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Child living outside uk, ILR required?

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qaws_14
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Child living outside uk, ILR required?

Post by qaws_14 » Mon Dec 24, 2012 3:23 am

Dear All,

I apologise if I am repeating my issues.

Me, my wife and daughter who was born here in uk have ILR. We will soon be applying for british passport after registration.

The issue here is regarding my son whoc is outside uk. He had a valid dependant visa which has expired and he did not come to uk for more than 5 years.

What do you think I should do to bring him here.
Do I need to apply for his ILR from overseas. I understand that I need o show finance and accomodation from various threads.
But I found that I need to show only accomodation and not finance.
Please see the third last para here
http://www.ukba.homeoffice.gov.uk/visas ... /children/

It says " In all other cases....."

Does that apply to me?

Secondly if we apply for the british passpot and once we get it and after that if apply for my sons passport from overseas, do i need to meet financial requirements.

My finance is not good. I will start working part time from new year and get 14k per annum.

Is that enough for bringing my son here.
How many payslips are required.

I am trying to get more jobs . Should I get self employes, will it help.

Am lot scared and confused about my sons future.
please help

qaws_14
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Posts: 95
Joined: Thu Nov 03, 2011 6:06 pm

Post by qaws_14 » Mon Dec 24, 2012 3:29 am

I have never claimed any benefits whatsoever

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CR001
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Post by CR001 » Mon Dec 24, 2012 3:21 pm

You cannot apply for ILR from outside the UK.
Where was your son born?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

qaws_14
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Joined: Thu Nov 03, 2011 6:06 pm

Post by qaws_14 » Wed Dec 26, 2012 8:03 pm

Thankyou very much for reply.

My son was born outside UK

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CR001
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Post by CR001 » Wed Dec 26, 2012 10:13 pm

You will need to apply for a visa, UKBA link below :

http://www.ukba.homeoffice.gov.uk/visas ... /children/
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

qaws_14
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Posts: 95
Joined: Thu Nov 03, 2011 6:06 pm

Post by qaws_14 » Thu Dec 27, 2012 3:54 pm

Thankyou CR001.

So we are back to sqaure one ie my original post. The link which you are pointing at is the link I am talking about in my original question. Please let me know the answers of the same.

To repeat I want to know that does financial requirement apply to me in this case for my son. Refer to third last para there where is says "In all other cases ..."

If I have to provide financial documents then should they be for one month or three months or six months....

If I can provide the documents for shortfall in my earnings by becoming self employed and do some work on part time basis from home, office, market etc then do I have to work for whole one year or if I get some money in few months ( 3 - 4) and provide documents of those. Will that be OK.

Please guide.

qaws_14
Junior Member
Posts: 95
Joined: Thu Nov 03, 2011 6:06 pm

Post by qaws_14 » Fri Dec 28, 2012 9:10 pm

Dear All,

I apologise if I am repeating my issues.

Me, my wife and daughter who was born here in uk have ILR. We will soon be applying for british passport after registration.

The issue here is regarding my son whoc is outside uk. He had a valid dependant visa which has expired and he did not come to uk for more than 5 years.

What do you think I should do to bring him here.
Do I need to apply for his ILR from overseas. I understand that I need o show finance and accomodation from various threads.
But I found that I need to show only accomodation and not finance.
Please see the third last para here
http://www.ukba.homeoffice.gov.uk/visas ... /children/

It says " In all other cases....."

Does that apply to me?

Secondly if we apply for the british passpot and once we get it and after that if apply for my sons passport from overseas, do i need to meet financial requirements.

My finance is not good. I will start working part time from new year and get 14k per annum.

Is that enough for bringing my son here.
How many payslips are required.

I am trying to get more jobs . Should I get self employes, will it help.

Am lot scared and confused about my sons future.
please help

And finally I asked the following
Thankyou CR001.

So we are back to sqaure one ie my original post. The link which you are pointing at is the link I am talking about in my original question. Please let me know the answers of the same.

To repeat I want to know that does financial requirement apply to me in this case for my son. Refer to third last para there where is says "In all other cases ..."

If I have to provide financial documents then should they be for one month or three months or six months....

If I can provide the documents for shortfall in my earnings by becoming self employed and do some work on part time basis from home, office, market etc then do I have to work for whole one year or if I get some money in few months ( 3 - 4) and provide documents of those. Will that be OK.

Please guide.

qaws_14
Junior Member
Posts: 95
Joined: Thu Nov 03, 2011 6:06 pm

Post by qaws_14 » Fri Dec 28, 2012 10:21 pm

As we (me + wife + daughter born in uk) have ILR, don't you think this applyies

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

In there read paragraph 2 on page 32 whichI quote "A child joining parents who both have settled status in the UK will not be subject to the financial requirement (income threshold) and will continue to get settlement on arrival (indefinite leave to enter)."

So it means I am not required to meet the financial requirements to sponsor and bring my son here who was born in India.

Am I right here..

Thankyou

qaws_14
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Posts: 95
Joined: Thu Nov 03, 2011 6:06 pm

Post by qaws_14 » Sat Dec 29, 2012 10:24 pm

someone help please

qaws_14
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Posts: 95
Joined: Thu Nov 03, 2011 6:06 pm

Post by qaws_14 » Sun Dec 30, 2012 4:45 pm

Hello...anybody there....please help.....

Thankyou

Cf_firefly
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Post by Cf_firefly » Mon Dec 31, 2012 11:30 am

Hi Qaws_14 ,

My case is similar to yours except both me and my wife have got ILR . I have been following this forum for quite some time and so far , below is what I noticed where there is a bit confusion or lack of info :

1. Along with Paragraph 2 on page 32 from the Statement of Intent Doc http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf , I see a similar explanation on “ Children of British citizens and settled persons " page http://www.ukba.homeoffice.gov.uk/visas ... /children/ see third last para from bottom .

2. In statement of Intent doc http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf On Page 58 , under the category “ Children (Child of a settled person (parent, parents or relative)) “ , there are NO new financial requirements ( see third column ) and the immigration rule ( Column 4 ) says “ Was and remains 297. Appendix FM does not apply. Application can still be made under existing rules “ . From this , it infers that the new financial requirement of “18600 + ” is not required and Application can be made under existing rules pre 9th July 2012 . So , need to find what were the existing requirements ( All including financial , accommodation etc… ) . I have gone through Immigration rule 297 http://www.ukba.homeoffice.gov.uk/polic ... /children/ to see if I can find any more useful info about financial requirements . Point 7 under this rule says “can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; “ .

From the above , I can infer the financial requirements were as per pre 9th July 2012 . Do you or someone needs to let us know what is threshold of income we need to meet as per rules pre 9th July 2012 ?


3. Based on my point 2 above we need to fill Appendix 1 form along with main application VAF4A because in Appendix 2 form the section 3 is about the new financial requirements . I am still waiting on people who applied recently or in past to confirm which appendix to fill under “ Children of British citizens and settled persons outside UK “ ?

4. Some people have added comments about submitting or not submitting “ Sponsorship undertaking form ( SU07 ) “ . Not sure if this is need for child application ?

5. Employment Letter - Some people have added comments about word “ Gross “ being compulsorily to be added next to the salary figure in employer letter . UKBA Rules say below :

Letter from employer stating Current Salary in gross , Job description and Job type , should cover below :
(i)the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

6. Employment Contract - There were comments about visa rejection reg the non-submission of employment contract . Having read the rules , what I infer is , the employment contract is required when sponsor was paid by employer under the sickness pay or Maternity/Paternity Pay which sponsor is showing under last 6 or 12 months earnings . Not sure if employment contract copy or original required ?

If the sponsor had claimed Maternity/Paternity Pay , then they need to get the below Letter from HR as per UKBA :

Letter from HR for Paternity/Maternity leave confirming ( If you are paid Paternity/Maternity leave in last one year leading to application date )
(i) the length of the person's employment;
(ii) the gross annual salary and the period over which it has been paid at this level;
(iii) the entitlement to maternity, paternity or adoption leave; and
(iv) the date of commencement and the end-date of the maternity, paternity or adoption leave.


Thanks
Firefly

qaws_14
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Post by qaws_14 » Tue Jan 01, 2013 4:39 am

Well said Firefly..


But the question remains unanswered. All this information is what I have come across, read and finally got confused because it is contradictory.


But I think we do not need to meet financial requirements, only we need to meet is accomodation requirements.


But I am waiting for the seniors to answer with concrete evidences and real examples.

I have been in touch with few immigration experts and they seem to be unsure about it and it does add to the misery.

Seems it is new type of case which is evident here as well as about no one is answering this question.

Thankyou Firefly for reply

qaws_14
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Post by qaws_14 » Fri Jan 04, 2013 4:13 am

hello...

asim72
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Post by asim72 » Fri Jan 04, 2013 4:23 pm

It appears that financial requirements won't apply in your case, assuming child is under 18 years.

Please read section 1.1 carefully in this document. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

qaws_14
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Post by qaws_14 » Sun Jan 06, 2013 3:43 am

thankyou asim72

I have read that and the same makes me bit suspicious that is it true or too good to be true.
I am looking for some concrete evidence, examples to get to the reality and practice

thankyou for the reply

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Post by Greenie » Sun Jan 06, 2013 6:28 am

You don't need to meet the new financial requirement but you do need to meet the rules as set out in para 297 which continue to apply post 9 July 2012. (ie adequate accommodation and maintenance). In practice if all of the other requirements are met (including adequate.accommodation) they would not normally refuse an application for a child in these circumstances on maintenance grounds alone.

asim72
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Post by asim72 » Sun Jan 06, 2013 11:45 am

I have posted the link to a UKBA document which says that you do not need to meet the requirement.

For even more concrete information, go and see your barber. :)

qaws_14
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Post by qaws_14 » Thu Jan 10, 2013 11:20 pm

Oh, is that the place you go to?

You are one rude person on this forum.

I am angry at this comment you have made.

If you do not want to reply then it is OK but this type of comment is not at all welcome and you should think twice before posting.

Moderators please take appropriate action against asim72

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