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Entry clearance for a Child born in Indian

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Roofi
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Entry clearance for a Child born in Indian

Post by Roofi » Tue Mar 02, 2021 5:39 pm

I am asking this question on behalf of my friend.

My friend has ILR in the UK (ILR obtained in 2000 through “domestic worker in a private household” visa)

His wife & children live in Indian. He wants to apply visa for his 17 years old son (child born in India).

My questions are,

1. what visa can be applied for his son? (please note UKVI website says settlement for a child can be applied once he is in the uk)
2. Is there any income requirement that my friend need to show? If yes, how much?

Many thanks

Roofi

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CR001
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Re: Entry clearance for a Child born in Indian

Post by CR001 » Tue Mar 02, 2021 5:41 pm

Is the wife also applying for a visa??

When does the child turn 18?

Why has he not brought his family to the UK before?
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Roofi
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Re: Entry clearance for a Child born in Indian

Post by Roofi » Tue Mar 02, 2021 5:45 pm

His wife is in india

His son will turn 18 in September 2021.

He is struggling financially that’s why could not apply visas for his family.

Please reply to my questions

Many thanks

Roofi
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Re: Entry clearance for a Child born in Indian

Post by Roofi » Tue Mar 02, 2021 5:48 pm

Wife not applying

Only son is applying

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CR001
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Re: Entry clearance for a Child born in Indian

Post by CR001 » Tue Mar 02, 2021 5:52 pm

The child is unlikely to qualify for a visa if the mother doesn't also apply.

immigration-for-family-members/sole-res ... 13087.html
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secret.simon
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Re: Entry clearance for a Child born in Indian

Post by secret.simon » Tue Mar 02, 2021 7:20 pm

The general rule for children born abroad is that they have the same UK immigration status as that of the less-privileged parent.

So, unless the father can claim sole responsibility (for more information, see link by CR001 above), the child will not qualify for a visa without the mother (because she has no UK Immigration status, the child does not get one either).

Keep in mind that on or after the child's 18th birthday, they will be treated as an adult and sponsoring them will become considerably more difficult, if not impossible.
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.

Roofi
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Re: Entry clearance for a Child born in Indian

Post by Roofi » Tue Mar 02, 2021 10:32 pm

Father is now considering to apply for student visa for his son.

He will then apply for settlement once the child is in the UK.

Do you think this is correct approach?

Need your suggestion

secret.simon
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Re: Entry clearance for a Child born in Indian

Post by secret.simon » Tue Mar 02, 2021 11:34 pm

Roofi wrote:
Tue Mar 02, 2021 10:32 pm
He will then apply for settlement once the child is in the UK.
Children born abroad are only eligible for settlement when both parents have got settlement.

So, even in this case, the child is welcome to come to the UK (and they will have to pay overseas fees when studying at an English university), but they do not have a pathway to settlement without the mother.

Keep in mind that any time spent on student visas does not count towards ILR as an adult, except on the 10 year Long Residence route.
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.

Roofi
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Re: Entry clearance for a Child born in Indian

Post by Roofi » Wed Mar 03, 2021 1:39 pm

Thank you for your great help

It seems like there is no hope.

His wife is not educated & she is 50 years old. She is physically & mentally fit but have learning difficulty, therefore it would be difficult for her to pass English language test.

Is there any way to get the visa without English test?

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