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Settlement Visa for children abroad

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

JAMES2000
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Settlement Visa for children abroad

Post by JAMES2000 » Sun May 25, 2014 8:32 pm

I was granted a British citizenship about two months ago and now self employed.

I have two children in Africa from my ex girlfriend
Beside l have a daughter and a step son both under age living home here in the UK with my wife.

My wife is not working.

I am not really clear about the income requirements. Assuming I pay my rent and council tax myself and probably receive working tax credit, will this claim of WTC affect their applications?

Secondly how much will be sufficient enough to declare to the.tax office as income as l newly started my business and envisage applying next year after presenting my tax return.

Thanks in advance

sagareva
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Re: Settlement Visa for children abroad

Post by sagareva » Sun May 25, 2014 10:05 pm

i don't imagine your children can be granted settlement visas for the UK if their mother resides abroad with them and is not immigrating to the Uk at the same time

they won\t satisfy requirements of article 297

IMHO this is a no-go

you may attempt to apply for their discretionary registration as UK citizens but this is unlikely as they never resided in the UK

JAMES2000
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Re: Settlement Visa for children abroad

Post by JAMES2000 » Mon May 26, 2014 7:48 am

Thanks for your response, their mother abandoned them years ago due to religion differences,they have been living with my mum ever since.

Can someone please advise me with questions raised on my previous post.

Thanks.

Amber
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Re: Settlement Visa for children abroad

Post by Amber » Mon May 26, 2014 6:10 pm

You would need to show adequate maintenance (click).
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davisco12345
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Re: Settlement Visa for children abroad

Post by davisco12345 » Mon May 26, 2014 9:24 pm

you might also try to adopt them

Amber
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Re: Settlement Visa for children abroad

Post by Amber » Mon May 26, 2014 10:45 pm

Adopt your own children :shock:
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sagareva
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Re: Settlement Visa for children abroad

Post by sagareva » Mon May 26, 2014 10:47 pm

davisco12345 wrote:you might also try to adopt them

thankfully that won't be necessary, he is already the father

sagareva
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Re: Settlement Visa for children abroad

Post by sagareva » Mon May 26, 2014 10:54 pm

JAMES2000 wrote:Thanks for your response, their mother abandoned them years ago due to religion differences,they have been living with my mum ever since.

Can someone please advise me with questions raised on my previous post.

Thanks.

ah, the plot thickens

then you need to argue sole responsibility -- providing evidence of what you just said

their guidance on sole responsibility basically says that if it was YOUR side grandparent with whom children were living abroad, it is was still your responsibility so this is good

this can be realistic then, depending on ages of the children, how many years ago exactly has their mother abandoned them, etc etc. read up on sole responsibility. throw in some compelling circumstances to boot.

as for income, the formula is that you will need to show that you have at least as much income as a family of that size (including proposed new dependants and those already living with you) can get in public funds if you were all on benefits, total income less taxes and housing costs (and mind you that housing has to be adequate size for all these children, depending on ages and gender)

you can include your current benefits in the calculation of current total income, but there would have to be something else obviously as well, to meet the target number

so (current benefits + current income - housing costs and housing has to be adequate size - taxes paid on current income) has to be more than a magic number for a family of whatever size you will end up having (they have a published number for each family size, it's not awfully big and is generally more favourable then the new family income thresholds, which you do not have to meet)

JAMES2000
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URGENT ADVICE REQUIRED PLEASE

Post by JAMES2000 » Sun Apr 12, 2015 9:14 am

Hi, I am a British citizen by naturalization.

I am married to a British citizen with a 5 years old daughter.
Besides l had 2 kids from my ex girlfriend in my home country.She died 3 years ago .After her death, l moved my children to my mum house.

I applied for a tourist visa for my 2 minor children aged 15 and 17 years old,the visa was granted with a month visa.
We are currently in France

Though my mum has been sick for few months,sadly 3 days after our departure,my friend broke the news of her death.I am very devastated and highly confused.

I don't know what to do next with my children as my only sister is epileptic.

URGENT advice and help is needed please.

Thanks

vinny
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Re: Settlement Visa for children abroad

Post by vinny » Sun Apr 12, 2015 9:44 am

JAMES2000 wrote:Hi, I am a British citizen by naturalization.

I am married to a British citizen with a 5 years old daughter.
Besides l had 2 kids from my ex girlfriend in my home country.She died 3 years ago .After her death, l moved my children to my mum house.

I applied for a tourist visa for my 2 minor children aged 15 and 17 years old,the visa was granted with a month visa.
We are currently in France

Though my mum has been sick for few months,sadly 3 days after our departure,my friend broke the news of her death.I am very devastated and highly confused.

I don't know what to do next with my children as my only sister is epileptic.

URGENT advice and help is needed please.

Thanks

What are you doing in France? Are you considering the European route? Or are you just on holiday there?

If the children's mother is dead, then you don't have to demonstrate sole responsibility. Why didn't you mention this before? If they have UK visitors visas, then, under the UK Immigration route, they may switch from visitor to settlement (change in circumstances required) under 299, before the eldest reaches 18.
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.

JAMES2000
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Re: Settlement Visa for children abroad

Post by JAMES2000 » Sun Apr 12, 2015 11:10 am

Thanks for your response.
We are just on holiday to France and with the news of my mums death that has shattered my life, now l don't know where to keep them back home.

I don't know which route is appropriate as l lived and work intthe UK.

There visa will runs out in a week time.

Kind regards.

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Re: Settlement Visa for children abroad

Post by vinny » Sun Apr 12, 2015 11:22 am

I'm very sorry for your loss.

If they have multiple entry visas to the UK, then they may enter the UK before expiry of leave. Subsequently, apply for Settlement within the UK, under 299, before their leave expires.
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.

JAMES2000
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Re: Settlement Visa for children abroad

Post by JAMES2000 » Sun Apr 12, 2015 11:31 am

In addition to your response Vinny, I have no contact with her until recently when l had of her death and she never get in touch with her kids..

JAMES2000
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Re: Settlement Visa for children abroad

Post by JAMES2000 » Sun Apr 12, 2015 12:01 pm

They have only schengen visa which entering to the UK is not permitted. Sorry their visa expire in 17 days time.

vinny
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Re: Settlement Visa for children abroad

Post by vinny » Sun Apr 12, 2015 12:28 pm

Then they may apply for UK settlement visas from their country of residence. They should apply before the eldest reaches 18 years old. When will the eldest reach 18 years old? Do you have adequate accommodation for them, etc.?
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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Re: Settlement Visa for children abroad

Post by Casa » Sun Apr 12, 2015 1:01 pm

Mixed information. In one post you say the mother of your children died 3 years ago and your mother took over their care...in another you say the mother of your children abandoned them and you had no contact but have only just heard of her death.
This may not be relevant to the advice you're being given here, but it will certainly concern an Entry Clearance Officer if the facts aren't consistent. As you weren't married to their mother,is your name on any of the official documentation/birth certificate as the childrens' father?
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JAMES2000
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Re: Settlement Visa for children abroad

Post by JAMES2000 » Sun Apr 12, 2015 1:11 pm

Thanks , my son will be 18 next year, the issue is l don't know where to accommodate them and who their guardian would be.

Can someone tell me what right do l have under the EU directives for non EU Family member?

I am thinking of asylum opinion if this could help my situation.

Help please

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Re: Settlement Visa for children abroad

Post by Casa » Sun Apr 12, 2015 2:01 pm

From what you've written of the situation (even with the differing accounts) your teenage children won't qualify for asylum. You were given advice in this thread http://www.immigrationboards.com/eea-ro ... ml#p995837 posted over a year ago when you wrote that you had been granted British Citizenship a few weeks previously (not in 2015 as you now write) and you were looking to take the EU route. The advice remains the same, even if the story has changed.
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JAMES2000
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EEA ROUTE NEED MORE ADVICE PLS

Post by JAMES2000 » Sat May 09, 2015 9:52 am

Hi everyone,

Thanks for your previous advice which is helpful but still need more.
I have finally decided to exercise the EU treaty in France as a British citizen. I have an apartment of my own.

The issues are :
1, my children visa has.( will this not affect their application for a permit)
2, Getting a job in France is a problem as I don't understand the language. ( can I be working in UK and visit occasionally? )

Pls advise.

Thanks

JAMES2000
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Re: EEA ROUTE NEED MORE ADVICE PLS

Post by JAMES2000 » Sat May 09, 2015 10:08 am

Sorry, my children visit visa has runs out, will this not affect their application?

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Re: EEA ROUTE NEED MORE ADVICE PLS

Post by Casa » Sat May 09, 2015 10:20 am

The rules have toughened for the Surinder Singh route. You now have to show that you have 'moved the centre of your life' to the EU state. This means you have to show that you are settled and registered there with employment and accommodation. Simply having a flat in France, working in the UK and visiting occasionally won't qualify. You will also have to be resident and employed there for around 12 months.
You also mention that your childrens' UK visitor visa has expired. Did you intend to move your family to France, continue living and working in the UK, visiting them from time to time? If so, there's no way this would be possible for a Surinder Singh application and your family wouldn't have the right to live in France without you.
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JAMES2000
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Re: EEA ROUTE NEED MORE ADVICE PLS

Post by JAMES2000 » Sat May 09, 2015 12:09 pm

Thank you very much for your reply.

Basically l applied for visit visa to France for my children in my home country not to the UK, as my mum who they lived with is late l now decided to get a flat for them in France.

Does that means l need to fully move my residence to France before l can apply for a residence permit for them in Paris?

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Re: EEA ROUTE NEED MORE ADVICE PLS

Post by Casa » Sat May 09, 2015 1:01 pm

Yes. You will also have to be employed and remain there for at least 12 months. You also have a wife and child in the UK I believe.
Will they continue to live here or in France?
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JAMES2000
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Re: EEA ROUTE NEED MORE ADVICE PLS

Post by JAMES2000 » Sat May 09, 2015 1:34 pm

Yes l am married with a daughter in the UK but will not be moving with me for now.

Will there expired visa not affect the Application?

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Re: EEA ROUTE NEED MORE ADVICE PLS

Post by Casa » Sat May 09, 2015 1:54 pm

We've had so many versions of your situation that it's become difficult to advise you. You say 'I have an apartment of my own' but you also say you 'will get them a flat in France'. If your children are still in France on expired visitor visas and you are back in the UK, then they're there illegally as overstayers. If you're not currently living in France then your children can't remain there as they don't qualify on their own for resident permits.
If you plan to live in France but you don't speak the language, how will you find work to support yourself and your children and meet the conditions for Surinder Singh? Are you prepared to leave your wife and other child on their own in the UK for a year?
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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