Need advice - settlement visa for son - anybody ?

[worried_parent]

I am a BC residing in UK for the past 6 years. I got my BC by descent. I came to the UK on my British Passport in mid 2001 and got a job with local government starting at 20K. I have a wife and two children.Boy currently 15 and girl currently 12.

I had applied for settlement visa for wife and daughter in 2001 and they have got their BCs in 2005. Wife and Daughter surrendered Indian passport in 2005 and now British Citizens.

The area I was living intially had very poor senior schools and therefore I decided my son will finish his schooling upto class 10 in India. As a result my son did not stay with me but with his grand parents in India studying and is an indian passport holder. Son spent every holiday in UK on visitors visa and has 5 year multiple entry visitors visa to UK.

Now I am in a senior management position (ICT) with 45K salary (gross), permanent local government job. My wife and daughter temporarily moved to India in 2006 to be with my son whilst he finishes final year in school.

Yet to buy a house but living (rented) in a two bed double bedroom apartment with two bathrooms and a large lounge (200sqft). Spam, bathrooms and large hallway not counted.It is a gated apartment (Band D)

Applying for settlement visa for son next month. I have sent all relevant documents. (Savings 15K, Certificate of Employment, Council Tax Demand, Naturalisation Certificate of Wife and Daughter, Copies of Passport, Son's Birth Certificate).

Could there be any problems for getting settlement Visa?

I would be very grateful for your advice......(very worried - have I missed or overlooked any issue?)

Need advice in preparing any additional documents if required for settlement visa. Any body having similar experience???


Thank You,

Worried_Parent

[John]

The only problem I see is as regards accommodation. 2-bedroom accommodation for a husband and wife and a 15yo boy and a 12yo girl?

Given the ages of the two children, and the facts that their genders differ, they cannot be expected to share the same bedroom!

Surely at least 3-bedroom accommodation required?

[worried_parent]

John,

Thank You for your reply.

I have attached a covering letter wherin I have stated that I am planning to buy a 3 bedroom house in the summer. My current lease runs out in July and I plan to take a 3 bedroom apartment on rent or buy a house.

Do you think that I should rent a 3 bedroom apartment right away and supply the lease aggrement as proof of accomodation?

Thank You,

Worried_Parent

[John]

Do you think that I should rent a 3 bedroom apartment right away and supply the lease aggrement as proof of accomodation?

Let's put it this way, I think there is a significant risk that you will fail the accommodation test ... the need for the accommodation to be "suitable", and certainly not overcrowded .... based upon your current accommodation.

[sakura]

Worried_parent,

I would also mention that the accommodation looks weak- since both kids are teenagers and of different genders, you can't have them sharing a room (John already mentioned- actually, doesn't the reception room count as an additional room?). It would be best if you could purchase a bigger house asap (why wait until summer with all this house price rises anyway! ). Also, isn't your son in the middle of his exams?

Just a little note: do you think (hope!) your son will be going off to university in the UK? It is important that he spends the 3 years prior to studying (applying) in the UK to qualify for Home fees as a British Citizen. It may come as a surprise to you but even some British Citizens do not qualify as home students for fees purposes because they are deemed to have not been 'ordinarily resident' in the UK for 3 full years...just a fyi! Don't mean to worry you even more though...

[JAJ]

Just a little note: do you think (hope!) your son will be going off to university in the UK? It is important that he spends the 3 years prior to studying (applying) in the UK to qualify for Home fees as a British Citizen. It may come as a surprise to you but even some British Citizens do not qualify as home students for fees purposes because they are deemed to have not been 'ordinarily resident' in the UK for 3 full years...just a fyi!

There may be more flexibility on the fees issue with distance learning (Open University and University of London External) but these are not necessarily easy options for those not used to higher education.

There is another point the OP needs to bear in mind. For registration as a British citizen, as the son is aged 13+ the Home Office will normally expect 2 years residence before application. However if application for registration is not made before age 18, then the son needs to apply for naturalisation instead - with a 5 year waiting period.

If son has passed his 16th birthday before arriving in the UK, then he is unlikely to become a British citizen before age 21. And if he gets to the UK before age 16, care needs to be taken to apply for registration as a British citizen after he has the two years residence, but before age 18. There may be scope for a little flexibility on the 2 years residence, but there's none on the 18 age limit.