ILR for child where parent is now a British Citizen

[c803487]

Hello,
A friend is in need of help. She came to the UK on tier 2 and got ILR then applied for British Citizenship (BC) and is now a British passport holder. She is divorced and has a son who her parents were looking after for all this while. Her husband is not responsible for the child. Child was born before she came to UK. Child is under 18. Her parents cannot look after her child forever and she would like to get ILR for the child so he can join her.

Can someone tell me what form to use for this application? When I look at the UK VISA website it asks for the question:
Did the British citizen originally settle in the UK under Tier visa, and if I say yes it tells me to use form SET(O). But this form is for the main applicant + dependent. In this case she has already got ILR and BC. The only other form I could find for this is form Set(F).

If it is indeed form SET(O), how can this be filled for dependent only.

Can someone please advise.

thanks,

[CR001]

Is the child abroad?
Has the child ever been to the UK?
How old is the child?
Does the mother have proof that she has sole responsibility?

The visa would be a settlement visa if the child is under 18. Form VAF4A - application to join family who are settled/British in the UK.

[c803487]

Is the child abroad? - Yes
Has the child ever been to the UK? - No, never
How old is the child? - 13
Does the mother have proof that she has sole responsibility? - What proof is needed please? She is paying for schooling and living expenses. She has a divorce certificate. She receives no funds from ex husband.

Why does this UKBA URL lead me to form SET(O)?
https://www.gov.uk/settle-in-the-uk/y/y ... -or-tier-5

[CR001]

HO link on sole responsibility.

https://www.gov.uk/government/publicati ... onsibility

[c803487]

Some other options she is considering and needs advice on:
Because the child has never been to UK, what if she invites him on a visitor visa first? If the child visits on a visitor visa and returns home and then later wishes to apply ILR will the visit cause complications?

If the child arrives on a visitor visa and decides to stay, can she apply for a leave to remain for him and how?

[c803487]

Some other options she is considering and needs advice on:
Because the child has never been to UK, what if she invites him on a visitor visa first? If the child visits on a visitor visa and returns home and then later wishes to apply ILR will the visit cause complications?

If the child arrives on a visitor visa and decides to stay, can she apply for a leave to remain for him and how?

Bump. Any updates on this last query please?

[physicskate]

Some other options she is considering and needs advice on:
Because the child has never been to UK, what if she invites him on a visitor visa first? If the child visits on a visitor visa and returns home and then later wishes to apply ILR will the visit cause complications?

If the child arrives on a visitor visa and decides to stay, can she apply for a leave to remain for him and how?

Bump. Any updates on this last query please?

The child cannot directly apply for ILR. She/he must spend 5 years on two dependent visas in order to reach the requirements for ILR. That is the form VAF4 already mentioned by others.

Visiting the UK will have no bearing either way on applying later for settlement visas. It might be hard to convince the ECO to grant a visit visa to visit the mother as they may not be convince the child will leave the country to apply for the correct visa to settle with the child's mother.

[vinny]

Child may apply to join parent. Child may be granted ILE if the requirements of A280(b), 297 are met.

See also sole responsibility.

[c803487]

The visa would be a settlement visa if the child is under 18. Form VAF4A - application to join family who are settled/British in the UK.

The child cannot directly apply for ILR. She/he must spend 5 years on two dependent visas in order to reach the requirements for ILR. That is the form VAF4 already mentioned by others.

I'm now confused. Child is under 18. Sole responsibility can be proved. Can the child get ILR using VAF4A?

[c803487]

bump