the time has come for my wifes son to try again--hes 17 now--how time flies. This time we will use a immigration lawyer in the UK. Do you think now my wife is a british citizen will make any difference ? I would think a British citizen would have the right to bring their dependant children here. Ironically--some of my wifes staff in the care home are Indian ladies, bought over on 3 year work visas. They can--and are--bringing their spouses over who ARE allowed to work !
Can't advise or answer your question, but good luck... If 'Fishi Rishi' - or some of his extreme Right-wing paymasters - gets his way, it looks like this 'automatic' right to bring family will not be around for much longer!
I also have no experience in this field, bigmac, but my wife and I wish you and your wife the best of luck and a successful outcome if you use an immigration lawyer to achieve your goal.
As you know we successfully brought my wife’s youngest daughter over in 2017 and she is now on ILR. We did not use a solicitor One of the biggest gf areas of concern from what you have posted in the past is demonstrating your wife has sole responsibility for your son( we had a smaller time window of my wife being here since 2015 before the daughters application in 2017) I know again from what you’ve posted previously this was an area we’re your previous application had failed. Before spending money on a lawyer find out how he would address this area given that there is an even greater time lapse since your last application. We know money , accommodation is not the issue it’s the sole responsibility and to be successful with a lawyer on your side how will he address it? What can he say that you can’t say? I am not sure he can add any meaningful use to you! Good luck with it though. On your last paragraph my wife’s niece came here as a nurse with a sponsorship 4 months after arriving her partner and 2 kids rocked up and hubby now works!
If the dependants parent is on ILR stage yes but my wife wasn’t she was on FLR had we waited for mum to get ILR Kate would of been over 18 and not classed as a dependent however we found that once the first visa (dependant) was expiring that Kate caught her mum up so mum was due ILR in mid 2020 so when Kate was due her next visa bumped upto ILR with expiry to match her mums. She then has to wait a year for BC application but she has also been back to the Philippines for a few months so we need to get the absence from the UK dates right before BC application. Not sure how it works if dependants child mother is on BC. but as BC is one better than ILR and is the definitive settled status then you would expect to supersede this. copied Where the parent of a child is a settled person (e.g., they hold ILR), the child can apply to join them here in the UK and will be granted ILR. A parent may settle in the UK in a number of ways. Typically, they will have lived here for a certain amount of time to qualify for ILR (normally 5 years) while holding a work visa or other visa type.
Hi Bigmac, just bumped into your post. We have recently successfully applied for my son's settlement visa to join parent/s. We submitted the application on the 11th of July and biometrics done on the 19th of July, few days before he turns 18. I think I have read your thread before. I was a student when I first arrived in the UK in 2008, went back home in 2014, got married and back to UK with Spouse Visa. We were able to get my son a visit visa in 2020 but due to lock down in the Philippines, he was not able to travel. But finally, he can be with us. I would like to post a different thread sharing the documents we have submitted. I am more than happy to answer some questions which might help with other people's application. It is possible. We just have to collate all the relevant documents they require to prove custody and that youuur wife have kept her sole responsibility despite being away for a while. Oh I wanted to add that we did not use any solicitor.
Excellent news for you. My wifes solicitor was on the phone yesterday to review the application before he submits it.We need to submit soon as his TB cert expires next month. Her son is 18 in january. Can i ask---was your sons natural father in the picture at all ?
No, his biological father has not seen him since he was 10 months. To prove the custody, I have a statement of arrangement from the court which he signed in 2013 that he does not see our son. The Entry Clearance Officer, requested this together with the anullment document.
that makes all the difference . My wifes ex husband--the boys father--lives in the same village. Still alive--but doesnt see the boy or supports him.
2 people I know somehow had the same situation, they added a joint affidavit of 2 disinterested person as to abandonment. They have also provided letter from schools, doctors, that it is only the mother and/or mother's side of the family( guardian) they have communicated with regards to the child's upbringing( school and health checks) . May I ask, is your wife annulled? If she is, she can provide the court documents. I said this, cause in the court proceedings, she would have given statements about the involvement of the father to their child. This would show that he has never been involved in their childs upbringing. My son's biological father is alive too but does not see him nor have any contribution to his upbringing.
my wife did get an annulment --although she had previously got a UK divorce..but i dont think the annulment mentions the child--i will ask her. Good point.
When she had her divorce, did the court sent a D10 Statement of arrangements for children to her ex? When she filed the divorce, what did she put on the petition? This would also show that the father does not have any involvement on their child's life. I have also submitted mine, for my son's application.
good advice--thanks. She will check that out. Can i ask if you paid extra for fast tracking your sons application ?
More than happy to help. No, I didn't. It only gave me a standard processing time. I have noticed on the group on Facebook( The Luckiest Filipina British Wives)am I allowed to mention the group?, people posting the timeline of applications for child dependants took only 3 to 7 weeks, 8 weeks tops. Starting March this year. Hoping for a successful outcome for you and your wife.
No I did not. I only submitted the land registry as it has a drawing of the property to show that there is enough room for him to be accommodated.
thanks--ive just applied to join that group. i was on a general immigration advice group--but it was all about advice for overstayers.
