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Child travelled outside UK and visa ran out

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starxrose
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Posts: 12
Joined: Tue Jun 28, 2011 12:28 am

Child travelled outside UK and visa ran out

Post by starxrose » Sun May 13, 2012 2:57 am

Dear Forum members and Moderators, please advise me

My son is currently out of the UK and his Tier 1 dependant visa ran out;
He is currently in fulltime education there but needs to come to the UK for regular visits and return to my home country for his education. He lives with my parents and I want him to come home during school holidays.

For background information
I recently received ILR after changing from Tier 1visa, which my children (born outside uk) were dependants on. My older son (13) travelled abroad last year while on Tier 1 dependant to stay with my parents. He then used the visa to travel to the UK three times in one year. Before his move, he had lived in the UK for seven years.

I am trying to assess the options available for him to gain ILR and /or register for BC, but I am really confused; please help /advise on the better option.

1. Should I apply using MN1 visa for him or use VAF4A for settlement applics when applying as he is outside UK?
2. If registering him for ILR and later BC is possible, would the residency requirements apply as he is under 18?

Any /all suggestions and advice would be much appreciated.

vinny
Moderator
Posts: 32965
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun May 13, 2012 3:05 am

If he was born in the UK, then he would be entitled to apply on MN1 (and, subsequently, apply for a British passport).

Else, he may apply for a child settlement visa.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

starxrose
Newly Registered
Posts: 12
Joined: Tue Jun 28, 2011 12:28 am

Post by starxrose » Sun May 13, 2012 3:25 am

He was born outside the UK, Vinny, so it appears that it's the VAF4 route.

Any ideas/ advice on the second question, as he will have spent time outside the UK which would take him beyond the usual residency rule ?
Many thanks for responding :)

vinny
Moderator
Posts: 32965
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun May 13, 2012 7:14 am

Children aged 13 or over are expected to stay in the UK for at least two years prior to applying for registration, with or after a parent's naturalisation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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