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non-EU Child under 16 emergency visa. Mother naturalised

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p2218295
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non-EU Child under 16 emergency visa. Mother naturalised

Post by p2218295 » Wed Apr 26, 2017 11:08 am

The situation:
The child (under 16) in question was not born in the UK. The mother is naturalised British citizen from Belarus. Has good immigration history and no public funds. She has sole responsibility for the child. Child was living with grandparents (mothers side). Child has suddenly taken very ill and grandparents refuse to look after him anymore. The mother has had to take leave from her job and rush back to help the child. This is putting strain on her job and finances and life in the UK. It is also further reducing chance for her to apply for the child to come to the UK because she is not getting paid while she is away.

Is there a way to get the child back with the mother and then apply for the longer term residence visa for the child? For example: Is it possible for a child under 16 to enter the UK on a visitor visa but then apply to a remain with longer term family visa that leads to settlement?

We are very desperate and need help. :cry:

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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by CR001 » Wed Apr 26, 2017 11:17 am

You cannot switch from a visitor visa to another category within the UK. This application should be made outside the UK in the normal way. Why has child not come to the UK before now?
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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by p2218295 » Wed Apr 26, 2017 11:28 am

Mother was unsure of how the child would do in school in UK etc. Just didn't happen and we were thinking of applying for him but then things took a turn for the worse. The child seems to have panicked and refuses to attend school (was actually doing all right so far). Also teenager so very confused and vulnerable.

I cannot locate the correct form that would be needed for this kind of visa. The UK visa website shows that the application is to be made online now?

Also there is a slight problem with proving adequate accommodation as presently we live in a HMO (house with multiple occupancy). The mother has a double room all to herself but I don't know if allowing the child would be considered overcrowding. Landlord will probably be happy to supply a letter that child can stay.

Finally I cannot find any numbers on proving adequate maintenance. How much should the mother be earning annually. She has never claimed public funds.

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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by CR001 » Wed Apr 26, 2017 11:35 am

The property will likely be overcrowded and will require a property inspection report for a visa application.

You don't state how old the child is??

https://www.gov.uk/join-family-in-uk/overview
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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by p2218295 » Wed Apr 26, 2017 1:24 pm

CR001 wrote:You don't state how old the child is??
15 year old. Is there any way to get an emergency (temporary leave to enter) visa for the child now and then apply for settlement from inside the UK? The situation is really tough and there is no time to find accommodation, move etc.

I am thinking would the local British embassy be able to issue a temporary permit?

... or are the rules truly heartless?

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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by p2218295 » Thu Apr 27, 2017 3:53 pm

bump

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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by CR001 » Thu Apr 27, 2017 4:23 pm

Yes, the rules are the rules.

Not sure what 'temporary permit' you think there is.

The child would likely get ILE, but you need to prove adequate maintenance and accommodation.
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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by p2218295 » Fri Apr 28, 2017 6:39 am

Okay how does one go about applying ILE? How does it differ ILR?

Can someone other than the childs mother sponsor the child.
I am a naturalised British citizen and the mother is my girlfriend. We have been together for over 10 years now. This is tearing our hopes and dreams apart. I have a stable job and can easily show maintenance.

Thanks

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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by CR001 » Fri Apr 28, 2017 8:32 am

p2218295 wrote:Okay how does one go about applying ILE? How does it differ ILR? ILE is granted OUTSIDE the UK, usually to children of British citizens or persons who hold ILR. Whereas ILR can only be applied for INSIDE the UK.

Can someone other than the childs mother sponsor the child. Yes, but it depends hugely on the circumstances.

I am a naturalised British citizen and the mother is my girlfriend. We have been together for over 10 years now. This is tearing our hopes and dreams apart. I have a stable job and can easily show maintenance. As your girlfriend is now British, she will have to sponsor the child but joint income can be used to prove adequate maintenance and accommodation. The accommodation will still be an issue if she is living in an HMO.

Thanks
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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by p2218295 » Fri Apr 28, 2017 10:17 am

Thank you. This gives me some hope.

Accommodation: I found that for accommodation a friend who can offer her place to live is acceptable as long as they have 2 rooms exclusively for use by her and child. She has a friend who may be willing to do this. Alternatively I can arrange to rent out a property for all of us where she lives rent-free. So we can move out of HMO.

Question:
- If I rent out a property how long should the lease be. Is 6 months acceptable?
- If the friend houses her is a letter saying have a duration mentioned?

If we use my income and hers together it will be easier to sponsor the child. However we are not married, we have been living together. We have been together since 2007 and moved in the same address since 2010. We don't share finances however and the HMO we live in the landlord pays the bills, we just pay him the rent. So how can we show our relationship is real and so my income can be used. We of course pictures of places visited and texts exchanged every day between us.

We are both naturalised British citizens with good immigration history. No public funds.

Finally where is the form to fill for ILE and after ILE does the child apply for citizenship?

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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by CR001 » Fri Apr 28, 2017 10:24 am

- If I rent out a property how long should the lease be. Is 6 months acceptable?
there is no 'minimum or maximum' duration. A 6 months lease should be fine.
- If the friend houses her is a letter saying have a duration mentioned?
Letter stating she has accommodation plus friends tenancy agreement, letter from Landlord saying ok, council tax bill etc.
If we use my income and hers together it will be easier to sponsor the child. However we are not married, we have been living together. We have been together since 2007 and moved in the same address since 2010. We don't share finances however and the HMO we live in the landlord pays the bills, we just pay him the rent. So how can we show our relationship is real and so my income can be used. We of course pictures of places visited and texts exchanged every day between us.
Cannot answer this right now as don't have time to dig around while at work.
Finally where is the form to fill for ILE and after ILE does the child apply for citizenship?
See link below. They MIGHT grant ILE, otherwise they will grant a child settlement visa for 33 months, which will be renewable for a further 2.5 years. Visa fee and Immigration Health Surcharge payable.

https://www.gov.uk/join-family-in-uk/overview

As an older child, the child will be expected to have 2 years residence before qualifying for citizenship if still under 18. Once child reaches 18, they will require 5 years residence for citizenship.
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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by p2218295 » Sun Apr 30, 2017 9:44 am

CR001 wrote:
If we use my income and hers together it will be easier to sponsor the child. However we are not married, we have been living together. We have been together since 2007 and moved in the same address since 2010. We don't share finances however and the HMO we live in the landlord pays the bills, we just pay him the rent. So how can we show our relationship is real and so my income can be used. We of course pictures of places visited and texts exchanged every day between us.
Cannot answer this right now as don't have time to dig around while at work.
Hi any updates here? From what I read third-party support is not acceptable. Not sure if that applies to unmarried partners.

Also when trying to calculate health surcharge https://www.immigration-health-surcharg ... ecker/type in "About the person you are joining in the UK" there is no option to select "British citizen" anywhere?

Thanks

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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by Babajee85 » Tue May 02, 2017 4:03 pm

CR001 wrote:The property will likely be overcrowded and will require a property inspection report for a visa application.

You don't state how old the child is??

https://www.gov.uk/join-family-in-uk/overview
If i want to apply for my wife spouse visa with two children of 5 and 3 years old.

How many bedrooms house will be sufficient as per law.

Please advise.

Thanks

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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by secret.simon » Tue May 02, 2017 4:10 pm

Guide on Accommodation overcrowding.

Also, please do not hijack another person's thread with an unrelated query.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: non-EU Child under 16 emergency visa. Mother naturalised

Post by p2218295 » Thu May 04, 2017 6:15 pm

p2218295 wrote:
CR001 wrote:
If we use my income and hers together it will be easier to sponsor the child. However we are not married, we have been living together. We have been together since 2007 and moved in the same address since 2010. We don't share finances however and the HMO we live in the landlord pays the bills, we just pay him the rent. So how can we show our relationship is real and so my income can be used. We of course pictures of places visited and texts exchanged every day between us.
Cannot answer this right now as don't have time to dig around while at work.
Hi any updates here? From what I read third-party support is not acceptable. Not sure if that applies to unmarried partners.

Also when trying to calculate health surcharge https://www.immigration-health-surcharg ... ecker/type in "About the person you are joining in the UK" there is no option to select "British citizen" anywhere?

Thanks
Restoring hijacked thread. Bump.

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