Indefinite Leave to Enter

[aussie1984]

Hi All,

Both my husband and I have british passports and looking to come to the UK next year. We are looking at getting ILE for our children (aged 4, 3) from outside of the UK. Can you please point me in the direction of the form to be completed and guidelines?

I can't find it!

Thanks!

[zimba]

Has either of you had British citizenship before they were born ?

[aussie1984]

We are entitled to the british passports as we are both british by decent

[CR001]

You need forms VAF4A and Appendix 1 for ILE.

[aussie1984]

VAF4A is for north Korea only?

We are from Australia.

I am having trouble seeing a form when both parents are British citizens if the financial requirement still needs to be met?

[CR001]

The PAPER form is for North Korea.

The VAF4A ONLINE form is for everyone else.

https://www.gov.uk/uk-family-visa/child

https://www.visa4uk.fco.gov.uk/home/welcome

How to apply
You’ll need to prepare information and send documents with your application.

How you apply depends on whether you’re outside or in the UK.

Outside the UK
You must apply online. You must also complete Appendix 1.

There’s a different way to apply in North Korea.

[aussie1984]

Perfect! Thank you!

Any ideas for the financial requirement? Both of us parents are still living in Australia but have British passports so we don't have jobs yet to meet financial requirement?

[CR001]

My understanding is that you need to prove adequate maintenance and accommodation.

[aussie1984]

Do you have to pay the £1523 application fee again if the visa is refused and you apply a second time?

[CR001]

Do you have to pay the £1523 application fee again if the visa is refused and you apply a second time?

Yes. It is non refundable and payable for each application you make.

[aussie1984]

Could you please advise if the children will be entitled to government funded schooling? it's my belief that the 3 year old won't be entitled to the free childcare hours?

[aussie1984]

Both my husband and I are still in australia - with british passports. We have more than enough savings to achieve the financial requirement. Does he need to move and working in UK prior to applying for child visa?

[CR001]

Both my husband and I are still in australia - with british passports. We have more than enough savings to achieve the financial requirement. Does he need to move and working in UK prior to applying for child visa?

No he doesn't

[aussie1984]

It says on the appendix 1 - that if you are applying for indefinite leave to enter that you need to submit the Sponsorship undertaking form? That form lists current address and employment details?

Can you also confirm that this is all I need to submit minus supporting documents?
1. VAF4A
2. Appendix 1
3. Sponsorship Undertaking Form

[CR001]

You don't need no. 3.

Note also that parents claim benefits not children so not sure why you believe you can't eventually claim free childcare.

Note that for the first 3 months at least, you won't be able to claim any benefits as you will fail the habitual residence test.

[aussie1984]

So does that mean that my kids won't be able to go to public school for 3 months?

[CR001]

I said benefits not school. By school I mean primary school not nursery, which you will likely have to pay for.

[aussie1984]

I can't see that the habitual residence test applies to British citizens?

[CR001]

It applies if you have not lived for a long period or never have lived in the UK, especially if you have never paid into the system, ie national insurance.

[aussie1984]

Would you be able to send me a link to habitual residence test. I can't see that anywhere.

Also if you could send me the link to requirements for VAF4A? I have spent two days reading the docs for this and can't see where it says the sponsoring parent doesn't need to be in the UK or that they don't need to supply sponser undertaking!

[CR001]

Would you be able to send me a link to habitual residence test. I can't see that anywhere.

https://www.turn2us.org.uk/Benefit-guid ... dence-Test

Also if you could send me the link to requirements for VAF4A? I have spent two days reading the docs for this and can't see where it says the sponsoring parent doesn't need to be in the UK or that they don't need to supply sponser undertaking!

Many have applied for this and been granted, so not sure why you feel there is an issue.

See Immigration Rules Part 8 - Children - Para 297(i)(b)

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

Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement;

[JB007]

https://www.turn2us.org.uk/Benefit-guid ... dence-Test

Note that the link is out of date and there is no welfare payment called "Tax Credits" anymore.