HKG3

My understanding is that you need to live in the UK for 3 years before the start of the course in order to qualify for 'home' fees. Its based on when your course starts.

HKG3

The 33 months visa you noted is the UK spouse visa. The five years are divided into two halves (like football!). When you apply for a spouse visa outside the UK, you will be given a visa for 33 months (first half), when the 33 months visa is up, you can apply for another one in the UK as long as you meet the requirements at the time. The second visa will take you up to the 5 year mark to apply for settlement.

ILE / ILR - Indefinite Leave to Enter / Remain. An applicant will get ILE outside the UK, while someone apply inside the UK will get ILR. In the case of your Hong Kong born child, if the whole family is moving to the UK, as a child of a British Citizen by descent, the child should receive ILE in Hong Kong. ILE / ILR are like non Chinese Hong Kong permanent resident who can work and study as well as stay as long as he wises. However, the most important point is that ILR / ILE will be void if the holder left the UK for more than 2 years. That is why when your wife and child should register for British Citizenship as soon as they meet the Home Office requirements. Being a British Citizen gives you the right to return to the UK at all times.

Kentse1973

Crystal clear, thx a lot 😊

Kentse1973

I read the web site you sent to me. You are correct. 👍🏻
Are you from HKG too?

Kentse1973

Can my child under ILE to UK will allow to join state school or apply government funded grammar school ?

BritInParis

It's a legal requirement that the Local Education Authority provides a school place for every child. Their immigration status is irrelevant.

jerrycyn

Hi All,

I have exactly the same background here.

1. My father was granted citizenship under British Nationality (Hong Kong) 1990 Act.
2. I am citizen by descent under the same act when I was a minor.
3. My child was born in Hong Kong.

Having gone through the threads, it seems apparently S.3(1) is not applicable to my case but I do wish to check if S.3(5) will apply?

Following this, it states that I will have to live in the UK for 3 years before making application, thus is it correct that if, at the time when my child turns 12 years old, we relocate to the UK and live for 3 years, by which my child will be 15 years old at that time of making application.

Is there any further financial requirement for me in making such application?

Many thanks.

BritInParis

Your child should receive ILE providing the other parent is being admitted to the UK for settlement at the same time. If they require a settlement visa then you, as the sponsor, will need to meet certain financial requirements.

poida

I have just submitted a Section 3(5) application for my son, still waiting for the response which could take 6 months. The application (using From MN1) is pretty straightforward, the child and their father and mother must be resident in the UK for a 3 year period ending with the date the application is received. And the child and their parents should be physically present in the UK at the start of that period. The child and their parents must not have been absent from the UK for more than 270 days during the 3 year residential period. There is no discretion to disregard absences greater than 270 days.

There is no financial requirement for the MN1 application, but you would first need to obtain a visa for the child (and any non-british parent) to be able to live in the UK for 3 years which would probably have a financial requirement.

HKG3

You and your spouse will need to relocate to the UK together in order for your child to be granted Indefinite Leave to Enter the UK.

For your spouse to get a spouse visa, you, the British Citizen, will need to meet the financial requirement. Currently, you can meet the financial requirement by -

1) having cash savings worth at lease £62500 for six months, or
2) worked in the UK for six months or more and earning at lease £18600 per year, or
3) Working in Hong Kong with a wage of £18600 per year or more and receive a job offer in the UK which meets the financial requirement.

There are more ways to meet the financial requirement (for example by self-employment).

Kentse1973

My friend is a BC by descent & her children came to UK under settlement visa. On the residence permit card is written "dependent leave to enter" & is valid from 30/5/16 till 13/3/19 so is less than 3 years.
Shouldn't the children's visa shall be ILE?
In this case, will the children become ILR after apply for visa extension and able to apply for citizenship once fulfil the 3 years residency period?

BritInParis

That would depend on the situation concerning the children's father.

HKG3

Is one of the parent in the case staying in Hong Kong?

According to UK immigration rule 297, the children will only get ILE if the whole family (with one British Citizen by descent parent) are coming to the UK together to settle.

https://www.gov.uk/guidance/immigrat...rs#pt8children

Kentse1973

Mum is BC by descent, Dad is under spouse visa & applied together with 2 children. The family have settled in the UK. All of their residence permit cards are stated "dependent leave to enter".
I understand the Dad will have to be 5 years + 1 year for apply BC. However, will the children can apply BC after 3 years of residency. Why the children's residence permit not stated ILE at 1st instance?

Thx BIP & HKG3 for advice

HKG3

Under current rules, the Dad will be able to apply for naturalisation to become a British Citizen as soon as he receive his Indefinite Leave to Remain in the UK if he is still married to his British Citizen by descent wife at the time of application.

https://www.gov.uk/becoming-a-britis...ritish-citizen

However, I cannot guarantee this will not change in the next few years.