Want to bring my wife's children to the UK, now she has ILR

[aircliffy]

As my title says,

And sorry if this has already been asked, but can not find a recent post, so thought i would ask as the law changes so regularly. Also many thanks in advance.

Okay we want to bring the wife's children to the UK, they are under the age of 18.

I have been on the UK Gov site but there are so many variations. As i am reading some guidance and then there is a link here and a link there and is becoming so confusing. I am now not sure what is correct and what is not. So was hoping someone could point us in the right direction.

My wife got ILR on the old rules not covered by the new financial ones.

The boys live with her Mum & Dad and we send money every month for their up keep. So i believe this is ok for the sole responsibility.

Whilst on the Gov site i could only see the application form and guidance for applying from within the UK.

So once again to all for any help you can give to me on this.

Many thanks Clive & Air.

[7by7]

They apply online; one application and one fee each; though you can use the same supporting documents for all.

As your wife, their mother, has ILR then if successful they will be issued with ILE, which is the same as ILR except it's applied for and issued outside the UK, not in (R =Remain, E = Enter).

As they will be applying for ILE, you do not need to meet the financial requirement; but you do need to show that they will be adequately supported and accommodated without recourse to public funds.

They will not need to take an English test, but if over 11 will need TB certificates.

You may find the 'Children' part of UK settlement visa basics helpful.

Remember, the longer the period of separation, the harder it is to show your wife has been exercising sole responsibility.

I would strongly recommend that you include in your sponsor's letter an explanation of why they did not come to the UK with their mother, and what has changed since then to make it desirable that they come now.

Edited April 1, 2014 by 7by7

[bobrussell]

Many of these applications succeed or fail on sole responsibility. Read the link in 7by7's post with great care.

Sole responsibility is a heck of a lot more than just paying for the children's upkeep. If you look at another post: http://www.thaivisa.com/forum/topic/714596-if-appeal-visa-refuse-to-grant-a-visa-what-should-i-do-next/ you will see how easily these applications become extremely problematic!

The general rule seems to be the longer the period of separation the more difficult it is to get a visa. These applications are not for the feint-hearted and are some of the few that I would advise specialist help from the start!

[aircliffy]

Thanks to everybody for your help.

Its been two and a half years since my wife left them but we have been back to see them and also my wife will be going back to see them again next month. They stay in touch very very regular via skype and when she divorced she had sole legal rights to the children in writing.

They stay with there nan on my wife's side which is a must as i read it.

Our reason for not bringing them to start with was we wanted her to be settled over here with ILR, not for her to be refused and the kids up rooted again.

We have already lost our eldest child last November in a hit and run which devastated us. So i am hoping the UK government are not even that heartless.

Once again many thanks peeps.

Clive & Air.

[RAZZELL]

Thanks to everybody for your help.

Its been two and a half years since my wife left them but we have been back to see them and also my wife will be going back to see them again next month. They stay in touch very very regular via skype and when she divorced she had sole legal rights to the children in writing.

They stay with there nan on my wife's side which is a must as i read it.

Our reason for not bringing them to start with was we wanted her to be settled over here with ILR, not for her to be refused and the kids up rooted again.

We have already lost our eldest child last November in a hit and run which devastated us. So i am hoping the UK government are not even that heartless.

Once again many thanks peeps.

Clive & Air.

Get professional advice.

RAZZ