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financial requirement for Dependant Child Settlement

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jenij927
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financial requirement for Dependant Child Settlement

Post by jenij927 » Wed Mar 22, 2017 4:18 pm

Hi,

This post is similar to a question I needed to ask. I am a British Citizen/UK passport holder who has never lived in the UK (born and raised in US by British mother). I am looking to relocate to UK with my 16 year old son (US citizen) and would like to know what would be the best route for him to join/accompany me and if I have to meet any financial requirement? I have about $18,000 in savings. I was not married to his father and there is no court order regarding custody or visitation.

Also, I have a 23 year old daughter and she has a 3 year old son (not married). If she wanted to join me in UK, could she apply for a Tier 4 student visa with her son and then apply to remain with family? Or, she is eligible for Lithuanian citizenship through her grandfather. Would it be better for her to come as an EU citizen and family permit for her son? I wasn't sure considering Brexit?

Any advice is greatly appreciated!

Obie
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Re: financial requirement for Dependant Child Settlement

Post by Obie » Thu Mar 23, 2017 3:05 pm

There is no financial requirement for your son, however your will need to demonstrate sufficient mainentance and accommodation for him to succeed for ILE.
Smooth seas do not make skilful sailors

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Casa
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Re: financial requirement for Dependant Child Settlement

Post by Casa » Thu Mar 23, 2017 3:31 pm

You will need to apply for a British passport for your son (assuming he qualifies) in order to avoid him being stamped in as a visitor to the UK on his US passport.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
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Re: financial requirement for Dependant Child Settlement

Post by Obie » Thu Mar 23, 2017 3:34 pm

Based on the information provided, it does not seem like the OP's child is a British, as OP appears to have acquired her citizenship via descent.
Smooth seas do not make skilful sailors

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Casa
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Re: financial requirement for Dependant Child Settlement

Post by Casa » Thu Mar 23, 2017 3:39 pm

Obie wrote:Based on the information provided, it does not seem like the OP's child is a British, as OP appears to have acquired her citizenship via descent.
In which case I believe the OP will have to meet the minimum income level of £18,600 p.a (with allowance for savings over £16,000) :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: financial requirement for Dependant Child Settlement

Post by Obie » Thu Mar 23, 2017 3:45 pm

No i don't think that is correct.

By virtue of A280(b) , Paragraph 297 continues to apply. Appendix will only have applied if one of the parent is currently residing under Appendix FM.
Smooth seas do not make skilful sailors

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Re: financial requirement for Dependant Child Settlement

Post by Casa » Thu Mar 23, 2017 4:05 pm

Ah! I agree Obie. So there will only be a requirement of adequate maintenance and:
vi) holds a valid United Kingdom entry clearance for entry in this capacity;
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
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Re: financial requirement for Dependant Child Settlement

Post by Obie » Thu Mar 23, 2017 5:26 pm

Yes that is correct Casa.

Just for completeness, the 23 years old will be better off applying for Lithuanian citizenship, as I cannot see the possibility of your sponsoring her.
Smooth seas do not make skilful sailors

jenij927
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Re: financial requirement for Dependant Child Settlement

Post by jenij927 » Tue Mar 28, 2017 4:09 am

Thank you all for taking the time to respond. You have been most helpful!

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