How to get my 2 yrs old son to settle in uk while he's here

[ronnng]

Hi all, need some advise please. My husband is in uk on ILR and I’m on spouse visa. We are trying to bring our two years old son to settle in UK whom is currently in UK on visitor Visa for 6 months. We know the normal procedure would be for our son to return to his home country to apply entry clearance there. But, is there any other way we could do this here instead of sending him home. I’ve spoke to home office and was advised we could ‘maybe’ try on Set F form to apply for his settlement? Anyone has similar experience ? please help !!

[vinny]

See also Annex M - General guidance part 1 & part 2 - guidance on interpretation of the rules (children).

[Rozen]

Hi all, need some advise please. My husband is in uk on ILR and I’m on spouse visa. We are trying to bring our two years old son to settle in UK whom is currently in UK on visitor Visa for 6 months. We know the normal procedure would be for our son to return to his home country to apply entry clearance there. But, is there any other way we could do this here instead of sending him home. I’ve spoke to home office and was advised we could ‘maybe’ try on Set F form to apply for his settlement? Anyone has similar experience ? please help !!

I take it that this is a biological child of both of you? If not, and he has a biological parent in another country, it won't be so easy, as 'sole responsibility' will come into play! I won't bother going into that, as this may not be the case.

[ronnng]

yes, he is our biological son. Is there anything we could do to apply for his settlement while he is here in uk?

[vinny]

However, where a child was admitted in a temporary capacity, other than under Paragraph 302, and was 18 at the time the application was made for settlement (or further leave to remain with a view to settlement), the application may be refused on those grounds under Paragraph 303 of HC 395.

If you are on a spouse visa and not ILE, then it may be more appropriate for your son to apply for FLR(O), rather than SET(F), subject to 303.

However, why didn't your son apply for a child settlement visa?

Moreover, ask yourself the question, "Had the visa officer known when your son applied for his visit visa that it was in your minds for him to settle in the UK, would the visit visa have been granted?" If the answer is no, then you have a case of failure to disclose a material fact.

You should get further advice.