Parents - British Passports (through Ancestory) - Children

[Canon1234]

Hello

I am needing some assistance in relation to what is required for my children to stay for a period of 15-18 months in the UK - they will be required to attend school etc during this period.

My wife and I are both born in Australia and have UK Passports (British Citizen in passport) as both of our fathers are born in the UK. Our children are born in Australia and we have no idea what visa would be valid for them. Our intention is to return to Australia in early 2018 however this is only our intention.

Note: neither my wife or I have lived more than 2 consecutive years in the UK but have both been here on quite a few occasions for periods of 2 years or less.

Thanks for any assistance

C

[CR001]

Child settlement visas on VAF4A.

You require 3 years residence in the UK for them to apply to register as British.

[Canon1234]

Thanks for the assistance.

Therefore can my wife or I be the sponsor for our children? I am only asking as we have passports through ancestory only. My wife commences a 1-year contract next week with the NHS.

Kind regards
C

[CR001]

Yes, a child settlement visa require a parent who is either British (in whichever way) or holds ILR.

[Casa]

Is the intention for your wife to go to the UK ahead of you and the children? How much will she be earning annually?

[Canon1234]

My wife arrived in the UK 1 week ago in the UK to commence work next week. The children and I wish to join her as soon as possible. We are travelling to the UK as this will progress my wife's professional career and an opportunity to see family and travel.
Which appendix would you recommend for VAF4A - i.e. is appendix 1 most likely?
Thanks again
C

[Casa]

VAF4A - Appendix 1

[Canon1234]

OK I have read through some of the details and have another query;

We would use the "The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before 9 July 2012."

What constitutes a settled person in the UK? my wife has been in the UK for 4 days and will commence work in a week - and is yet to apply for a national insurance number.

Thanks
C

[CR001]

You don't qualify to apply for the children under the rules in place before July 2012. What you have quoted refers to applications submitted before this date not a parent settled.

A british citizen is considered settled.

[Casa]

As the sponsor, your wife will need to show an annual income of £22,400 for 6 months before submitting the children's application, unless you have substantial savings held in an accessible account for 6 months. She will have to submit 6 months payslips + 6 months corresponding bank statements.

In addition to the visa fees of £1195 x 2, you will have to pay the NHS surcharge of £600 x 2 as Australian nationals are no longer exempt. However, if you're fortunate and your children are issued with ILE you may be able to request a refund of the surcharge.

[Canon1234]

So is there any way my children can come to the UK sooner and attend schooling? or is this just not possible.
We only intend on being here for 12-15 months. My wife and I to work with our rights through our British Passports.

[CR001]

Schools go back next week for the new school year so too late for that as to get into the school can take a bit of time, depending on how quickly the council works on the applications.

It would probably have been easier if you all travelled together once they kids had visas rather than mom going first alone. As an aside, how old are the children?

They only have the option of child settlement visas, there is no other visa that they can live, school and use NHS on.

[Casa]

They wouldn't be permitted to enter as genuine visitors and without the correct visa they wouldn't be permitted to enrol for schooling.

Beaten by Miss Speedy Fingers, CR001

[Obie]

Due to the fact that both parents are settled, it follows that Paragraph 297 is applicable as opposed to Appendix FM, and therefore it may not be necessary for the financial requirements in Appendix FM to be met.

The children will qualify for ILE, and NHS surcharge will not need to be paid.

[Canon1234]

My children are 3yo and 4yo. I would like them to be in the UK by the start of October and my 4yo in school. I have already informed the local council.
Is this possible to get a visa and my children to the UK in school that quick? then if I wanted to apply for the VAF4A then my children would need to leave the UK and re-apply.

[Canon1234]

Can I be considered settled if I am not living in the UK at the moment? I do have a UK passport.