Sponsoring the family with ILR

Rena · Post by **Rena** » Fri Nov 16, 2007 1:14 am

Hi,

I am working in U.K with ILR. My wife & kids in U.S.A. All of us are U.S citizens. All of my kids are under 8 yrs old. I would like to settle them in U.K with me. What docs, should I have to submit to bring them here?. Is it advisable to apply from U.S or better to let them come here and apply at Croydon home office? Any ideas please? Thanks in advance. Rena

Post by **JAJ** » Fri Nov 16, 2007 5:35 am

Rena wrote:Hi,

I am working in U.K with ILR. My wife & kids in U.S.A. All of us are U.S citizens. All of my kids are under 8 yrs old. I would like to settle them in U.K with me. What docs, should I have to submit to bring them here?. Is it advisable to apply from U.S or better to let them come here and apply at Croydon home office? Any ideas please? Thanks in advance. Rena

They need to apply from the U.S.
They cannot arrive as tourists if they plan to stay on.

http://www.ukvisas.gov.uk

Why did they stay in the U.S. when you originally came to the U.K.?

Post by **vinny** » Fri Nov 16, 2007 7:04 am

See also Settlement: Spouse and 13.5 Spouses/civil partners and how they qualify; and
Settlement: Children and 14.4 Children of parent(s) being admitted with a view to settlement in the United Kingdom and how they qualify

Rena · Post by **Rena** » Fri Nov 16, 2007 2:09 pm

JAJ, actually they (wife and then two kids but now three kids) came here with me as work permit holder dependants. But, went back to U.S as my wife didn't want to lose her Govt highly paid job there. If she completes 10 yrs, she is eligible to get full pensions. I believe my life is always between Atlantic Ocean since most of my own bros, sis, parents are in U.K. I just want to get the I.L.R to my kids in case if they choose to study or live in U.K in future before I go back as I always prefer to live in North America.

sakura · Post by **sakura** » Sat Nov 17, 2007 12:03 pm

Rena wrote:JAJ, actually they (wife and then two kids but now three kids) came here with me as work permit holder dependants. But, went back to U.S as my wife didn't want to lose her Govt highly paid job there. If she completes 10 yrs, she is eligible to get full pensions. I believe my life is always between Atlantic Ocean since most of my own bros, sis, parents are in U.K. I just want to get the I.L.R to my kids in case if they choose to study or live in U.K in future before I go back as I always prefer to live in North America.

They need more than ILR if you want them to have the option of living or studying here, if you plan to live permanently in the USA with them.

They'd need to be British citizens in order to be able to return to the UK at any point in their lives - ILR status can be lost if you do not maintain residency in the UK (for more than 2 years, normally).

Also, even if they do become British citizens, if they live in the USA and then come here to study (e.g. at uni), they may be asked to pay International fees still. But they're only little 'uns, so this probably isn't an issue for now.

What nationality are you, and are you planning to naturalise as a British citizen?

Rena · Post by **Rena** » Sat Nov 17, 2007 2:48 pm

Hi Sakura, we hold U.S and Canadian nationality. Also, I am planning to naturalise as a British citizen next year b4 go back to North America. I think, if I get the ILR for my kids before I apply for British citizenship then I would be able to include them with me to naturalise as British citizens regardless of their 2 year stay in U.K. Am I correct? Thanks

paulp · Post by **paulp** » Sat Nov 17, 2007 3:18 pm

Rena, can you confirm whether your wife will be coming to settle with your kids or is it your kids alone? If the former, they will come on a spouse visa +dependents and will need to wait 2 years before they can apply for ILR. If the latter, you will have a problem, look at Vinny's child settlement links.

Basically, as a BC or ILR holder, you can only sponsor for settlement visas (spouse visa with dependent), not ILR.

Rena · Post by **Rena** » Sat Nov 17, 2007 3:28 pm

Everybody together coming to U.K.

paulp · Post by **paulp** » Sat Nov 17, 2007 7:40 pm

Great, your wife can apply for a spouse visa (form VAF2) and add the kids as dependents. After 2 years, they can apply for ILR (if the kids will still be under 18) and a year later, naturalisation.

Post by **JAJ** » Sat Nov 17, 2007 8:27 pm

paulp wrote:Great, your wife can apply for a spouse visa (form VAF2) and add the kids as dependents. After 2 years, they can apply for ILR (if the kids will still be under 18) and a year later, naturalisation.

Once the children have ILR they can immediately be registered as British, as they should have a British parent, if still under 18.

If children turn 18 they will need to qualify for naturalisation independently, even if they got ILR as dependents.

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Sponsoring the family with ILR

Sponsoring the family with ILR

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Sponsoring the family with ILR