Family of settled person visa

[Babajee85]

So, just to clarify, you have been absent from the UK for 8 years (ILR automatically expires after 2 years, unless you have strong connections to the UK) and while abroad, you married and effectively started new family life abroad. Can you see why the Home Office may conclude that your connections to the UK are not that particularly strong and therefore that you do not qualify for a Returning Resident visa?

How many years did you live in the UK?

Hi Guys,

i am British national (naturalised). My wife and 7 years old daughter lives in Pakistan.
My daughter has got the ILR while in UK.She got ILR in December 2012 valid till December 2017.Her ILR card is expired now.

She lived in UK just for Two years.She was born in Pakistan.

Can she be eligible for returning resident visa (ILR)....I am in Uk from last 12 years and working full time.

Can my presence be a strong tie or not....because she is minor.


Please advise.

Thanks

[secret.simon]

What is the UK immigration status of the mother?

The general rule of thumb is that the UK immigration status of children born abroad is inline with that of the less privileged parent.

I suspect that the mother and daughter will have to move to the UK on a five year spousal visa route and then reapply for ILR.

[Casa]

To avoid confusion thread has been split from the other member's topic where the post had been tagged onto.

[Babajee85]

What is the UK immigration status of the mother?

The general rule of thumb is that the UK immigration status of children born abroad is inline with that of the less privileged parent.

I suspect that the mother and daughter will have to move to the UK on a five year spousal visa route and then reapply for ILR.

Hi Simon,

Thanks for the reply.The mother is Pakistani national and she was here in UK once on PBS Tier 1 dependent visa.

[Babajee85]

Hi guys,

I see this post at the following link

Third party weblink removed by moderator.




CHILD VISAS
If you are a child under 18 living overseas and you have a parent or other relative who is either settled or applying for settlement in the UK, then you may be eligible to enter and remain in the UK indefinitely.

If you are the child under 18 of a parent who has, or is applying for, limited leave as a partner (spouse, civil partner or unmarried partner) of a British citizen or settled person then you may be eligible for leave in line with your parent.

What are the main eligibility requirements for a Child visa?
Indefinite Leave to Enter the UK as a Child

An application for indefinite leave to enter the UK as the child of a settled parent or relative may be appropriate in the following circumstances:

Where the child is coming to the UK to live with both parents and either:
Both parents are British citizens or have indefinite leave to remain, or are being admitted on the same occasion for settlement; or
One parent is a British citizen or has indefinite leave to remain, and the other parent is applying to come to the UK.
Where the child is coming to the UK to live with only one parent and either:
One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child’s upbringing; or
One parent is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
Where the child is coming to live with another relative who is not their parent and:
The relative is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
Additionally, the child will have to show that they satisfy the following requirements:

They are related to the parent or other relative as claimed; and
They are under 18 at the date of application; and
They are not married, in a civil partnership or leading an independent life; and
There is adequate accommodation and maintenance for the child, without relying on public funds.


So does it mean i can apply for my daughter the ILE as she is applying with her mother (who is applying spouse visa).

Please advise...Thanks

[CR001]

No it does not mean that. It would only apply if the mother and father held ILR.

Child will get a visa in line with the mother and will qualify for ILR when the mother does.

[Babajee85]

No it does not mean that. It would only apply if the mother and father held ILR.

Child will get a visa in line with the mother and will qualify for ILR when the mother does.

Thanks for the swift reply.

Can you please give me a link for this rule...much appreciated...

[CR001]

Immigration rules part 8, pont 297(i)(a)

https://www.gov.uk/guidance/immigration ... ly-members

Where the mother applies for a spouse visa, the child applies as well and will get a visa valid for the same period as the mother.

[Obie]

What is this ILR card that you are talking about that is valid for 5 years. I have never heard of it.

[CR001]

Hi guys,

I see this post at the following link

Third party weblink removed by moderator.




CHILD VISAS
If you are a child under 18 living overseas and you have a parent or other relative who is either settled or applying for settlement in the UK, then you may be eligible to enter and remain in the UK indefinitely.

If you are the child under 18 of a parent who has, or is applying for, limited leave as a partner (spouse, civil partner or unmarried partner) of a British citizen or settled person then you may be eligible for leave in line with your parent.

What are the main eligibility requirements for a Child visa?
Indefinite Leave to Enter the UK as a Child

An application for indefinite leave to enter the UK as the child of a settled parent or relative may be appropriate in the following circumstances:

Where the child is coming to the UK to live with both parents and either:
Both parents are British citizens or have indefinite leave to remain, or are being admitted on the same occasion for settlement; or
One parent is a British citizen or has indefinite leave to remain, and the other parent is applying to come to the UK.
Where the child is coming to the UK to live with only one parent and either:
One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child’s upbringing; or
One parent is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
Where the child is coming to live with another relative who is not their parent and:
The relative is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
Additionally, the child will have to show that they satisfy the following requirements:

They are related to the parent or other relative as claimed; and
They are under 18 at the date of application; and
They are not married, in a civil partnership or leading an independent life; and
There is adequate accommodation and maintenance for the child, without relying on public funds.


So does it mean i can apply for my daughter the ILE as she is applying with her mother (who is applying spouse visa).

Please advise...Thanks

I have removed the barrister website link.

If you note the piece you posted that I have highlighted above, it clearly states the child will get a visa in line with the parent applying for a spouse visa.

[secret.simon]

What is this ILR card that you are talking about that is valid for 5 years. I have never heard of it.

BRP cards issued to minors are only valid for 5 years (Regulation 13(4)(c) of The Immigration (Biometric Registration) Regulations 2008).

Immigration rules part 8, pont 297(i)(a)

https://www.gov.uk/guidance/immigration ... ly-members

Where the mother applies for a spouse visa, the child applies as well and will get a visa valid for the same period as the mother.

CR001, I think the more relevant Immigration Rule in this case is 301(i)(a).

301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:
(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:
(a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or

To the OP, the relevant section of the Rules changes nothing. Your child will have to start on the immigration pathway from scratch and your wife and the child will need to stay in the UK for the next five years in order to qualify for ILR.

[vinny]

Unfortunately, 301 is subject to the transitional provisions, A280(f). I think the applicable rules would be under Family life as a child of a person with limited leave as a partner or parent. Don’t forget the extra Financial requirement for child.

When the child is eligible for ILR, I believe the applicable rules would be under A277, A280( b ), 299.

[Babajee85]

Unfortunately, 301 isn’t covered under the transitional provisions, A280. I think the applicable rules would be under Family life as a child of a person with limited leave as a partner or parent. Don’t forget the extra Financial requirement for child.

When the child is eligible for ILR, I believe the applicable rules would be under A277, A280( b ), 299.

Thanks guys for the clarity...So i was just wondering how did she get the ILR card back then in Dec 2012 while i applied for ILR too....IF it is the case that child will get the visa as with less privileged parent...In that case my wife was less privileged....But she got the ILR

Can someone please clarify...Thanks

[Babajee85]

What is this ILR card that you are talking about that is valid for 5 years. I have never heard of it.

Its a ILR which she got while i was applying for ILR. She came from Pakistan as Tier 1 Child dependent valid till end of my visa...So once i applied for ILR then she did so as dependent child...So we both got it...and mother got the extension of visa...

[Babajee85]

Hi guys,

I see this post at the following link

Third party weblink removed by moderator.




CHILD VISAS
If you are a child under 18 living overseas and you have a parent or other relative who is either settled or applying for settlement in the UK, then you may be eligible to enter and remain in the UK indefinitely.

If you are the child under 18 of a parent who has, or is applying for, limited leave as a partner (spouse, civil partner or unmarried partner) of a British citizen or settled person then you may be eligible for leave in line with your parent.

What are the main eligibility requirements for a Child visa?
Indefinite Leave to Enter the UK as a Child

An application for indefinite leave to enter the UK as the child of a settled parent or relative may be appropriate in the following circumstances:

Where the child is coming to the UK to live with both parents and either:
Both parents are British citizens or have indefinite leave to remain, or are being admitted on the same occasion for settlement; or
One parent is a British citizen or has indefinite leave to remain, and the other parent is applying to come to the UK.
Where the child is coming to the UK to live with only one parent and either:
One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child’s upbringing; or
One parent is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
Where the child is coming to live with another relative who is not their parent and:
The relative is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
Additionally, the child will have to show that they satisfy the following requirements:

They are related to the parent or other relative as claimed; and
They are under 18 at the date of application; and
They are not married, in a civil partnership or leading an independent life; and
There is adequate accommodation and maintenance for the child, without relying on public funds.


So does it mean i can apply for my daughter the ILE as she is applying with her mother (who is applying spouse visa).

Please advise...Thanks

I have removed the barrister website link.

If you note the piece you posted that I have highlighted above, it clearly states the child will get a visa in line with the parent applying for a spouse visa.

I got confused by this :

One parent is a British citizen or has indefinite leave to remain, and the other parent is applying to come to the UK.

[vinny]

One parent is a British citizen or has indefinite leave to remain

Presumably you.

and the other parent is applying to come to the UK.

Presumably your wife.