Urgent Help!!! Regarding my Son's Visa

[bammu]

Gurus.

Please help me.

What type of Visa will be given to the child dependant to an ILR holder. I am a ILR holder and applied a ILR dependant for my wife and son, because that time they were not in UK. She got Spouse visa for 27 months but my son visa sticker mentioned " Child accompanied with <My wife name>/ <My name>" . Is it correct . Can he apply for ILR after 2 yrs along with my wife.

Or also i am planning to apply for naturalization next yr. Can i include my son in that application. Is he eligible.

Thanks a ton
Bammu

[bammu]

All

Kindly please someone clarify the point which i raised. As i understood , If one of the parent is settled in UK then the Child is Eligible for ILE. I don't know whether the visa which my son got is correct one or not.

Thanks
Bammu

[geriatrix]

What's the child's age?


regards

[vinny]

All

Kindly please someone clarify the point which i raised. As i understood , If one of the parent is settled in UK then the Child is Eligible for ILE. I don't know whether the visa which my son got is correct one or not.

Thanks
Bammu

No. For ILE, 297 has to be satisfied. He has the correct visa.

Subsequently, if he's under 18, then he may be included with your wife's SET(M) application.

[bammu]

Thanks Vinny.

1) Paragraph 299- Indefinite leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled. In his case, i was the main applicant. So as per 299, Is he not eligible to get ILE.

2) With the current visa, can he be included in my wife's ILR application after second year.

Thanks
Bammu.

[vinny]

1) Paragraph 299- Indefinite leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled. In his case, i was the main applicant. So as per 299, Is he not eligible to get ILE.

Is each of the requirements of paragraph 298 met?

2) With the current visa, can he be included in my wife's ILR application after second year.

Yes.

[bammu]

Thanks Vinny


Let me explain the scenario, My wife was with me for 3.5 yrs and went back to india last year for delivery. That's why she didn't get the ILR. Otherwise she would have also got ILR along with me. Now she got Spouse Visa and My son got Leave to Remain.

Thanks
Bammu

[John]

I have just been pointed to this topic and feel it is more appropriate to have this discussion here, because of previous discussion on the point.

In a post on 27.10.10 Vinny posted a link to "297" (Vinny I admit I have slightly edited that so it now points to the actual immigration rules).

But if we look at para 297, well, in my opinion its requirements are passed. In particular 297(i) is split into six sub-parts, (a) to (f), and we should note that those sub-parts are all connected by an "or". In other words we need to pass only one of (a) to (f) in order to clear the (i) hurdle.

Then if we read (c) we see that it says :-

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement

-: which exactly fits the circumstance here.

So as all of the parts of 297 appear to be met, I fail to understand why ILE was not issued to the child.

[Greenie]

I have just been pointed to this topic and feel it is more appropriate to have this discussion here, because of previous discussion on the point.

In a post on 27.10.10 Vinny posted a link to "297" (Vinny I admit I have slightly edited that so it now points to the actual immigration rules).

But if we look at para 297, well, in my opinion its requirements are passed. In particular 297(i) is split into six sub-parts, (a) to (f), and we should note that those sub-parts are all connected by an "or". In other words we need to pass only one of (a) to (f) in order to clear the (i) hurdle.

Then if we read (c) we see that it says :-

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement

-: which exactly fits the circumstance here.

So as all of the parts of 297 appear to be met, I fail to understand why ILE was not issued to the child.

the other parent was not being admitted on the same occasion for settlement, the parent was being admitted on the same occasion with limited leave to enter (albeit with a view to settlement) the child was issued with the correct leave as per para 301.

[John]

But the wife was being issued with a spouse visa, a settlement-class visa.

If you look at para 282 of the Immigration Rules you will see that it uses the term "settlement", even if a time-limited 27-month visa is being issued.

The heading and relevant part of para 282 reads :-

Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion

282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:

(a) in the case of a person who meets the requirements of paragraph 281(i)(a)(i) and one of the requirements of paragraph 281(i)(a)(ii) - (vi) be admitted for an initial period not exceeding 27 months, or .....

It was under para 282 that the wife got her 27-month spouse visa.

[Greenie]

But the wife was being issued with a spouse visa, a settlement-class visa.

If you look at para 282 of the Immigration Rules you will see that it uses the term "settlement", even if a time-limited 27-month visa is being issued.

The heading and relevant part of para 282 reads :-

Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion

282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:

(a) in the case of a person who meets the requirements of paragraph 281(i)(a)(i) and one of the requirements of paragraph 281(i)(a)(ii) - (vi) be admitted for an initial period not exceeding 27 months, or .....

It was under para 282 that the wife got her 27-month spouse visa.

I appreciate that the spouse visa is a 'settlement class' visa but he wife was not admitted for settlement she was admitted with a view to settlement which is not the same.

The reference to 'admitted for settlement' in the heading for 282 refer to the sponsoring spouse and not the applicant spouse.

The child did not qualify for ILE under 297 because both parents are not settled/or being admitted for settlement, he only qualified for limited leave to enter under 301. It is always the case that in these circumstances the child is given leave in line with the applicant spouse.

See also

SET7.12 and SET7.13