EEA Family Permit or Settlent Visa Child under 18?

[jujope]

Hello,

I am a dual US/British citizen (passport holder). I was born to a British mother in America and have never been to the UK but my son and I are looking to move there next year permanently. He is 16 (will be 17 when we arrive probably) and an American citizen only. Could someone please advise me on the correct immigration route for him? I'm trying to find the easiest (and hopefully cheapest) way to proceed. I am not sure if I would need an EU family permit? Settlement visa?

I read that non-EU family members do not need the EU family permit but could get one in order to get the resident card? (is that UK resident card or EU? Permanent?) Obviously the free family permit is a good choice but I want the right choice. British Citizenship for him is the ultimate goal.

Concerns:
The fact that I have never been to the UK?
Do I need to show financial info? no problem but don't know if I need
Also traveling with him to the UK...I would have to how my British passport so would I have to go through a separate queue?
I have sole responsibility. Issue?

To summarize: need to know what visa or family permit I should use in order for my 16 year old son to be able to move with me (British citizen) to the UK? I want to be overly prepared and have everything I need to ensure he will not have any difficulties.

Any guidance would be greatly appreciated!

[noajthan]

Welcome.

The EU route is not open to you as you are British so a FP is not an option (even before Brexit).

Sole custody/responsibility helps your case.
Son will follow UK domestic settlement route.

Son is just too old to avail of the section 3(5) BNA option for citizenship after living 3 years (with you) in UK as a minor;
he will have to follow regular UK route to citizenship (via 5 years to acquire ILR).

[jujope]

Thank you so much for your response. Just so I understand, he would need a settlement visa for a child under 18 and he would then be eligible to apply for British citizenship after 5 years? If so, I have 2 questions:

1. On the application it says to apply "before the end of your permitted stay"? What document would he need to enter UK in order for him to apply to settle once he's there? I know being from the US he wouldn't need a visitor visa so would he just arrive and tell the border agents that he is applying to settle?

2. The settlement form says the British parent needs to be "present and settled in the UK". Although I'm British, since I currently live in the US would I have to arrive before him and arrange employment and find a place to live so I can prove that I can support him without public funds? I'm confused because like I said, he will most likely be 17 upon arrival and if settlement visa allows people to live and work, would I have to show I can support for 5 years? He would be able to work at 18.

Sorry, it's just so confusing. Thanks again.

[ohara]

He would need to apply from home before travelling. It is correct that he can arrive as a visitor, but you can't switch from visitor to any other visa category inside the UK.

The initial visa will be granted for 2.5 years so he will need a 2.5 year extension in order to hit the 5 years residence required to qualify for ILR. He will need to spend 12 months on ILR before he is eligible for British citizenship (unless he gets married to a British citizen, in which case there is no requirement to wait 12 months).

[jujope]

That's great, thank you!

Can you please give me the exact name of the visa he needs? (a lot of them sound similar)

[ohara]

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

[jujope]

Thank you! I appreciate your advice.