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Spouse Visa and Two children and Child maintenance

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miiiirza1
Newbie
Posts: 40
Joined: Tue Jun 03, 2014 6:19 pm

Spouse Visa and Two dependant -Help Needed

Post by miiiirza1 » Sun Aug 12, 2018 4:00 pm

Hello all,

I was granted ILR in 2017, would like to sponsor my wife and daughters. I know financial requirements are as below
£22,400 for your partner and the first child.
£2,400 for your second child
Total = £24,800
I have two daughters here in UK too from a partner( not a registered marriage) who I do not live with anymore, but I will be paying child maintenance for them about £80 a week.
My question is: financial requirement will still be £24800 or more?

2nd question is one of my daughter from first marriage was born in UK before I got ILR, my daughter left when she was only 7 months old ( born in 2010 and now she is 8 years old) and since then she is abroad with her mum and sister.
can I apply MN1 for registration as a british citizen or she has to be here in UK , i mean are there residency requirements? It is important as it will lower my financial requirements from £2400 to £22400.

Regards

miiiirza1
Newbie
Posts: 40
Joined: Tue Jun 03, 2014 6:19 pm

Spouse Visa and Two children and Child maintenance

Post by miiiirza1 » Mon Sep 17, 2018 1:08 am

Hi there,
I would like to know what is financial requirement for sponsoring a spouse and two children.
as far as I Know it would be 24800 ( 18600 for spouse , 3400 for first child and 2400 for second).
my question is I have two British children who I pay child maintenance £70 a week, will the above financial requirement still stays the same as £24800 or I need to earn more due to child maintenance paid to children already here in UK. ?
any thing to do with Appendix FM Section 1.7a: maintenance rule like A-B=>C?

2nd question is one of child who is in Pakistan at the moment was born in UK before my ILR.
Can I apply registration for the child as British under MN1 application( child born in UK, lived only 7 months in UK, now is 8 Years old , since then living in Pakistan), or there is any residence requirements ? This can save
time and money.

I would request admins and seniors to help me on this please.

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Londoner007
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Joined: Mon Feb 13, 2017 9:29 am

Re: Spouse Visa and Two children and Child maintenance

Post by Londoner007 » Mon Sep 17, 2018 9:33 am

1. No
2. No
Verily, After Hardship Comes Ease

miiiirza1
Newbie
Posts: 40
Joined: Tue Jun 03, 2014 6:19 pm

Re: Spouse Visa and Two children and Child maintenance

Post by miiiirza1 » Tue Sep 18, 2018 12:14 am

Londoner007 wrote:
Mon Sep 17, 2018 9:33 am
1. No
2. No
please do me a favor I did not understand your answer properly. it is just because there are more than one question with in ( question No.1 and No. 2). if possible please mention what is No for accordingly.

miiiirza1
Newbie
Posts: 40
Joined: Tue Jun 03, 2014 6:19 pm

Re: Spouse Visa and Two children and Child maintenance

Post by miiiirza1 » Tue Sep 18, 2018 12:19 am

miiiirza1 wrote:
Tue Sep 18, 2018 12:14 am
Londoner007 wrote:
Mon Sep 17, 2018 9:33 am
1. No
2. No
please do me a favor I did not understand your answer properly. it is just because there are more than one question with in ( question No.1 and No. 2). if possible please mention what is No for accordingly.
i mean No to 1st question is for
"I would like to know what is financial requirement for sponsoring a spouse and two children.
as far as I Know it would be 24800 ( 18600 for spouse , 3400 for first child and 2400 for second).
my question is I have two British children who I pay child maintenance £70 a week, will the above financial requirement still stays the same as £24800"
or

"I need to earn more due to child maintenance paid to children already here in UK. ? "
or
"any thing to do with Appendix FM Section 1.7a: maintenance rule like A-B=>C?"

and No as answer is for

"2nd question is one of child who is in Pakistan at the moment was born in UK before my ILR.
Can I apply registration for the child as British under MN1 application( child born in UK, lived only 7 months in UK, now is 8 Years old , since then living in Pakistan)"

or
" there is any residence requirements ? "

vinny
Moderator
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Re: Spouse Visa and Two children and Child maintenance

Post by vinny » Tue Sep 18, 2018 12:56 am

There is an extra fiancial burden for a non-British, non settled child.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Londoner007
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Joined: Mon Feb 13, 2017 9:29 am

Re: Spouse Visa and Two children and Child maintenance

Post by Londoner007 » Tue Sep 18, 2018 10:08 am

No, as in your calculation is wrong, you need to follow the example on FM-SE for financial calculation. Your maintenance payments to them need to be declared.

Also no, as in your child is not eligible to be registered as a British Citizen as he was born before your ILR. He will need to follow the same spouse route (5 years) as your wife to settlement.
Verily, After Hardship Comes Ease

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CR001
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Re: Spouse Visa and Two children and Child maintenance

Post by CR001 » Tue Sep 18, 2018 1:47 pm

Londoner007 wrote:
Tue Sep 18, 2018 10:08 am
Also no, as in your child is not eligible to be registered as a British Citizen as he was born before your ILR. He will need to follow the same spouse route (5 years) as your wife to settlement.
Incorrect. The UK born child does not lose their entitlement to register as British simply because they live abroad.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

miiiirza1
Newbie
Posts: 40
Joined: Tue Jun 03, 2014 6:19 pm

Re: Spouse Visa and Two children and Child maintenance

Post by miiiirza1 » Wed Sep 19, 2018 12:50 am

Londoner007 wrote:
Tue Sep 18, 2018 10:08 am
No, as in your calculation is wrong, you need to follow the example on FM-SE for financial calculation. Your maintenance payments to them need to be declared.

Also no, as in your child is not eligible to be registered as a British Citizen as he was born before your ILR. He will need to follow the same spouse route (5 years) as your wife to settlement.
thank you do you mean I need to earn £24800+maintenance per year for the children who are British already.
it seems I have to earn 24800 ( wife and 2 children to be sponsored) and about £300 child maintenance £300 X 12 months = 3600,
so I need to be earning £28400?

regards to Child can not be registered as British I would disagree .I think I have read in this forum somewhere once one parent gets ILR it is entitlement for a child to be registered as British. My Problem is there any UK residency required or not. ???

for reference
Third party immigration weblink removed by moderator
" Children born in the UK – Foreign Parents – Section 1(3)
If a child of non-British Parents is born in the UK they can’t apply for child Citizenship immediately. They must wait until one of the parents obtains Indefinite Leave to Remain. Once this happens then one of the parents can submit an application through form MN1 for the child born in the UK to register as a British Citizen."

also another reference
british-citizenship/mn1-for-uk-born-but ... 35869.html
I am not sure whether it correct reference or not. please advise me.
Regards

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Londoner007
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Re: Spouse Visa and Two children and Child maintenance

Post by Londoner007 » Wed Sep 19, 2018 9:37 am

I said no to citizenship as I was referring to whether they are automatically British. If a child is born after parents gains ILR then they are automatically British. The child can possibly be registered under section 3(2) if you look into it.

Citizenship law is quiet complex and people can fit into many of the sections. Just check to see which applies to your situation.
Verily, After Hardship Comes Ease

vinny
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Re: Spouse Visa and Two children and Child maintenance

Post by vinny » Wed Sep 19, 2018 9:55 am

UK born child is entitled to register under Section 1(3), from anywhere.

Section 3(2) applies to a non-UK born child, whose parent is British by descent at the time of child's birth.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

miiiirza1
Newbie
Posts: 40
Joined: Tue Jun 03, 2014 6:19 pm

Re: Spouse Visa and Two children and Child maintenance

Post by miiiirza1 » Wed Sep 19, 2018 9:20 pm

vinny wrote:
Wed Sep 19, 2018 9:55 am
UK born child is entitled to register under Section 1(3), from anywhere.

Section 3(2) applies to a non-UK born child, whose parent is British by descent at the time of child's birth.
Thank you very much for reply. So can I take it as there is no residency requirement for the child born in UK but left the country and now I have ILR. I now can register child under section 1(3)?
will home office not say how child can come to UK without mother and refuse registration?
child once was given BRP on mother student visa back in 2010.

Q1-Can I send only copy of child passport and BRP plus original Birth certificate to Home office or I have to apply with originals from Pakistan?
along with my docs copies showing ILR and passport copies.

I am so sorry if I am asking silly things.
I would also like apologies for putting external like as a reference I was not aware of the rule of forum.

Regards

miiiirza1
Newbie
Posts: 40
Joined: Tue Jun 03, 2014 6:19 pm

Re: Spouse Visa and Two children and Child maintenance

Post by miiiirza1 » Wed Sep 19, 2018 9:29 pm

miiiirza1 wrote:
Wed Sep 19, 2018 12:50 am
Londoner007 wrote:
Tue Sep 18, 2018 10:08 am
No, as in your calculation is wrong, you need to follow the example on FM-SE for financial calculation. Your maintenance payments to them need to be declared.
Do I need to earn £24800+maintenance per year for the children who are British already.
it seems I have to earn 24800 ( wife and 2 children to be sponsored) and about £300 child maintenance £300 X 12 months = 3600,
so I need to be earning £28400?
" I saw solicitor today and he said I only need to earn minimum required as £24800, paying child maintenance is an expense only. "
Can this be answered please?
thanking you in advance.

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Londoner007
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Re: Spouse Visa and Two children and Child maintenance

Post by Londoner007 » Thu Sep 20, 2018 9:50 am

They will want original Passport and Birth Certificate in Pakistan.

I dont think they can refuse by saying why child applying without mother. Child can come anytime after registration, for example once wife has the spouse visa they can come together.

Be aware though registration can sometimes take a while from abroad so you may be in a situation where wife gets visa and child is still waiting for registration.

InshaAllah goes well for you.
Verily, After Hardship Comes Ease

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