Post
by sudraka » Sat Feb 27, 2021 8:27 am
So from what I now understand my kids do not need to meet the Financial Requirement , as they both qualify for Indefinite leave to enter and indefinite leave to remain. See below.
Financial Requirment:
The financial requirement does not apply to a child who:
• is a British Citizen (including an adopted child who acquires British citizenship)
• is an Irish Citizen
Page 9 of 71 Published for Home Office staff on 28 January 2021
• is a European Economic Area (EEA) national resident in the UK with free
movement rights under the Immigration (European Economic Area)
Regulations 2016 for as long as those rights remain in force until the end of the
grace period on 30 June 2021
• has been or is being granted leave to enter or remain under the EU Settlement
Scheme (including settled status in accordance with paragraph EU2 or EU2A
and pre-settled status in accordance with EU3 and EU3A of Appendix EU)
• is settled in the UK or who qualifies for indefinite leave to enter
• qualifies under Part 8 or Appendix Armed Forces of the Immigration Rules in a
category to which the financial requirement does not apply
Immigration Rules:
Part 1
Leave to enter or remain as a child of a parent, parents or relative who are present and
settled in the UK or are being admitted for settlement – paragraphs 297-300 of the
Immigration Rules
Part 8 of the immigration rules Paragraphs 297-300 :
Children,
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; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and
(vii) does not fall for refusal under the general grounds for refusal.
Requirements for indefinite leave to remain in 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
298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with 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) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or
(d) one parent or a relative is present and settled in the United Kingdom and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
(ii) has or has had limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
(c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or
(d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or
(e) was last given limited leave to remain under paragraph 298A; and
(iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds; and
(vi) does not fall for refusal under the general grounds for refusal, and
(vii) if aged 18 or over, was admitted to the United Kingdom under paragraph 302, or Appendix FM, or 319R or 319X and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL.
298A. If an applicant does not meet the requirements of paragraph 298 only because:
(a) the applicant does not meet the requirement in paragraph 298(vi) by reason of a sentence or disposal of a type mentioned in paragraph 322(1C)(iii) or (iv); or
(b) an applicant aged 18 or over does not meet the requirement in paragraph 298(vii); or
(c) the applicant would otherwise be refused indefinite leave to remain under paragraph 322(1C)(iii) or (iv), the applicant may be granted limited leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds.
My Questions are as follows:
1.) Am I understanding that they are entitled to ILE/ILR and that the financial requirement will not apply to them ?
2.) So I actually completed an online visa application for one of my sons which I cancelled due to the chosen TLS centre closing down. The application checklist that was provided stated two things that created the initial confusion
a.) " evidence that you can meet the financial or maintenance requirements of the application as stated in the relevant paper appendix ( VAF4A Appendix 1) you will provide as part of your application"
The Appendix does not state any financial requirement , it merely asked for details of the Sponsors(is that me, the parent? ) income and if the applicant has access to any savings, and how much the savings are.
b.) "evidence of where you will live in the UK, for example:
evidence of monthly housing costs for the accommodation in the UK where you will live
proof of property ownership from the owner of the property you will live in, such as a mortgage statement
rental agreement
tenancy agreement
letter signed by the owner of the property you will live in stating that you have permission to live there
copy of an ID document of the owner of the property you will live in, such as a passport"
We do not have an address as yet, as we are all going together and will be renting an AIRBNB until we find a rental? And advise on this?
3.) As a British citizen, living in another country , are you regarded as "settled" ?