Tuberculosis test exemption

[phongvis]

Dear experts,

My wife and I received ILR last month. We had a son born in the UK in July 2018. He came back to Vietnam, our home country, in June 2020 without applying for a UK visa before he left. We now would like to apply a visa for him to join us.

1. The first question is what kind of visa we should apply for. Reading some posts here, I believe that it's https://www.gov.uk/uk-family-visa/child. I need to fill the application form and appendix 1. Please anyone could confirm it for me?

2. When filling the form, I noticed that he needs to do a Tuberculosis test. But there is one exemption that I think it might fit him and would like your advice:

you’re a returning UK resident and have not been away for more than 2 years

My son was born in the UK and I consider UK as his country of residence. He only visited Vietnam. However, due to COVID international flight restriction in Vietnam, the short 'visit' has become a year and a half now. Can he be considered as 'returning UK resident'? Or that term has a particular definition?

I really look forward for your help.

Many thanks in advance.

Phong

[vinny]

That term has a particular definition. A ‘returning resident’ is subject to paragraphs 18-20. If your child doesn’t have ILR, then he is not a returning resident.

Alternatively, he is also entitled to register from Vietnam and subsequently may apply for a British passport. Then no TB test required.

[phongvis]

Hi vinny,

Many thanks for your answer. I'm aware of the citizenship registration + British passport route but am afraid that the two applications would take too long (I read in this forum that the oversea passport could take 6 months). I would like to bring my son back to the UK after this Christmas.

Also, while filling the application, at the final step in selecting the right appendix, I'm confused and would like you to shed some light. I insert the image below, hope it can be visible.

- Non-British child of a parent (granted permission to be in the UK before 9 July 2012): appendix 1
- Non-British child of a parent (granted or currently applying for permission to be in the UK on or after 9 July 2012): appendix 2 - financial requirements

I have ILR just granted last month so should select appendix 2. But Appendix 2 reads very irrelevant. Also, at the beginning of the application, it asks me to fill in appendix 1.

[vinny]

Appendix 1 is correct.

[phongvis]

Dear Vinny,

Thank you for your confirmation.

Could you please help me with another question? I proceed to make a payment for the IHS. I read that I need to pay and can request a refund later.

Are you applying to join or remain with a person already in the UK?
+ Add this person's details
You don't need to add this person's details if they are a UK or EEA citizen.

I'm not a UK citizen yet, so I click to add my details. The next form asks for an expiry date but I have ILR. I don't see any option to indicate that.

I look forward to your reply.

Many thanks.

[vinny]

What options do they have?

[phongvis]

There is a single question

Are you applying to join or remain with a person already in the UK?

and a button to add this person's details. There is a note

You don't need to add this person's details if they are a UK or EEA citizen.

I'm ILR, so I click to add my details but the next form asks for an expiry date which is not applicable. There is no option to indicate that I'm ILR as well.

I assume if I'm a settled person, I don't need to add details. At the end I didn't add anything and it took me to a form with $0 payment as the IHS was exempted. Do you think what I did is correct?

I check at the calculation tool https://www.immigration-health-surcharg ... er/Joining, in the dropdown to select "What is their visa route?", there is also no ILR option.

[vinny]

I check at the calculation tool https://www.immigration-health-surcharg ... er/Joining, in the dropdown to select "What is their visa route?", there is also no ILR option.

There are also no option for child of British or settled parents.

Perhaps you should send a feedback, highlighting the obmission?