line with the mother's (as less-privileged parent) visa and will be eligible for ILR and citizenship at the same time as the mother.

Had the child been born in the UK, s/he could have been registered as a British citizen when either one of the parents got ILR.

A visitor visa is not viable for the child as a visitor is expected to prove that s/he has such strong links to their home country that they will leave at the end of six months. With one parent being resident in the UK on ILR and the other holding an ILR (dependent??) visa, that requirement will be well nigh impossible to meet.

After reading the underlined sentence below I am not clear if he definitely needs a "child settlement visa". Can you please clarify?

The child will have the same visa status as the less-privileged parent.

If both parents have ILR, the child will be eligible for ILE (ILR issued outside the UK).

If one parent has ILR and the other is an ILR dependent, the child will also be an ILR dependent with the same dates on the visa as the less-privileged parent.

[passportguy]

Thanks secret.simon for responding . Its becoming a lot clearer now that my son cannot arrive with a visitor visa.

CR001,

My wife is on ILR (We both got ILR at the same time). I said it will expire in March 2017 only because she has been living in India since March 2015. Obviously if she comes and settles in the UK before Mar 2017, there is no expiry for it.

In the case of child settlement visa do I need to show maintenance of funds, bank balance etc for 3-6 months?

Thanks a lot.

[secret.simon]

As both your wife and you have ILR, the child should be eligible to be granted ILE.

In the case of child settlement visa do I need to show maintenance of funds, bank balance etc for 3-6 months?

I could be wrong, but I believe that the child's application will have to meet all the same requirements as the application of an ILR dependent for ILR.

EDIT: I forgot to mention, if the mother loses ILR status, likely so would the child. So, get them to the UK and start the paper work as soon as possible.

[passportguy]

Thanks a lot for that secret.simon.

You said:
I forgot to mention, if the mother loses ILR status, likely so would the child. So, get them to the UK and start the paper work as soon as possible.

Currently my son is eligible for a British citizenship through MN1. If the mother loses ILR, will he no longer be eligible for the same? Even if my ILR is still valid?

Thanks.

[vinny]

UK-born child is still Entitled to register.

[secret.simon]

I apologise. I erred on two counts.

Firstly, I presumed that the child was born abroad. I reread your initial post and noted that the child was born in the UK. UK born children whose parents have got ILR status are of course entitled to register as British citizens.

Secondly, I believe that once a person (adult or child) gains ILR/ILE status, their status is independent of the person from whom they derived their status and hence, the child would keep the ILE status even if the mother loses hers.

[passportguy]

Thanks a lot vinny.

secret.simon,
No worries. Really kind of you. Thanks a lot for clarifying.

[passportguy]

Hi Guys,

Hope you are all fine.

I have a question on maintenance for a child settlement visa application.

I am in the UK since March 2016 and I am a Permanent resident and working as an IT contractor (since March 2016). I was living in India for 10 months from May 2015 to end of February 2016. So obviously I was not employed in the UK nor earning any income in the UK.
My wife also has PR and is in India now.

I now want to bring my child (who is in India and has an Indian passport) using a child settlement visa.
I have read in this forum that I need to show 12 months' bank statements and 12 months' earnings, payslips etc. This won't be possible in my case as I have only started the contract since March 2016.
Please can you let me know if this is strictly followed? I can show atleast previous 5 years' P60, CT600 and all the other HMRC documents and also the contract agreement which is until December 2016.

I want to know if they will just reject the visa application based on the fact that I have only been earning in the UK since about 3.5 months?

Your help is greatly appreciated.

Thanks.

[CR001]

Yes, the financial evidence requirement is strictly followed.

Was the child born in India?

[passportguy]

Thanks CR001.

No he was born in the UK.

Will it not help the case if I showed them previous years' earnings and other evidence?

Thanks.

[CR001]

No, they want to see current earnings in the form of last 6 months or last 12 months.

Was the child born in the UK AFTER you got ILR?

[passportguy]

No he was born BEFORE we got ILR.

Thanks.

[passportguy]

Hi CR001,

Is there any other quicker alternative for me to bring my son to the UK?

Going through the settlement visa will take atleast 6 months from now (3 more months for maintenance and 3 months for processing the visa).

Thanks

[vinny]

M.