Hi, I wonder if anyone might be able to help with a family visa query I have. My filipino wife is a naturalised British citizen having come over here originally on a spouse family visa, along with her daughter from a previous relationship who arrived in the UK a little later (and is now also a citizen). She also has a son from a previous relationship who elected at the time to stay in the Philippines with his father. Unfortunately, his father now has advanced stage cancer and is unable to look after the son, so we are hoping to bring him over here. I've been through the process of applying for the family visa for the duaghter so I'm aware of the complexities etc of proving sole responsibility and so on. My query is whether the fact my wife is now a British citizen means the son can apply for indefinite settlement? Or would he still need to go through the normal process of first applying for family visa, and then subsquently applying for FLR etc. Paragraph 297 of the immigration rules seems to suggest that indefinite settlement is a possibility in this situation. If it is possible, how would one apply for this? By just mentioning it in the Appendix FM form? My last question is about the financial requirements. My wife would the sponsor, but I assume my income can also be used to help meet the requirements? Thanks for any help on this, Rod
my wife is settled --UK passport. She applied for her son--then 17-- to come over in oct 2023 using a solicitor--on my suggestion--money well spent. He was successful--and his BRP says Indefinite leave to ENTER. he arrived in march last year--days before his 18th bday. As far as i know--thats it--job done--but i simply dont know if he will have to go through the FLR -ILR steps.
Ok thanks for that. Someone else suggested to me there is an additional information box at the end of the family visa form where you could mention a request for indefinite leave to enter, so I might flag it up there. I guess the case officer then decides whether it meets the criteria or not. It would certainly save a lot of money and hassle to avoid going through FLR etc down the track, thanks
Have a look at this link, I think the compelling now is the father is in no fit state to care for his child and could well pass in the immediate future. https://www.gov.uk/government/publi...mbers/annex-fm-31-children-accessible-version
my wife's ex husband did die a month after her son arrived here. So back they went to the philis for the funeral. That was a very expensive time last year. Just a nuisance he didnt do the deed a few weeks earlier.
Looked at this a bit further and as I read it the child would need to obtain " clearance entry" usually obtained by visiting (UK) embassy going through the case, they then make a decision. Applicant gets passport stamped leave to enter, once in UK applies for ILR. That's my take Given the nature of your case , I like @bigmac would suggest the use of a skilled immigration solicitor.
