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British citizen coming to the UK with a non-British child

British citizen coming to the UK with a non-British child

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Old Apr 5th 2018, 11:12 am
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Default British citizen coming to the UK with a non-British child

Hi,

I am a British citizen by descent, born and lived all my life abroad. I am divorced and have full custody of my 9 years old boy. I would like to come to the UK with my son for a year (his father gave his consent for this plan) and I would like him to go to school there (private or public) and have access (if needed) to medical treatment (private or public). I initially plan to live with friends and then rent a flat. I understand there are 3 options for me to do that:


1. Apply for a family visa for my son from my country of residence.

2. Apply for a visitor visa from my country of residence (or would visa on arrival will do as well ?) for my son and while in the UK apply for ILR/permanent residency for him.

3. Just land in the UK with my son, get him a visa on arrival for 6 months and after five and a half months go to Paris for a week, come back to the UK and get another visa on arrival for 6 months for him.

Please let me know if there is another option.

Is the requirements for a family visa for my son are the same as for a spouse visa (£18,600+£3,800 / 6 months work abroad with £18,600+£3,800 salary + a job starting within 3 months of my arrival in the UK paying the same + ready accommodation in the UK) ?
(same application form but with appendix 1 instead of appendix 2 ? whats the difference ?)

For applying for permanent residency for my son within the UK are the financial requirements the same (Salary of £18,600+£3,800) and for how long back ? 3 months ?

How about School and medical insurance (private or public) in each of these options?

Would the third option work ?


Thanks for your time, help and advice
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Old Apr 5th 2018, 2:29 pm
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Default Re: British citizen coming to the UK with a non-British child

What passport does your son hold?
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Old Apr 5th 2018, 4:19 pm
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Default Re: British citizen coming to the UK with a non-British child

Israeli
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Old Apr 5th 2018, 5:07 pm
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Default Re: British citizen coming to the UK with a non-British child

Originally Posted by Geengee
Israeli
Any other citizenship entitlements, through his grandparents or great-grandparents?
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Old Apr 5th 2018, 5:27 pm
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Default Re: British citizen coming to the UK with a non-British child

My parents are British citizens born in the UK but as I understand because I was born abroad I am a British citizen by descent and cannot pass my citizenship to my son.
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Old Apr 5th 2018, 5:30 pm
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Default Re: British citizen coming to the UK with a non-British child

Originally Posted by Geengee
My parents are British citizens born in the UK but as I understand because I was born abroad I am a British citizen by descent and cannot pass my citizenship to my son.
.... so the child's maternal grandparents are British born and bred?

While waiting for BIP's expertise, just to say that you cannot just land in the UK with your child. You either need a visitor visa for him or a settlement visa etc etc ...... before you arrive.
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Old Apr 5th 2018, 5:32 pm
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Default Re: British citizen coming to the UK with a non-British child

Yes
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Old Apr 5th 2018, 5:39 pm
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Default Re: British citizen coming to the UK with a non-British child

Originally Posted by Geengee
3. Just land in the UK with my son, get him a visa on arrival for 6 months and after five and a half months go to Paris for a week, come back to the UK and get another visa on arrival for 6 months for him.
'Option 3' is not really an option at all for your son. The six months leave granted on arrival is not meant to be use by someone want to stay in the UK for the long term. If this 'option' works, then there will not be anyone applying for spouse or work visas!

After the trip to Paris, UK immigration can refuse your son entry into the UK and send him back to Paris. If you love your son, is it the kind of risk you want him to face?
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Old Apr 5th 2018, 6:25 pm
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Default Re: British citizen coming to the UK with a non-British child

Originally Posted by HKG3
If you love your son, is it the kind of risk you want him to face?
The OP's asking questions so that she knows if her understanding of the options is correct or not, which is exactly the right thing to do. I don't think she needs questions about her feelings for her son.
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Old Apr 5th 2018, 6:31 pm
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Default Re: British citizen coming to the UK with a non-British child

Originally Posted by SanDiegogirl
.... so the child's maternal grandparents are British born and bred?

While waiting for BIP's expertise, just to say that you cannot just land in the UK with your child. You either need a visitor visa for him or a settlement visa etc etc ...... before you arrive.

Why not ?
Cant he get visa on arrivel ?
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Old Apr 5th 2018, 6:48 pm
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Default Re: British citizen coming to the UK with a non-British child

Originally Posted by Geengee
Why not ?
Cant he get visa on arrivel ?
If you require a visa for visiting or a settlement visa then you apply for it before your move.

That way you have the relevant documentation to allow you into the country.

Your son, with an Israeli passport, does not need a visa to visit the UK - he MIGHT be able to apply for a visa which allows him to remain while in the UK, being a child of British citizen. (BIP can advise on this)

Whether he can or not will depend on many factors.
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Old Apr 6th 2018, 12:22 am
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Default Re: British citizen coming to the UK with a non-British child

What about your son’s paternal line?

Applying for any kind of visa from within the UK as a visitor is a non-starter and doing a ‘visa run’ to France after six months runs a high risk of your son being refused entry as a non-genuine visitor. Unless your son has an entitlement to another EU/EEA passport then a child settlement visa is the only practical option. This will only be issued however if you have “sole responsibility for the child’s upbringing”. This is not the same thing as sole custody. If your ex-husband has given his permission to allow you to remove your son from Israel suggests that this is not the case.
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Old Apr 6th 2018, 9:29 am
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Default Re: British citizen coming to the UK with a non-British child

Unfortunately, I can not meet the financial requirements for the family settlement visa
and I do not need a settlement visa since I am going to stay in the UK only for 1 year and then go back to Israel.
Also, I have sole responsibility (the child lives with me) coming from a mutual agreement with the father. I mentioned his consent to the trip to the UK because he has contact rights by mutual agreement which he would not be able to exercise while we are in the UK..
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Old Apr 6th 2018, 9:50 am
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Default Re: British citizen coming to the UK with a non-British child

Originally Posted by Geengee
Unfortunately, I can not meet the financial requirements for the family settlement visa
and I do not need a settlement visa since I am going to stay in the UK only for 1 year and then go back to Israel.
Also, I have sole responsibility (the child lives with me) coming from a mutual agreement with the father. I mentioned his consent to the trip to the UK because he has contact rights by mutual agreement which he would not be able to exercise while we are in the UK..
There are no financial requirements to meet for a child settlement visa, only maintenance and accommodation requirements.

If you intend for your son to stay for more than six months and he doesn’t have any other passport than Israeli then he’ll need a visa. You may have sole custody but if the father has contact rights and was involved in the decision making process then it’s unlikely that you have sole responsibility.
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Old Apr 6th 2018, 9:58 am
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Default Re: British citizen coming to the UK with a non-British child

Originally Posted by Geengee
Unfortunately, I can not meet the financial requirements for the family settlement visa
and I do not need a settlement visa since I am going to stay in the UK only for 1 year and then go back to Israel.
Also, I have sole responsibility (the child lives with me) coming from a mutual agreement with the father. I mentioned his consent to the trip to the UK because he has contact rights by mutual agreement which he would not be able to exercise while we are in the UK..
Sorry, but things do not work that way, the ONLY way for your child to be in the UK for a year is a settlement visa, using a visitor visa and then trying to reset it by visitint Paris, or any other EU country, runs the risk of the child being refused entry as, because you are a British Citizen, the immigration officer may well se it as you trying to circumvent the UK visa process and have your child living with you n the UK permanently, you will have no viable proof that you are returning to Israel after a year. You WILL, as has already been advised, have to get a letter from the father of your child allowing him/her to be living in the UK, as you should get, in any case even to take him/her to another country even for a holiday.
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