British citizen coming to the UK with a non-British child

[Geengee]

Hi,

I am a British citizen by descent, born and lived all my life abroad. I am divorced and have full custody of my 9 years old boy. I would like to come to the UK with my son for a year (his father gave his consent for this plan) and I would like him to go to school there (private or public) and have access (if needed) to medical treatment (private or public). I initially plan to live with friends and then rent a flat. I understand there are 3 options for me to do that:


1. Apply for a family visa for my son from my country of residence.

2. Apply for a visitor visa from my country of residence (or would visa on arrival will do as well ?) for my son and while in the UK apply for ILR/permanent residency for him.

3. Just land in the UK with my son, get him a visa on arrival for 6 months and after five and a half months go to Paris for a week, come back to the UK and get another visa on arrival for 6 months for him.

Please let me know if there is another option.

Is the requirements for a family visa for my son are the same as for a spouse visa (£18,600+£3,800 / 6 months work abroad with £18,600+£3,800 salary + a job starting within 3 months of my arrival in the UK paying the same + ready accommodation in the UK) ?
(same application form but with appendix 1 instead of appendix 2 ? whats the difference ?)

For applying for permanent residency for my son within the UK are the financial requirements the same (Salary of £18,600+£3,800) and for how long back ? 3 months ?

How about School and medical insurance (private or public) in each of these options?

Would the third option work ?


Thanks for your time, help and advice

[vinny]

Option 1 is best.

Subsequently, after three years residence in the UK, register child under Section 3( 5 ).

[Obie]

Option one is unlikely to materialise unless you have sole responsibility of the child, something you evidently do not have, giving that the father is giving consent.

The consent of the father alone will not suffice, if anything it will undermine the test.

[vinny]

Agree.

[Geengee]

Thanks for taking the time to help.
I do have sole responsibility..
I only have the consent of the father to take the child for 1 year so I can not stay for 3 years..
How about the third option ? any thoughts ?

[vinny]

I think:
If you have sole responsibility, then you don't require father's consent.
If you require father's consent, then you don't have sole responsibility.

[vinny]

Obie, what complications if the father has access rights?

[Obie]

I think:
If you have sole responsibility, then you don't require father's consent.
If you require father's consent, then you don't have sole responsibility.

Indeed.

[Obie]

Obie, what complications if the father has access rights?

Then it means the one with access rights does have parental responsibilities.

Another parent cannot claim sole parental responsibilities in those circumstances.

Incidentally, there is another test that is optional to sole responsibility, but there does not seem to be much authorities from the court on that.

(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and

[Geengee]

I understand, thanks..
Any thoughts about my other questions and options ?

[vinny]

Incidentally, there is another test that is optional to sole responsibility, but there does not seem to be much authorities from the court on that.

(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and

Here's an example.

[Obie]

Thank Vinny, that is very kind.

I think option 3 seems like the only option for OP and an application made from within the UK.

Cant see her meeting the test of E or F.

[vinny]

What's the reason for requiring divorced ex partner's consent?

[Geengee]

Unfortunately, I can not meet the financial requirements for the family settlement visa
and I do not need a settlement visa since I am going to stay in the UK only for 1 year and then go back to Israel.
I have sole responsibility (the child lives with me) coming from a mutual agreement with the father. I mentioned his consent to the trip to the UK because he has contact rights by mutual agreement which he would not be able to exercise while we are in the UK..

[vinny]

Option 1

requires only adequate maintenance.

[Geengee]

Thank you all very much for your help!