ilr granted- son immigrating?

lilsillydragon · Post by **lilsillydragon** » Tue Feb 21, 2012 4:05 pm

hiya i had a question, i was wondering what abouts i would have to do, my ex had custody of our son whos 11, but now he wants to give me custody but i dont know what i would need to do in order for him to be able to live over here with us, i got granted ilr in august of last year, my husband is a british citizen and our son has duel citizenship, -and if this has any relevance he will be coming over from the US, much thanks for any help,, jennie

lilsillydragon · Post by **lilsillydragon** » Wed Feb 22, 2012 8:40 pm

ok i know now pretty much what i would need to do, his father would have to give me sole responsibility for our son and i would have to meet the criteria of not using public funds again, as well before my son came over apply for the vaf4a, would i need to apply first for the limited leave to remain visa for him, or just the vaf4a, and if i do have to apply for the limited leave to remain does anyone know abouts how long that would give us before we would have to apply for the vaf4a or would it be the standard 2 years like my spouse visa? any help would be very greatly appreciated,,

Post by **vinny** » Thu Feb 23, 2012 12:53 am

What dual citizenship does your son have? If your son is British, then he may just apply for a British passport.

Else, see also sole responsibility. If his visa is granted, then it should be in line with yours (ILE).

lilsillydragon · Post by **lilsillydragon** » Thu Feb 23, 2012 10:30 am

hiya thanks for the reply, my younger son with my husband is the one who has duel citizenship, and holds both a UK and US passport, but my son with my ex only holds US citizenship, ok so all we would need to apply is the ile and not worry about the other, are they the same thing? as well he has never travelled to the UK before and i just read that its for people who have already travelled to the UK or does that mean he could travel over here first and then apply? all this is just a bit confusing,,

thanks very much again for your post,,

Post by **vinny** » Thu Feb 23, 2012 10:38 am

Was your ex-husband British otherwise than by descent when your elder son was born?

lilsillydragon · Post by **lilsillydragon** » Thu Feb 23, 2012 11:08 am

we was never married, and he only holds US citizenship as well,,

Post by **vinny** » Thu Feb 23, 2012 11:30 am

It may be possible (section 5a) to travel first and then apply (299). However, I don't know which application form would be appropriate. Moreover, Visitors applying for ILR may be refused under 322(7) because of 41(i) & (ii), unless there was a change of circumstances.

lilsillydragon · Post by **lilsillydragon** » Thu Feb 23, 2012 11:43 am

vinny wrote:It may be possible (section 5a) to travel first and then apply (299). However, I don't know which application form would be appropriate.

it says in part of the article if he holds a valid entry clearance so would the visa wager then be implied, but then wouldnt that mean we lied about him coming over on that as he would then be applying for settlement once he was over here,,

Post by **vinny** » Thu Feb 23, 2012 11:50 am

Yes. I've just added:

Moreover, Visitors applying for ILR may be refused under 322(7) because of 41(i) & (ii), unless there was a change of circumstances.

So, it may be better applying for a child settlement visa.

lilsillydragon · Post by **lilsillydragon** » Thu Feb 23, 2012 12:20 pm

ok so i just found another page about the vaf4a and got a bit more confused it says u have to file it before coming to the uk, but im not forsure if its what i need since im not applying as well, and its just him so do you know if i would have to do the whole ile again for him then the set f form? sorry to be a pain its just really confusing,,

Post by **vinny** » Thu Feb 23, 2012 12:25 pm

vinny wrote:see also sole responsibility. If his visa is granted, then it should be in line with yours (ILE).

lilsillydragon · Post by **lilsillydragon** » Thu Feb 23, 2012 12:32 pm

vinny wrote:
vinny wrote:see also sole responsibility. If his visa is granted, then it should be in line with yours (ILE).

ok so does that mean, we apply for him for the ile and if hes accepted then we wouldnt need to apply for anything else as i have ilr so his ile would be indefinite as well?

Post by **Greenie** » Thu Feb 23, 2012 12:33 pm

lilsillydragon wrote:ok so i just found another page about the vaf4a and got a bit more confused it says u have to file it before coming to the uk, but im not forsure if its what i need since im not applying as well, and its just him so do you know if i would have to do the whole ile again for him then the set f form? sorry to be a pain its just really confusing,,

it is just one application, the VAF4A for him (not for you) that he needs to apply for from outside the UK. As vinny says he should be granted leave in line with your leave (indefinite leave to enter - which is the same as indefinite leave to remain but granted from outside the UK).

lilsillydragon · Post by **lilsillydragon** » Thu Feb 23, 2012 12:39 pm

ok thank you two very much, theres no way i would of been able to apply for my and his applications if it wasnt for this site and people like you guys,, thats a bit of weight of my shoulders now, atleast i now know what i need to do,, much thanks again,,

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ilr granted- son immigrating?

ilr granted- son immigrating?