dependent son's Settlement visa entry refused from India ? Human rights. why ?

[fairenough786]

Hello All...

This is my 1st time so please be gentle.

I am 43 male and a British citizen (naturalized). I have Been living in the UK since almost 15 years, working full time and divorced. I need to bring my children (3 boys-all born & brought up in India) over from India who are being cared for by my parents as their mum disowned them some years back. Since their birth they were always dependent on me and that applies even today.

My boys ages are : 8 yrs - 20 yrs - 16 yrs

They had been refused settlement visas 3 years ago as i did not have the court custody order which i have now. After several attempt, i am unable to find out the right forms to fill out for their visas. on the GOV.UK website, It takes me to the form SET F, but in the guidance it says the applicant must be in the UK...

can anyone please advise me what forms to i need to fill in ???...once again, just to clarify, i need to bring my children over from India, to settle with me in UK as my dependents.

Many thanks to all

[CR001]

VAF4A is the form and you have to pay the immigration health surcharge too.

The 20 year old unfortunately won't qualify for a settlement visa but the younger two should, provided you can prove sole responsibility.

[CR001]

What year did you become British?

[MrSlyFox]

VAF4A is the form and you have to pay the immigration health surcharge too.

The 20 year old unfortunately won't qualify for a settlement visa but the younger two should, provided you can prove sole responsibility.

Are you sure it is "VAF4A"? It says only if you're applying from North Korea.
- https://www.gov.uk/government/publicati ... form-vaf4a

I also thought the immigration surcharge does not apply to settlement applications. As children, they should get ILE.

[CR001]

Are you sure it is "VAF4A"? It says only if you're applying from North Korea.
- https://www.gov.uk/government/publicati ... form-vaf4a

I also thought the immigration surcharge does not apply to settlement applications. As children, they should get ILE.

VAF4A is online form when applying from India, but is the correct form.

IHS is payable, IF children get ILE, the IHS should be refunded.

[MrSlyFox]

Are you sure it is "VAF4A"? It says only if you're applying from North Korea.
- https://www.gov.uk/government/publicati ... form-vaf4a

I also thought the immigration surcharge does not apply to settlement applications. As children, they should get ILE.

VAF4A is online form when applying from India, but is the correct form.

IHS is payable, IF children get ILE, the IHS should be refunded.

Oh okay, thank you. I guess if they apply from within the UK for ILR through form set (f) then there is no IHS payment needed.

[fairenough786]

What year did you become British?

i became british citizen in 2006.

[fairenough786]

Are you sure it is "VAF4A"? It says only if you're applying from North Korea.
- https://www.gov.uk/government/publicati ... form-vaf4a

I also thought the immigration surcharge does not apply to settlement applications. As children, they should get ILE.

VAF4A is online form when applying from India, but is the correct form.

IHS is payable, IF children get ILE, the IHS should be refunded.

Thank you all for your replies...shall i go ahead and fill the forms VAF4A...???....by the way, may i ask what means ILE ....IHS.....???? thank you all again.

[secret.simon]

ILE="Indefinite Leave to Enter", equivalent to ILR issued outside the UK.
IHS="Immigration Health Surcharge". Normally £200 per person per year.

The 20 year old will have to move to the UK on their own steam.

The 16 year old and 8 year old should be eligible for ILE. Assuming that they get ILE, the 8 year old can be registered as a British citizen under Section 3(1) once in the UK. The 16 year old can be registered as a British citizen after 2 years but before he turns 18, under the same section.

To the best of my knowledge, the 16 year old will need to be in the UK for at least three complete years before being eligible for university "home student" fees.

[CR001]

The 8 year old might already be British by descent as appears to have been born AFTER you naturalised.

[fairenough786]

ILE="Indefinite Leave to Enter", equivalent to ILR issued outside the UK.
IHS="Immigration Health Surcharge". Normally £200 per person per year.

The 20 year old will have to move to the UK on their own steam.

The 16 year old and 8 year old should be eligible for ILE. Assuming that they get ILE, the 8 year old can be registered as a British citizen under Section 3(1) once in the UK. The 16 year old can be registered as a British citizen after 2 years but before he turns 18, under the same section.

To the best of my knowledge, the 16 year old will need to be in the UK for at least three complete years before being eligible for university "home student" fees.

Thank you....you mentioned that my 8 year old can register as british citizen once in UK, i was thinking, can i not have him registered whilst he is in India ?....this way maybe, once he is registered he may not need visa to UK and maybe the citizenship registeration cost maybe little lesser than his visa cost ?...or am i wonr ?...please advise...many thanks

[CR001]

When did you get Citizenship and when was the youngest born?

[fairenough786]

thank you all for your sincere replies...

- Does anyone know what are my wages requirement per annum ? (i am single so sadly will need to show them only my wages...

- I DO NOT have any savings what so ever, will this affect my application ?...however, I can 100% afford my childrens upkeep if they are with me in UK without claiming any benefits .....

- Will i need to obtain any documents from any UK schools or colleges to say that my son will arrive UK and joing higher school or college ?...the colleges wont provide any such letter until he is physically in the UK for an interview....

- also what will be the charges/fees for a settlement visa to UK ?...i have read so many different charges, like £1875....£2800.....£932....its all so misleading....

Thank you all big time for all your ongoing support.

[CR001]

When did you get Citizenship and when was the youngest born?

[fairenough786]

[quote="CR001"]When did you get Citizenship and when was the youngest born?[/quote]


i became british citizen in 2006 and my youngest son was born in 2008....

[CR001]

Your youngest child is British by descent and can apply for a passport directly OR for a certificate for entitlement or right of abode. He does not need a settlement visa.

[fairenough786]

Hi all again.,

I am trying to fill out the " VAF4A " visa application form (child settlement as settled parent+i am a british citizen) to bring my 15 years old son from India to UK as he is dependent on me. But there is a section where it asks about his mother (we got divorced 4 years ago) and the sponsors partners details..???

I had a custody case against their mother as she disowned them 8 years ago and i won the case, through which, their mothers name is NOT even on their passports. So, without their mothers details, the application wont proceed forward + i think i am classed as his sponsor, if i am right & i am single right now and they need my partners details....where do i get a partner from ?....is there a way to bypass this mother and sponsor's partner details ?....i have tried to find the details of this answer all over the net and the guidance notes but there is no helpful guidlines......please advise....

thank you so much

[fairenough786]

Hi all,

Please kindly advise me. I am a british citizen and i applied for my son's (15 yrs old) settlement visa (as he is in India) as i solely have his custody. I made the application online at some VFS global website and i paid around £1400 . After the application i was instructed to send all the supporting documents to the visa office in Sheffield UK. This is new to me as 3 years ago when his visa was refused (due to lack of court custody letter), everything had to be done in India.

i send the supporting document to the sheffield visa office on the 12 June 2017 and still not heard nothing. Regarding my son, all he had to do in india was to submit his passport in a UK visa office in India where they did his finger prints, took his photos etc and they kept his passport. They said he will be informed by a courier when his passport needs to be collected. He got the call and the passport is ready for delivery. So will the passport have a stamped UK visa or what ?

I am seriously not understanding this :
1) where will the visa be processed ? where will the decision be taken, in UK or India ?
2) Why did they keep his passport for so long ?
3) i am his father and he is dependent on me, so whats my role, will i be informed ?

Thank you all so so very much....so much appreciate.

[fairenough786]

Hi all,

I am a British ctizen & I have applied for my son's visa (settlement as a child dependent of a settled person) who is 16 yrs old dependent. He has applied from India, i applied online and paid here in UK and i have send my supporting documents to the Sheffield visa office in UK whereas his Boimetric finger prints and photographs were done in India. It is now 99 days (3 months +) and there is no news yet. I have spent about £17.95 on calls to the visa office 2 weeks ago but they told me to wait till its 12 weeks up, it is now. I also emailed them and paid for the email but still no news. will he need an Immigration health surcharge ? i am positive i read that in his case it was not applicable. ....what can i do to get an update ?...please advise ...thank you.

[CR001]

Hi all,

I am a British ctizen & I have applied for my son's visa (settlement as a child dependent of a settled person) who is 16 yrs old dependent. He has applied from India, i applied online and paid here in UK and i have send my supporting documents to the Sheffield visa office in UK whereas his Boimetric finger prints and photographs were done in India. It is now 99 days (3 months +) and there is no news yet. I have spent about £17.95 on calls to the visa office 2 weeks ago but they told me to wait till its 12 weeks up, it is now. I also emailed them and paid for the email but still no news. will he need an Immigration health surcharge ? i am positive i read that in his case it was not applicable. ....what can i do to get an update ?...please advise ...thank you.

There are delays for settlement visas. Some members have been waiting since November last year. Link below is the topic of all the delays for spouse/child settlement visas.

immigration-for-family-members/still-wa ... -1600.html

You should have paid the IHS fee, it is required for all applications. If you did not pay it, you should have been sent an email to pay it (usual procedure).

[fairenough786]

[quote=CR001 post_id=1537654 time=1505894849 user_id=70994]
[quote=fairenough786 post_id=1537625 time=1505884474 user_id=82942]
Hi all,

I am a British ctizen & I have applied for my son's visa (settlement as a child dependent of a settled person) who is 16 yrs old dependent. He has applied from India, i applied online and paid here in UK and i have send my supporting documents to the Sheffield visa office in UK whereas his Boimetric finger prints and photographs were done in India. It is now 99 days (3 months +) and there is no news yet. I have spent about £17.95 on calls to the visa office 2 weeks ago but they told me to wait till its 12 weeks up, it is now. I also emailed them and paid for the email but still no news. will he need an Immigration health surcharge ? i am positive i read that in his case it was not applicable. ....what can i do to get an update ?...please advise ...thank you.
[/quote]
There are delays for settlement visas. Some members have been waiting since November last year. Link below is the topic of all the delays for spouse/child settlement visas.

immigration-for-family-members/still-wa ... -1600.html

You should have paid the IHS fee, it is required for all applications. If you did not pay it, you should have been sent an email to pay it (usual procedure).
[/quote]

Hi Croo1...thank you for your reply...

OMG...november.... ...I am dead sure i did read that the IHS did not apply in my son's case unless things have changed since june 2017. NO, i have received no letter or no email from them asking me to pay IHS. Instead, 3 weeks after submitting my supporting documents to sheffield visa office, they did email me to submit the sponsorhip form, which i did, which again they emailed me back saying it wasnt needed as my son was my dependent. i guess i will have that call that expensive number and find out more. thank you so much anyway...

[fairenough786]

Hi All...

I had applied for my 16 yr old son's visa to UK (from India) who is my dependent but his visa has been refused. 1 most important reason of refusal was that there was no evidence that i am constantly in touch with them. This is my mistake as i forgot to put in the phone bills and other evidence that prove that i am constantly in touch with him and even financially + these days people chat on WatsApp and other cheap international calling abroad websites to make calls and how on earth am i supposed to prove that i am constantly in touch with my son, though i know i am on WatsApp etc...Please advise what can i do now ?...I am allowed to appeal but after speaking to a solicitor, they said to reapply for the visa...waaahhhh...does that mean i lost the application fee approx £1400 ? and i gotta pay that again thats not an amount of money to have as spare these days....please advise. ...many many thanks...

[vinny]

Posts merged.

[fairenough786]

Hi All...

I am a British citizen and working full time. I have put a query here some weeks ago but this is an update with the decision by immigration. I applied in June 2017 and they have refused my son's (16 yrs old) entry clearance based on some Human Rights. I never even applied for any human rights thing, i just applied for a settlement entry clearance (from India) for my 16 yr old son who is dependent on me (being looked after by my parents in India) as he is abandoned/disowned by his biological mother 8 yrs ago.

I must say that 4 yrs ago they had refused the same and i did loose the appeal as i did not have the custody of my children. Now i do. All i want is to take the burden off of my aged parents who are looking after my 16 yr old and my 9 yr old. I am the father and i need to take this responsibility and i dont see a reason who cant my children live with me.

This is the criteria i dont meet apparently : the Appendix FM / paragraph 297 of immigration rules (part . I am trying to appeal but not able to decide how to proceed coz on the appeal form it asks me : which article of the human rights convention am i relying upon and give reasons to support my claim. does anyone PLEASE advise me what article i can rely upon ?...so much appreciate. thank you.

[CR001]

Posts merged.

Again!!