Does child need to qualify for financial req £18K if mum has ILE?

[JayBpool]

Does my ex-wifes son or her need to qualify for the £18k financial requirement if she has ILE (think this means what she gets after ILR? what does ILE mean?)

My ex is in UK has child born here and son in Thailand nearly 16, can he come to UK and not need to pass the £18 req as she has ILE so he can just apply for this visa in Bkk?

In purple below is what the appendix 2 Financial Requirement form says at the top of the family member settlement application form,

YOU SHOULD COMPLETE THIS FORM IF YOU WISH TO COME TO THE UK AS:

• The spouse or civil partner of someone settled in the UK; or

• The child of a parent who is applying for entry clearance as a partner or the child who is applying to join their parent who is already in the UK and has been granted limited leave as partner granted under the Immigration Rules in force on 09 July 2012; or

• The fiancé(e) or proposed civil partner of someone settled in the UK; or

• The unmarried or same sex partner of someone settled in the UK; or

• The Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner) of someone with limited leave to enter or remain in the UK as refugee or is the beneficiary of humanitarian protection; or

• The Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner or child) of someone with limited leave to enter or remain in the UK as a refugee or is the beneficiary of humanitarian protection. IF YOU ARE NOT COMING TO THE UK UNDER ONE OF THESE CATEGORIES, YOU ARE COMPLETING THE WRONG APPENDIX

https://www.gov.uk/government/publications/application-for-uk-visa-for-family-settlement-form-vaf4a

Also this pinned posted says (i have highlighted in red what i read as he/she would not need to compete or need to have the £18k req just show can accommodate etc)

Financial requirements.

The link above is to the requirement for partners, but the requirements are the same whichever category you are applying under. Note that additional finances are required if any children are applying; unless they are British citizens or qualify for ILE.

Funds for this can come from the income (earned and/or unearned) and/or savings of the applicant, the sponsor or both. Note, though, that any potential income the applicant may have once they are in the UK and working will not be taken into account at the initial visa stage, although any unearned income they may have, such as from investments or a pension, will be.

However if the sponsor has been living and working outside the UK and earning at least the minimum income (£18600 at 9/7/12 plus the extra for any children applying) for at least 6 months prior to the date of the application, e.g. in Thailand, and has a confirmed job offer in the UK starting no more than 3 months after they return to the UK; then income from this new employment in the UK will be taken into account.

Third party support, even short term, is no longer acceptable. Financial gifts from friends and family to enable the sponsor and/or applicant to meet the requirement are acceptable; provided they can show that the money is a gift not a loan and has been in their possession and under their complete control for at least 6 months prior to the application.

Note that you will need to show you meet these requirements at each application stage; the initial visa, the FLR after marriage if entering as a fiance, the extension after 30 months and ILR. For in UK applications the applicant's earnings, if any, will be taken into account.

Children who qualify for ILE, i.e. whose parent(s) is already living in the UK with ILR, are not subject to these financial requirements, but their parent(s) must be able to show that the child(ren) will be supported and accommodated in the UK without recourse to public funds.

http://www.thaivisa.com/forum/topic/524561-uk-settlement-visa-basics/

Any help on what she would need would be appreciated

[7by7]

ILR and ILE are essentially the same thing.

ILR is Indefinite Leave to Remain and is applied for and issued inside the UK.

ILE is Indefinite Leave to Enter and is applied for and issued outside the UK. This is what your step son will be issued if his application is successful.

Both allow the holder to live indefinitely in the UK; but they will lapse if the holder spends a continuous period of 2 or more years outside the UK.

If your wife still only had limited leave to remain in the UK then you would need to meet the financial requirement for her son; but as she has indefinite leave then you do not. However, you do need to show that he will be adequately maintained and accommodated without recourse to public funds.

See Maintenance and Accommodation.

You should also read Children SET 07, paying particular attention to SET7.8 What is sole responsibility?

I think you may have an uphill battle satisfying this. The longer parent and child have been separated, the harder this is to prove.

As your wife has ILR she must have applied for her initial visa before 9th July 2012 (anyone who applied on or after that date would not be eligible for ILR until July 2017 at the earliest). Therefore she and her son have been living apart for at least 3 years and some months.

She will need to adequately explain why he has not applied to join her before, and what has changed to make it necessary for him to now do so.

She will also need to show that

• she has made all the important decisions regarding his life,
• she or you are contributing towards the financial costs of caring for him,
• he has been in the care of members of her family,
• she has been in regular and frequent contact with his carers,
• his father and his father's family have had no involvement in his care or upbringing during her absence.

His age is also a factor, as he will need to show that he is not leading an independent life and is still dependent upon her. He's nearly 16; is he still at school? If not, what does he do? If he works, I don't see any application being successful.