Under 18 Children settlement

[Vijay Patel]

I came in the UK in 2008 on student visa, I got Tier 1 General on March 2011 until March 2014.

I have applied for my wife and children's for Tier 1 dependent and brought them to the UK as a dependent of Tier 1 ( General ).

After staying with me 6 weeks my both children's ( Under 18 years ) leave the UK and continue their study in India.

I have applied for Tier 1 ( General ) extension with my wife and got visa until April 2016 but did not applied for my children who studying in India and their previous visa has been expired.

Recently in Feb 2016 applied for ILR with my wife and we both got ILR now.

We are planning to bring our children ( Under 18 ) to the UK permanently and I have following questions:

1) For what visa I can apply for them?

2) Are they eligible to apply for ILR ? If not when they can applied for ILR.

3) If they are qualified to apply for ILR from India what form shall I fill to apply?

4) When will they are qualified for Naturalisation

[CR001]

How old are the children??

1. Child settlement visa - VAF4A

2. No, probably not. Maybe ILE.

3. You cannot apply for ILR from abroad. It can only be applied for in the UK.

4. Depends how old they are. They need ILR first and will only qualify for citizenship (registration if under 18) when you do. Depending on their age, they will require a period of residence first.

[vinny]

Child settlement visas.

[Vijay Patel]

How old are the children?? they both are under 14 years

1. Child settlement visa - VAF4A

2. No, probably not. Maybe ILE.

3. You cannot apply for ILR from abroad. It can only be applied for in the UK.

4. Depends how old they are. They need ILR first and will only qualify for citizenship (registration if under 18) when you do. Depending on their age, they will require a period of residence first.

[CR001]

What are the exact ages of each child??

[Vijay Patel]

What are the exact ages of each child??

Daughter is 12 year old and Son is 10 year old

[CR001]

They would likely require at least a 2 residence period and ILR/ILE before they will qualify for citizenship. They will also have to pass the good character requirement as they are over 10 years of age.

[vinny]

That's likely, as they also cannot register before a parent naturalise.

[CR001]

That's likely, as they also cannot register before a parent naturalise.

Yes, I did advise of that already in point 4 of my original response. Would have been so much simpler had the children stayed in the UK and got extensions and ILR with the parents.

[Vijay Patel]

Hi,

Thanks for your reply and it is very helpful, need assistance in following

- They need to complete VAF4A that means they will come in the UK as child dependent of settled person

- After coming the UK when they can applied for ILR ( When they will qualified for ILR ) and which application form need to complete ? Any residential period need to consider?

- When they will qualified for Naturalisation ? Any residential period need to consider?

- If I will become British Citizen next year Feb 2017 , is above process will affected?


Thanks in advance for your assistance and wait for your reply.

[vinny]

If they are granted ILE, then there would be no need to apply for ILR. They should be granted ILE when both parents have ILR.

They will require at least 2 years residence if age 13 or over.

[Vijay Patel]

Hi Vinny and all,

Your explanation has cleared all doubts and I would say it's great help!

Appreciated!