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Family Reunion

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ILR for son under 18

Post by bahriok » Sun Apr 02, 2017 12:06 pm

I am a Turkish National and I have ILR.
My son lives in Istanbul and he is under 18. How can I apply for ILR for him.

Note: I am totally new to this board. Please direct me so I am not breaking any rules and wasting peoples time.

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Re: ILR for son under 18

Post by CR001 » Sun Apr 02, 2017 12:09 pm

Topic moved to the Family immigration sub forum.

Where is the child's mother??

How old is the child?
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Re: ILR for son under 18

Post by vinny » Sun Apr 02, 2017 12:10 pm

Who is he living with?
Where is his other parent?
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Re: ILR for son under 18

Post by bahriok » Sun Apr 02, 2017 12:16 pm

CR001 wrote:Topic moved to the Family immigration sub forum.

Where is the child's mother??

How old is the child?
Child is leaving in Istanbul with mother. We are still married but my wife cannot leave Istanbul because she dependent mother & brother.

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Re: ILR for son under 18

Post by bahriok » Sun Apr 02, 2017 12:21 pm

vinny wrote:Who is he living with?
Where is his other parent?
They are leaving in Istanbul. My wife can not leave there because of a dependant mother. He is 14,5 years old
Thanks

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Re: ILR for son under 18

Post by CR001 » Sun Apr 02, 2017 12:22 pm

Unlikely the child will be granted a visa if the mother is not applying at the same time.
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Re: ILR for son under 18

Post by bahriok » Sun Apr 02, 2017 12:27 pm

CR001 wrote:Unlikely the child will be granted a visa if the mother is not applying at the same time.
After checking SET-F_11 form I thought this could be done..
My wife agrees with me and they live on my support

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Re: ILR for son under 18

Post by CR001 » Sun Apr 02, 2017 12:32 pm

Set F is only possible if the child is in the UK. You cannot apply for this from Turkey.

As a child who is a teenager, the child will be expected to have some residence before qualifying for ILR.

Makes no difference if mother agrees. The requirement from Home Office is that you MUST prove sole responsibility to bring a child if the other parent is not also applying. This is not possible if the child lives with his mother and you are married.
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Re: ILR for son under 18

Post by CR001 » Sun Apr 02, 2017 12:34 pm

See sole responsibility link below.

immigration-for-family-members/sole-res ... 13087.html
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Re: ILR for son under 18

Post by bahriok » Sun Apr 02, 2017 12:41 pm

CR001 wrote:Set F is only possible if the child is in the UK. You cannot apply for this from Turkey.

As a child who is a teenager, the child will be expected to have some residence before qualifying for ILR.

Makes no difference if mother agrees. The requirement from Home Office is that you MUST prove sole responsibility to bring a child if the other parent is not also applying. This is not possible if the child lives with his mother and you are married.
Wife has 10 years son has 5 years tourist visa I thought I could apply from when he is here using SET F. They come to Uk rather often. I travel a lot half of the year I am in with them in Istanbul.

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Re: ILR for son under 18

Post by CR001 » Sun Apr 02, 2017 12:50 pm

You still need to prove sole responsibility.
Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or
(d) one parent or a relative is present and settled in the United Kingdom 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) has or has had limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
(c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or
(d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or
(e) was last given limited leave to remain under paragraph 298A; and
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Re: ILR for son under 18

Post by bahriok » Sun Apr 02, 2017 1:00 pm

CR001 wrote:You still need to prove sole responsibility.
Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or
(d) one parent or a relative is present and settled in the United Kingdom 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) has or has had limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
(c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or
(d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or
(e) was last given limited leave to remain under paragraph 298A; and
What happens if we get a court decision saying that my wife is passing to me the sole responsibility of my child and agrees that child lives with me in UK.

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Re: ILR for son under 18

Post by bahriok » Sun Apr 02, 2017 1:03 pm

bahriok wrote:
CR001 wrote:You still need to prove sole responsibility.
Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom

298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or
(d) one parent or a relative is present and settled in the United Kingdom 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) has or has had limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 302 or Appendix FM; or
(c) was admitted into the UK in accordance with paragraph 319R and has completed a period of 2 years limited leave as the child of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the child of a former refugee or beneficiary of humanitarian protection who is now a British Citizen, or
(d) the applicant has limited leave to enter or remain in the United Kingdom in accordance with paragraph 319X, as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom and who is now present and settled here; or
(e) was last given limited leave to remain under paragraph 298A; and
What happens if we get a court decision saying that my wife is passing to me the sole responsibility of my child and agrees that child lives with me in UK.
By the way we got married in UK and child was born in Turkey 15 years after I got my ILR.

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Re: ILR for son under 18

Post by CR001 » Sun Apr 02, 2017 1:19 pm

bahriok wrote:
bahriok wrote:What happens if we get a court decision saying that my wife is passing to me the sole responsibility of my child and agrees that child lives with me in UK.
By the way we got married in UK and child was born in Turkey 15 years after I got my ILR.
It isn't as simple as that if you are still married. You cannot manipulate things to suit your needs. HO is not stupid.

The child being born in Turkey after you got ILR means nothing in terms of immigration rules. If child had been born in the UK, child would have been British automatically if you had ILR.
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Re: ILR for son under 18

Post by bahriok » Sun Apr 02, 2017 1:27 pm

CR001 wrote:
bahriok wrote:
bahriok wrote:What happens if we get a court decision saying that my wife is passing to me the sole responsibility of my child and agrees that child lives with me in UK.
By the way we got married in UK and child was born in Turkey 15 years after I got my ILR.
It isn't as simple as that if you are still married. You cannot manipulate things to suit your needs. HO is not stupid.

The child being born in Turkey after you got ILR means nothing in terms of immigration rules. If child had been born in the UK, child would have been British automatically if you had ILR.

IT IS VERY CLEAR. Mt mistake was I got married in UK but kid was born outside. As you pointed out our only option is apply as family union from Istanbul wife can come back to Istanbul and check mother once a month .

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Re: ILR for son under 18

Post by CR001 » Sun Apr 02, 2017 1:36 pm

If you apply for a settlement visa for both your son and wife, they will need to travel to the UK within 30 days of visa issue and collect the biometric residence permits. Your wife can then travel freely but should maintain the UK as her home.

She will need English A1 and you must meet the financial requirement of £22,400pa.
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Re: ILR for son under 18

Post by bahriok » Sun Apr 02, 2017 2:54 pm

bahriok wrote:
CR001 wrote:
bahriok wrote:
bahriok wrote:What happens if we get a court decision saying that my wife is passing to me the sole responsibility of my child and agrees that child lives with me in UK.
By the way we got married in UK and child was born in Turkey 15 years after I got my ILR.
It isn't as simple as that if you are still married. You cannot manipulate things to suit your needs. HO is not stupid.

The child being born in Turkey after you got ILR means nothing in terms of immigration rules. If child had been born in the UK, child would have been British automatically if you had ILR.

IT IS VERY CLEAR. Mt mistake was I got married in UK but kid was born outside. As you pointed out our only option is apply as family union from Istanbul wife can come back to Istanbul and check mother once a month .

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Family Reunion

Post by bahriok » Thu Feb 15, 2018 1:46 pm

Hi

Last year I got your advise about bringing my son to UK using (SET F) but I was told that it was impossible.
Today situation is change. My wifes mother died last month and I can apply for both of them.

My situation. I have ILR and back to UK.
Family: I married my wife in UK 15 years ago,
My son who is under 18 was born in UK
They both lived in Turkey and son is going to secondary school.

There are many SET forms I am really confused what to use.
Thanks already

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Re: Family Reunion

Post by CR001 » Thu Feb 15, 2018 3:36 pm

There are many SET forms I am really confused what to use.
You cannot use any of the SET forms for applications outside the UK and they cannot apply for ILR from Turkey.

You will have to apply for a spouse and child settlement visa (child might get ILE if UK born), using form VAF4A and you must meet the income requirements and wife will need English A1 test form an HO approved test provider. You will also need to prove adequate accommodation.

https://www.gov.uk/uk-family-visa/partner-spouse
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Re: Family Reunion

Post by bahriok » Thu Feb 15, 2018 4:04 pm

Thank a lot. Unfortunately we were married in Uk but son was born outside UK.
I do understand that mother & Son apply from Turkey using VF4A. Are they going to use the same application form or they will apply seperately?

I am not working currently working but we own 3 properties jointly with my wife. We live in one of them and get around 40K rent a year. I do not use any public funds and never claimed any benefit. I was working abroad till last year and I have a bank account abroad + plus an account in UK where rental money goes in it.

thanks

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Re: Family Reunion

Post by UKBALoveStory » Thu Feb 15, 2018 5:43 pm

bahriok wrote:
Thu Feb 15, 2018 4:04 pm
and get around 40K rent a year.
Can you prove this by HMRC documents?
I am not an immigration adviser...All IMHO.

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Re: Family Reunion

Post by bahriok » Fri Feb 16, 2018 8:10 am

Thanks

Yes I can we Ihave two contracts and money is paid into my bank account.,
I also have 80K savings account.

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Re: Family Reunion

Post by CR001 » Fri Feb 16, 2018 8:46 am

bahriok wrote:
Fri Feb 16, 2018 8:10 am
Thanks

Yes I can we Ihave two contracts and money is paid into my bank account.,
I also have 80K savings account.
Have you got evidence that your rental income was declared to the UK tax authorities and tax paid. That is what the user is asking.

How long have you held the savings?
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Re: Family Reunion

Post by bahriok » Sat Feb 17, 2018 1:18 pm

We have started getting rent from both properties since May 2017. This April it will all be declared to Tax authorities. My bnak account is around 30 years old. Balance is over 50K since June 2017. We are planning to apply this summer. Regards

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Re: Family Reunion

Post by Londoner007 » Sat Feb 17, 2018 11:33 pm

You say you have ILR, were you a naturalised british citizen before your child was born?
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