settlement visa for a uk born child

wenner · Post by **wenner** » Mon Oct 15, 2012 10:09 am

I have applied for my UK born daughter's tier 2 dependency visa last year Dec, it was refused because her father doesn't have permission to be in the UK.I went to see a lawyer immediately after I came back to the UK without daughter.He said that sole responsibility is a complex issue and adviced me to get daughter here on visitors visa.I didnt try to get her here on visitors visa as I was scared that they might refuse it again because of her previous refusal, also, her father was not in South Africa at the time to give consent.

I now have ILR.I dont know if it makes any difference now, as my husband is still not in UK.I have read immigration rules, paragraphs 304 and 305 and my UK born child meet all the requirements set out in paragraph 305.But what does it actually mean?Can I apply for her ILR, pay fee of £826 and expect that she will be given entry clearance because she was born here?Or does she need to meet the requirements set out in paragraph 297?It says both parents have to be present and settled in UK.this means that I cant apply for ILR.I went to see a different laywer in august and he said the same thing, that I need to proof sole responsibility if I want to apply for her ILR.But what about paragraph 304 and 305 then?I know that I can apply for her British citizenship under sec 1(3), but I cant wait 4 to 6 months.I have permanent job, I earn £30080 per anum, and my salary will go up next sept, I can take care of my daugter without claiming benefits from the government.,I just need to get her here, now!Please, please, senior members or moderators, I need some advice.
Thank you in advance.

solospy · Post by **solospy** » Mon Oct 15, 2012 12:04 pm

wenner wrote:I have applied for my UK born daughter's tier 2 dependency visa last year Dec, it was refused because her father doesn't have permission to be in the UK.I went to see a lawyer immediately after I came back to the UK without daughter.He said that sole responsibility is a complex issue and adviced me to get daughter here on visitors visa.I didnt try to get her here on visitors visa as I was scared that they might refuse it again because of her previous refusal, also, her father was not in South Africa at the time to give consent.

I now have ILR.I dont know if it makes any difference now, as my husband is still not in UK.I have read immigration rules, paragraphs 304 and 305 and my UK born child meet all the requirements set out in paragraph 305.But what does it actually mean?Can I apply for her ILR, pay fee of £826 and expect that she will be given entry clearance because she was born here?Or does she need to meet the requirements set out in paragraph 297?It says both parents have to be present and settled in UK.this means that I cant apply for ILR.I went to see a different laywer in august and he said the same thing, that I need to proof sole responsibility if I want to apply for her ILR.But what about paragraph 304 and 305 then?I know that I can apply for her British citizenship under sec 1(3), but I cant wait 4 to 6 months.I have permanent job, I earn £30080 per anum, and my salary will go up next sept, I can take care of my daugter without claiming benefits from the government.,I just need to get her here, now!Please, please, senior members or moderators, I need some advice.
Thank you in advance.

As far as i know, only 1 parent needs to have ILR in order for your daughter (born in the UK) to apply for registration as british citizen under section 1(3). In your case you can apply from abroad as your daughter is in south africa i believe.

The form will ask if your husband can give consent to your daughter being registered as british citizen.

wenner · Post by **wenner** » Mon Oct 15, 2012 12:13 pm

Thans for reply.yes my daughter is in south africa, but the application for british citizenship will take a long time, and I'd rather do it while she is in UK, because referees will be problem for me I think.this is why I asked if I can apply for daughter's entry clearance as she was born here and she meets all the requirement set out in immigration rules, paragraph 304 and 305:Children born in UK who are not British Citizens.
Thanks

solospy · Post by **solospy** » Mon Oct 15, 2012 12:22 pm

wenner wrote:Thans for reply.yes my daughter is in south africa, but the application for british citizenship will take a long time, and I'd rather do it while she is in UK, because referees will be problem for me I think.this is why I asked if I can apply for daughter's entry clearance as she was born here and she meets all the requirement set out in immigration rules, paragraph 304 and 305:Children born in UK who are not British Citizens.
Thanks

Yes it might take long but what about the time taken under entry clearance route (settlement visa). If the settlement visa is quicker in south africa, then you have this option. you just need to send them evidence that you can support her without resourses to public funds i-e bank statements, employment letter, payslips, proof od address etc etc

As you stated that your salary is above the level of £18600, then i dont think you should have any problems. The main questions is which is faster ? Time taken for british registration or settlement visa ?

Post by **geriatrix** » Mon Oct 15, 2012 4:24 pm

Since when has the UK born child been outside the UK?

solospy · Post by **solospy** » Mon Oct 15, 2012 5:10 pm

sushdmehta wrote:Since when has the UK born child been outside the UK?

Does it matter how long the child is outside the UK when he is born in the UK ?

Post by **geriatrix** » Mon Oct 15, 2012 6:26 pm

Read 305(v).

solospy · Post by **solospy** » Mon Oct 15, 2012 7:12 pm

sushdmehta wrote:Read 305(v).

I have read your link but can you tell in simple english that child registering under section 1(3) has any residential requirements ?

solospy · Post by **solospy** » Mon Oct 15, 2012 7:15 pm

solospy wrote:
sushdmehta wrote:Read 305(v).
I have read your link but can you tell in simple english that child registering under section 1(3) has any residential requirements ?

Sorry sushdmehta I got it

Thanks

wenner · Post by **wenner** » Mon Oct 15, 2012 7:29 pm

On the 6th of November my child would have been outside the UK for 1 year exactly.

wenner · Post by **wenner** » Tue Oct 16, 2012 7:11 pm

Sushdmehta, you asked for how long my child has been away from the UK.I have answered the question.She has been away for one year now.I eagerly await for your thoughts/insights.I also asked in my previous post, if my daughter do meet all the requirements set out in paragraph 305, can I apply for her settlement visa without worrying about meeting the requirements of paragraph 297?My husband is still waiting for me to apply for his spouse visa, but my priority is getting my daughter back.So because my husband is not in the country yet, I worry that her application will be rejected again.I will really really appreciate a response.
Thank you.

Post by **geriatrix** » Wed Oct 17, 2012 1:44 am

I am not sure but I believe that you'll still need to prove sole responsibility if your child applies for entry clearance before your spouse does.

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settlement visa for a uk born child

settlement visa for a uk born child

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