Indefinite Leave To Enter (Child) To Uk!

[Agk]

Hello guys,

What a wonderful forum! Can you help clarify this scenario.

Child A is resident abroad and need to go and join the Parents(X & Y) who are in UK. X has indefinite leave to remain in UK while Y has visa that runs out next year.

I have looked at the new set of forms;

1) VA4A July 2012 which is personal details form

2) Appendices 1 to 5

In the main form, applicants are required to fill one other appendix. Is the applicant going to fill both Appendix 1 and 2?

In the guidance, it was required that appliacant ''who qualifies for indefinite leave to enter'' is exempted from financial requirement. Who are these sets of people? Please advise. Thanks

[coolhandjoe]

You will be best having bank statements for both x and y parents.

Someone i know who applied recently was told the parents of the child have to keep applying every 2 years for FLR untill the child is 18 and can take the Life in the UK test - Even if they both have ILR.

So in theory a child age 2 who comes to the UK will have to extend their visa 8 times then finally apply for ILR , a lot of money and a right pain.

This is 3rd hand info- doesn't make sense to me.

I would get more opinions on this subject though!

[Agk]

You will be best having bank statements for both x and y parents.

Someone i know who applied recently was told the parents of the child have to keep applying every 2 years for FLR untill the child is 18 and can take the Life in the UK test - Even if they both have ILR.

So in theory a child age 2 who comes to the UK will have to extend their visa 8 times then finally apply for ILR , a lot of money and a right pain.

This is 3rd hand info- doesn't make sense to me.

I would get more opinions on this subject though!

I see buttttt

[VisasPlus]

You need Appendix 1. That is the vaf4a1. This is because both parents obtained ILR and LLTR under the old rules, not the rules which came into force on 9th July 2012.

You can only submit one Appendix with an application.

[7by7]

Someone i know who applied recently was told the parents of the child have to keep applying every 2 years for FLR untill the child is 18 and can take the Life in the UK test - Even if they both have ILR.

So in theory a child age 2 who comes to the UK will have to extend their visa 8 times then finally apply for ILR , a lot of money and a right pain.

This is 3rd hand info- doesn't make sense to me.

I would get more opinions on this subject though!

It's wrong.

Children under 18 can apply for ILR and do not need to take the LitUK test.

Knowledge of language and life in the UK

Exemption because of your age

If you are under 18 years old or at least 65 years old, you are exempt from the KOL requirement. When you apply for settlement, you should send us your passport or birth certificate as evidence of your age.

[Agk]

You need Appendix 1. That is the vaf4a1. This is because both parents obtained ILR and LLTR under the old rules, not the rules which came into force on 9th July 2012.

You can only submit one Appendix with an application.

Thanks so much.

1) Does that mean we dont need to fulfill the new financial requirement at all?

2) There is an exception to the financial requirement which says '' Those that qualifies for indefinite live to enter ''. Who are these set of people? Cheers

[Agk]

Someone i know who applied recently was told the parents of the child have to keep applying every 2 years for FLR untill the child is 18 and can take the Life in the UK test - Even if they both have ILR.

So in theory a child age 2 who comes to the UK will have to extend their visa 8 times then finally apply for ILR , a lot of money and a right pain.

This is 3rd hand info- doesn't make sense to me.

I would get more opinions on this subject though!

It's wrong.

Children under 18 can apply for ILR and do not need to take the LitUK test.

Knowledge of language and life in the UK

Exemption because of your age

If you are under 18 years old or at least 65 years old, you are exempt from the KOL requirement. When you apply for settlement, you should send us your passport or birth certificate as evidence of your age.

I knew the advice he gave was wrong.

Thanks

[VisasPlus]

You need Appendix 1. That is the vaf4a1. This is because both parents obtained ILR and LLTR under the old rules, not the rules which came into force on 9th July 2012.

You can only submit one Appendix with an application.

Thanks so much.

1) Does that mean we dont need to fulfill the new financial requirement at all?

2) There is an exception to the financial requirement which says '' Those that qualifies for indefinite live to enter ''. Who are these set of people? Cheers

You need to meet the requirements of the old rules which are that you can maintain and accommodate the applicant in the UK. There are separate threads on maintenance and accommodation. You actually need to look at the immigration rules, paragraph 301, which states:

301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:

(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:

( a ) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or

( b ) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child's upbringing; or

( c ) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately without recourse to public funds, in accommodation which the parent or parents own or occupy exclusively; and

(iva) can, and will, be maintained adequately by the parent or parents without recourse to public funds; and

(ivb) does not qualify for limited leave to enter as a child of a parent or parents given limited leave to enter or remain as a refugee or beneficiary of humanitarian protection under paragraph 319R; and

(v) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

Edited July 17, 2012 by VisasPlus

[Agk]

@Visaplus

Thank you so so much for clarification.

I will read up the maintenance and accomodation threads as adviced.

1) What qualifies the application to be dealth with under the old rules?

2) One of the parent has ILR and the other has LLTR but will be applying for ILR in few days. We just want the application to be made now so that the applicant can come early for september school.

[7by7]

As one of the parents has ILR, this means they do not have to meet the new financial requirements.

They do, though, still need to show that the child can be supported and accommodated without recourse to public funds.

[Agk]

Thanks

[Agk]

You need Appendix 1. That is the vaf4a1. This is because both parents obtained ILR and LLTR under the old rules, not the rules which came into force on 9th July 2012.

You can only submit one Appendix with an application.

Thanks so much.

1) Does that mean we dont need to fulfill the new financial requirement at all?

2) There is an exception to the financial requirement which says '' Those that qualifies for indefinite live to enter ''. Who are these set of people? Cheers

You need to meet the requirements of the old rules which are that you can maintain and accommodate the applicant in the UK. There are separate threads on maintenance and accommodation. You actually need to look at the immigration rules, paragraph 301, which states:

301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:

(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:

( a ) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or

( b ) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child's upbringing; or

( c ) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately without recourse to public funds, in accommodation which the parent or parents own or occupy exclusively; and

(iva) can, and will, be maintained adequately by the parent or parents without recourse to public funds; and

(ivb) does not qualify for limited leave to enter as a child of a parent or parents given limited leave to enter or remain as a refugee or beneficiary of humanitarian protection under paragraph 319R; and

(v) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

Thanks so much Tony.

Maintenance and accomodation is a key issues here.

Combined income of £28,000 is what the parents earn(combination of full time and part time). Currently have 3 kids born in UK whose MN1(3) is under consideration.

1) Did the Applicant has to fill Part 1 of the Appendix 1? It stated that ''Do not complete this part if you are applying as the child of a settled parent(s) with limited leave. Does that mean my daughter is exempted?

2.13:How much of your sponsor's total monthly income is given to their family members and other dependants?

Hint: Here is there any standard amount allocated to british born child of 5 and 7 years? or dont they count in this?

Accomodation

We have been living in a 2 bedroom apartment. I have checked the housing act and we fulfill it. The tenancy agreement is signed 6 year ago and i have lost my copy. The landlord is playing up. I have done an independent accomodation report.

Is this ok?

Cheers

[VisasPlus]

You need Appendix 1. That is the vaf4a1. This is because both parents obtained ILR and LLTR under the old rules, not the rules which came into force on 9th July 2012.

You can only submit one Appendix with an application.

Thanks so much.

1) Does that mean we dont need to fulfill the new financial requirement at all?

2) There is an exception to the financial requirement which says '' Those that qualifies for indefinite live to enter ''. Who are these set of people? Cheers

You need to meet the requirements of the old rules which are that you can maintain and accommodate the applicant in the UK. There are separate threads on maintenance and accommodation. You actually need to look at the immigration rules, paragraph 301, which states:

301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:

(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:

( a ) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or

( b ) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child's upbringing; or

( c ) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately without recourse to public funds, in accommodation which the parent or parents own or occupy exclusively; and

(iva) can, and will, be maintained adequately by the parent or parents without recourse to public funds; and

(ivb) does not qualify for limited leave to enter as a child of a parent or parents given limited leave to enter or remain as a refugee or beneficiary of humanitarian protection under paragraph 319R; and

(v) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

Thanks so much Tony.

Maintenance and accomodation is a key issues here.

Combined income of £28,000 is what the parents earn(combination of full time and part time). Currently have 3 kids born in UK whose MN1(3) is under consideration.

1) Did the Applicant has to fill Part 1 of the Appendix 1? It stated that ''Do not complete this part if you are applying as the child of a settled parent(s) with limited leave. Does that mean my daughter is exempted?

2.13:How much of your sponsor's total monthly income is given to their family members and other dependants?

Hint: Here is there any standard amount allocated to british born child of 5 and 7 years? or dont they count in this?

Accomodation

We have been living in a 2 bedroom apartment. I have checked the housing act and we fulfill it. The tenancy agreement is signed 6 year ago and i have lost my copy. The landlord is playing up. I have done an independent accomodation report.

Is this ok?

Cheers

You do not have to complete Section 1 of the Appendix. That refers to adult dependent relatives.

You will still have to show that you can maintain the applicant financially, and in addition to completing the Appendix you should provide evidence of income, expenditure, savings ( bank statements ), etc. There is no standard amount "allocated" to each child.

Regarding accommodation, I am confused. You have 3 children in the UK ? Plus the applicant ? So there will be 6 of you in a 2 bed apartment ? What ages are the children ?

See this guidance from UKBA on accommodation ( Section MAA14) :

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/maa/#header6

I think you might have a problem there.

In addition, you, or the other parent, will have to fulfill the requirements for "sole responsibility ". These requirements can be difficult to fulfill, and may depend on how long the child applicant has been in Thailand without his parent(s), who he now lives with, etc. You will find threads in the forum on sole responsibility.

Edited July 19, 2012 by VisasPlus

[Agk]

Thanks

The ages of the children are 5,5 and 7. Person under the age of 10 are considered to be half a person. 2 Girls and 1 boy. Remember 2 bedroom plus 1 Living room making 3.

The child have been away for 9 years but we do visits her.

Currently live with aged grandfather

[KennethReed]

Hi AGK

Yes am in a very similar position, we have a 2 bedroom semi, our U.K. kids are 3 and 1, and our child in Namibia is 9, I own the property via mortgage and can supply a copy of the title deeds as well as mortgage statements, so we appear fine with the accommodation, having said that I'm still getting an independent property inspection done by a company called JPS Immigration at a cost of £160, as our local council don't appear to offer this service

They do it on-line, which leads me to believe it could almost be done by myself if I had the knowledge, my assumption is that this is a genuine company etc, if anyone knows any different, or has direct knowledge of a reputable company (I'm not saying JPS is not reputable, I don't know) it would be nice to know

In terms of why we didn't bring the child over earlier, (we have been married 5 years), we are stating that we are in a stronger financial position than before, our relationship having lasted is obviously genuine, and we have settled into the local community so we are in a position to bring the child into a stable environment, wether or not these reasons will have enough credence with the UK Border Agency, i don't know, but they are all genuine, I'm trying to think of more that will be acceptable

In terms of sole responsibillity, hmmm the difficult one, we have phone, email, Skype evidences of contact going back a number of years, evidence of monies sent over etc, evidence of our visits family photo's, that sort of thing, we also have letters from Doctors, and Teachers in Namibia stating contact with my wife where my wife played a direct role in decision making for the child, as well as letters from my wifes family, I can't see much more I can give them, wether it will be enough or not, who knows

personally I rate my chances at less than 50%, and that's even before we take into account issues with the childs father, but as I understand it, in terms of the application we need to show sole responsibilty, not sole custody,

good luck, let me know of any things that you think might be helpful, and I will do the samea

[Agk]

Hi Folks, i have been looking at adequacy of maintenance. There is a guidance by UKBA. Having 3 kids born in UK. Will they be considerd in the calculation? (2) In the income of the sponsors, did they normally consider the gross income or net income? Cheers

[7by7]

As far as I can make out, sponsor's only need to show they meet the income requirement for the children they are sponsoring. I can find no reference to what happens if the sponsor already has children living with, or dependent upon, him in the UK!

Which, if so, makes the whole thing even more of a farce!

The income level is gross

[Agk]

Thanks my friend.

1) Tony has advised that the new financial requirement is NOT applicable to us because the parent got ILR way before 9th of july but there was this home office document which stated what each child will need a certain amount per week.

2) Years ago, UKBA used to claim that children born in UK is not subjected to maintenance requirement.

Edited July 23, 2012 by 7by7
Unnecessary full quote of preceding post removed.

[7by7]

Indeed, the new requirement wont apply to your child as you already have ILR.

You will, though, need to show that you can support and accommodate the child without recourse to public funds (the old rules) and in assessing this the ECO will not only consider both your incomes but your outgoings as well; including the costs of caring for the three children already living with you.

You may be one of the few people who would be better off being considered under the new rules rather than the old!

[Agk]

What are living cost?

[7by7]

Rent/mortgage, council tax, electric, gas, food, clothes, transport etc.

You should provide in the application not just evidence of your income(s), e.g. pay slips, but also your overall finances. e.g. bank statements.

At least for the last three months, preferably six.

[Agk]

Rent/mortgage, council tax, electric, gas, food, clothes, transport etc.

You should provide in the application not just evidence of your income(s), e.g. pay slips, but also your overall finances. e.g. bank statements.

At least for the last three months, preferably six.

I did provide wage slips, p60 and bank statements

But there was a question in that regard

[7by7]

How did you answer it?