Switch from Tier 4 (Child) to FLR

[DL2018]

Hello,

I would be grateful if someone can advise on the following:

I am a British citizen, my husband received his initial entry clearance for 33 months (limited leave to enter) last month. At the time of applying for his spouse visa we did not apply for our son as we thought he was British and we applied for his passport to HMPO.
We were in shock when HMPO refused his passport application claiming that I am British by descent (born abroad) and cannot pass on the citizenship to my baby. We received hubby's visa the next day - that was bittersweet!
I cannot register my son either because I never lived in the UK so don't meet the registration requirement.

We would like to relocate as soon as possible and it is our understanding that we need to apply for a child's settlement visa for our baby, i.e. to go through almost exactly the same process as with my husband's visa. Is our understanding correct? Or there might be some other ways to bring the child to reside in the UK?

The most confusing about the child application is the financial requirement / maintenance requirement. We don't seem to find anywhere an exact and clearly spelled out requirement. Would greatly appreciate if someone can clarify - is it a financial requirement of GBP18,600 a year like for a spouse or is it adequate maintenance only, when applying for a stand-alone child visa, not family visa (i.e. spouse and child together)? And what is the magic number for the adequate maintenance requirement?

Our situation is complicated with the fact that I, as a British citizen and the sponsor, do not currently work as I am a stay at home mom. My husband is about to sell his business as we thought we'd be in the UK by now. He also has savings in his name only, not in our joint names.

Any advice will be greatly appreciated. Thank you.

[Londoner007]

"I cannot register my son either because I never lived in the UK so don't meet the registration requirement"

This makes no sense at all, your a British Citizen who has never lived in the UK?

Where was your son born and what is his nationality currently

[CR001]

"I cannot register my son either because I never lived in the UK so don't meet the registration requirement"

This makes no sense at all, your a British Citizen who has never lived in the UK?

Where was your son born and what is his nationality currently

The OP is British by Descent, i.e. Born abroad to British parents!!!

Not all British citizens around the world have lived in the UK.

[Londoner007]

Were your parents registered as British Citizen by their own rights i.e. otherwise than by descent?

[CR001]

Were your parents registered as British Citizen by their own rights i.e. otherwise than by descent?

Parents were likely born British, as is the case with most applicants in the OPs circumstances, so yes, they would be British otherwise than by descent hence the OP being British by Descent.

[seagul]

another point to be noted that how his partner got spouse visa when he never lived in uk . possibly by savings route?

[Londoner007]

Grandparents can possibly pass on their citizenship to grandchildren provided they themselves didnt become Citizen by descent.

[Casa]

My husband is about to sell his business as we thought we'd be in the UK by now. He also has savings in his name only, not in our joint names..

@seagul The fact that the husband has never lived in the UK is irrelevant. Savings don't have to be held in joint names.

[vinny]

If husband had ILR and wife is British, then adequate maintenance required.

However, here:

Financial requirement
E-ECC.2.1. Where a parent of the applicant has, or is applying or has applied for, entry clearance or limited leave to enter or remain as a partner under this Appendix, the applicant must provide specified evidence, from the sources listed in paragraph E-ECC.2.2., of-

(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with
(b) specified savings of
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECC.2.2.(a)-(f) and the total amount required under paragraph E-ECC.2.1.(a); or
(c) the requirements in paragraph E-ECC.2.3. being met.
In this paragraph “child” means the applicant and any other dependent child of the applicant’s parent or the applicant’s parent’s partner who is-
(a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
(b) applying for entry clearance as a dependant of the applicant’s parent or of the applicant’s parent’s partner, or is in the UK with leave as their dependant;
(c) not a British Citizen or settled in the UK; and
(d) not an EEA national with a right to be admitted to or reside in the UK under the Immigration (EEA) Regulations 2006.

Calculator : Income £22,400 or savings £72,000 or combination somewhere in between required.

[vinny]

Register child under Section 3(5) after child spends at least 3 years in UK with parents.

[DL2018]

Thank you very much for the comments.

My dad was born in the UK but I was born abroad, so apparently I am 'by descent' and cannot pass on the citizenship.

Do we have to meet GBP72,000 requirement just to apply for the child only? I mean we only needed GBP62,500 for my husband, and now need more for the baby?? Also, my husband already has the visa and BRP - does it matter in regards of the financial requirement / shouldn't it be less?

in anyway, I don't think we are in a position to meet 72k requirement and we don't want to split the family.

Are there any other ways for us to apply for our son? What about Article 8 of ECHR? or Working outside Immigration Rules, i.e. by discretion? Do we have any chances applying like that?

Thanks again.

[DL2018]

Hello,

Please advise if it is possible to switch a Tier 4 visa (child) for a young child attending an independent school and living with a British parent not far from school to a some kind of FLR visa? Child is not British and cannot be registered as a British citizen until after he resides in the UK for 3 years.

Will Tier 4 visa and, if possible, FLR count towards the 3 years residency requirement to register as a citizen?

Many thanks.

[CR001]

Hello,

Please advise if it is possible to switch a Tier 4 visa (child) for a young child attending an independent school and living with a British parent not far from school to a some kind of FLR visa? Child is not British and cannot be registered as a British citizen until after he resides in the UK for 3 years.

Will Tier 4 visa and, if possible, FLR count towards the 3 years residency requirement to register as a citizen?

Many thanks.

Kindly keep all your queries regarding the child in one topic so that members who wish to respond can understand the full circumstances

Why do you not wish to apply for the same visa category as the other parent, ie settlement visa??

p.s. all visa count for residency.

[DL2018]

I thought I'd post this separately as it is a rather different question from my original one.

We are not in a position to meet the financial requirement at the moment but if hubby on his spouse visa and I (citizen) and our son on a Tier 4 visa live in the UK for at least 6 months, then we should be able to meet the fin. requirement and will want to switch him from Tier 4 (child) to settlement or some other FLR visa, and eventually to register.

Our priority is not to separate our family. Please advise if we would be able to switch.

Thank you.