Spouse and Child Visa to UK.

[William1Watson]

Hi,
I have some queries about dependent Visa to UK, please clarify.
My questions - I'm British Citizen but currently I'm living in India. I'm planning to move back to UK in a month from today. I wish to take my wife and my only son (5 years old) to the UK along with me. However, currently my wife doesn't have either UK Visa or UK passport, as she is Indian citizen she holds an Indian passport. She did have UK dependent Visa for 6 years when we lived in the UK; but this Visa has expired now. So can we apply for her dependent UK Visa now in India?
As my son was born in India he has Indian passport. When he first travelled from India to UK he had "UK Certificate of Entitlement to Right of Abode" in his Indian passport because I was British Citizen when he was born. But as his first Indian passport expired recently we renewed his passport, hence his new passport doesn't have the "UK Certificate of Entitlement to Right of Abode". Infact his "UK Certificate of Entitlement to Right of Abode" has expired in Feb 2023. So can we apply for this again? If not, what's the alternative for him to travel to the UK along with me?

Lastly, I don't have any rental property or own property in the UK currently, nor do I have any earnings/job in the UK currently. So with this being - can I apply for my wife's and son's dependent UK Visa before me moving over to UK or should I first travel to the UK, get a job, rent a property to live and then apply for their Visas from India? Please clarify.

[Casa]

I'll leave it to others better placed to advise further on the Certificate of Entitlement to Right of Abode for your son.

Regarding meeting the financial criteria for a settlement visa, unless you have £62,500 in funds which have been held in an accessible account for a minimum period of 6 months (unless these funds are from the sale of property in India), you will have to return to the UK, find employment with an income of £18,600 pa and after 6 months you will be able to submit the settlement visa application.

You will also be required to submit evidence of adequate accommodation, available for when your wife and son join you.

There are other conditions to meet, including proof of English language for your wife. See link below:

https://www.gov.uk/uk-family-visa/partner-spouse

[Sysy]

"he had "UK Certificate of Entitlement to Right of Abode" in his Indian passport because I was British Citizen when he was born." If your son was born while you were a British citizen, then you could apply for a British passport for him which will save you money in form of dependant application fees. Check this link for eligibility https://www.gov.uk/apply-citizenship-british-parent

[secret.simon]

As my son was born in India he has Indian passport. When he first travelled from India to UK he had "UK Certificate of Entitlement to Right of Abode" in his Indian passport because I was British Citizen when he was born. But as his first Indian passport expired recently we renewed his passport, hence his new passport doesn't have the "UK Certificate of Entitlement to Right of Abode". Infact his "UK Certificate of Entitlement to Right of Abode" has expired in Feb 2023. So can we apply for this again? If not, what's the alternative for him to travel to the UK along with me?

Yes, you can apply for a CoE-RoA again. Or you can go down the British passport route as well.

What is clear is that the child is a British citizen by descent and so can't apply for a visa. It will have to be one of the two options above.

I don't have any rental property or own property in the UK currently, nor do I have any earnings/job in the UK currently. So with this being - can I apply for my wife's and son's dependent UK Visa before me moving over to UK or should I first travel to the UK, get a job, rent a property to live and then apply for their Visas from India?

As Casa has already mentioned above, you will need one of the below,
(a) At least £62500 in liquid funds, held in an accessible bank account for at least six months, OR,
(b) have earned at least £18600 per annum in a current job in your present residence AND have a confirmed job offer in the UK starting within three months paying at least £18600, OR,
(c) return to the UK on your own (or with your British citizen child), get a salaried job paying at least £18600 and apply after six months of having earned that salary.

[William1Watson]

Thank you very much for the detailed response. If you could kindly clarify couple of more queries that would be of great help.

(a) At least £62500 in liquid funds, held in an accessible bank account for at least six months

Q (a.1) - If I have some savings in my UK bank account and some in my Indian Bank account together summing up to £62,500/- for over 6 months then can I apply for my wife's dependent Visa and son's British passport or CoE-RoA without me moving to the UK first? Basically I am trying to see if there is a way to sort out my wife's and son's UK travel permission while I'm in India, if yes, then we all three can travel to the UK together.
Q (a.2) - If yes to Q (a.1), is it necessary for me to rent a property in the UK to live with my family before we apply for my wife's Visa and my son's British passport (or CoE-RoA)?

(b) have earned at least £18600 per annum in a current job in your present residence AND have a confirmed job offer in the UK starting within three months paying at least £18600

Q. (b.1) - So say if I go to the UK alone first and I find a job that pays me £74,400/- salary per annum (i.e, £6,200 per month or £18,600 for 3 months) then do I still have to wait for 3 months, before I apply for my family Visas, to show £18,600/- earning or can I apply for the Visas straight after I join the job?

[Ticktack]

Thank you very much for the detailed response. If you could kindly clarify couple of more queries that would be of great help.

(a) At least £62500 in liquid funds, held in an accessible bank account for at least six months

Q (a.1) - If I have some savings in my UK bank account and some in my Indian Bank account together summing up to £62,500/- for over 6 months then can I apply for my wife's dependent Visa and son's British passport or CoE-RoA without me moving to the UK first? Basically I am trying to see if there is a way to sort out my wife's and son's UK travel permission while I'm in India, if yes, then we all three can travel to the UK together.
Q (a.2) - If yes to Q (a.1), is it necessary for me to rent a property in the UK to live with my family before we apply for my wife's Visa and my son's British passport (or CoE-RoA)? Firstly, take your son out of the equation. You don't need any money, job or accommodation to apply for his CoE-RoA. So all this is about your spouse. If you have all that money that has been sitting around for 6 months or more, yes you can make an application. You would still need evidence of where you would reside when you enter the UK.

(b) have earned at least £18600 per annum in a current job in your present residence AND have a confirmed job offer in the UK starting within three months paying at least £18600

Q. (b.1) - So say if I go to the UK alone first and I find a job that pays me £74,400/- salary per annum (i.e, £6,200 per month or £18,600 for 3 months) then do I still have to wait for 3 months, before I apply for my family Visas, to show £18,600/- earning or can I apply for the Visas straight after I join the job?

Even if you got a job paying £200k, you would still need to evidence 6 months. I guess this is to show stability at the job. So it isn't all about the money, it's more about continued sustenance.

[William1Watson]

Thanks million for your quick and clear response. This makes it much easier for me.

[William1Watson]

One more thought came to me - Can my wife apply for visitor or tourist Visa to UK? My son will get British Passport and I already have one. So if I and my son go to UK and my wife can join us slightly later on her visitor or tourist visa?

[AmazonianX]

One more thought came to me - Can my wife apply for visitor or tourist Visa to UK? My son will get British Passport and I already have one. So if I and my son go to UK and my wife can join us slightly later on her visitor or tourist visa?

That will probably ring alarm bells of trying to circumvent immigration process.
What incentive does a wife who has British husband and child (that are in UK already) has to return to her home country after entering UK on a visit visa?

[Ticktack]

One more thought came to me - Can my wife apply for visitor or tourist Visa to UK? My son will get British Passport and I already have one. So if I and my son go to UK and my wife can join us slightly later on her visitor or tourist visa?

Technically, AmazonianX is right. However, there's nothing wrong with it. Many have been known to do this. Some spouse don't plan to move to the UK, but visit the UK periodically to spend time with their spouse. So it is allowed to apply for a visitors visa.

Please note that, if you want to use this guise to enter the UK and apply from the UK for a spouse visa, you would meet untold hardship. Regardless of the outcome, your spouse would still need to travel back to home country and apply from there for a spouse visa.

[William1Watson]

Thanks both for your replies, much appreciate it. Ultimately my agenda is to take my family to UK with me as early as possible or without much delay. But I want to do it in a legal way, don't want to cheat or hide anything to/from UK Home Office.

[William1Watson]

Hi All,
How much does it cost for spouse visa to come to UK including the health surcharge fees? Is it just £1,846 or £1846 + (£1035*3 years visa) = £1846 + £3105 = £4,951? I mean £1,846 or £4,951?

I checked into the below website and it isn't very clear because it says "You might also need to pay the healthcare surcharge". Is it "might" or we "should"?

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

Do note that I'm a British Citizen and my wife is Indian citizen, I'm applying for my wife's visa to come and join me in the UK.

[CR001]

You must pay the IHS fee. It is not an option or a choice.

The visa fee is £1,846

IHS fee is £3,105 for a 2 year 9 month entry clearance visa.

[secret.simon]

I checked into the below website and it isn't very clear because it says "You might also need to pay the healthcare surcharge". Is it "might" or we "should"?

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

Do note that I'm a British Citizen and my wife is Indian citizen, I'm applying for my wife's visa to come and join me in the UK.

There is a very small number of people who are exempt from paying for the Immigration Health Surcharge, primarily (non-British citizen) people moving to the UK on a Health and Social Care visa and their dependents.

You do not seem to meet any of the exemptions.