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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2137
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, my son lives overseas with my mother who is very old now

Resolved Question:

Hi, my son lives overseas with my mother who is very old now and can no longer look after him. What can I do or what requirement do I need to bring him to stay with me and his sister who is born in the UK. I have been living in the UK for over 11years and recently naturalise to a British citizen. Do I need to be working to be able to apply for him to come stay with me.
Thank you.
Submitted: 1 year ago.
Category: UK Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

Have you had an in put in your child's life since your arrival to the uk?

Kind regards
Customer: replied 1 year ago.


yes, I have kept in contact and I send him monthly support.


thanks

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

If you want to invite your child to the UK and they are under the age of 18 then you would need to apply using rule 297.

297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:

(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled in the United Kingdom; or

(b) both parents are being admitted on the same occasion for settlement; or

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or

(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and

(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and

(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and

(vii) does not fall for refusal under the general grounds for refusal.


http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children/

You would need to provide evidence of your relationship with your child, in addition you would need to show that you have had an input in your child's life. You would need to provide an affidavit from the relative currently in guardianship of the child that they have no objection to the child coming to the uk and residing with you.

You would need to show that you are able to maintain and accommodate the child, so if you are not working and on benefits the home office would be reluctant in granting the child a visa to enter because they will see her as being someone who would also need benefits or at least will increase your benefits if the child came to the UK. Therefore it is important to show that you will be able to maintain the child without recourse to public funds.

Therefore I suggest that you have some form of income and also some savings to show that your child will be fully maintained by you without any benefits.

You will need to apply using form VAF4A please see following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.


what If I'm working part time with a income of about £8.500 a year, will this show that I can take care of my child, and I live in a two bedroom rented house because I can't afford a house of my own, will this satisfy the accommodation rules that I have a rented home for him to stay?


Also does working tax credit count as public fund or benefit that will not favour my application for son's visa?


 


thank you

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

You would need to show that after all your expenses you still have some money left over, so when your son is in the uk you are able to look after him. In addition it does not matter that your home is rented what matters is that if you have a 2 bedroom property you do not have more than 4 people remaining in the property when your son arrives.

Working tax credits is a public fund :

http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/rightsandresponsibilities/publicfunds/

It would only effect your son's application if this was increased as a result of your son arriving to the uk. If you have some monies left over after all your expenses then this should be sufficient to maintain him in the uk upon his arrival.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2137
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.


thank you for your time

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