Sezza

Hi ya

Me again

I am a BC and I am starting the process of applying for my 4yr old sons settlement visa, I cannot find for the life of me any financial requirement information for dependant child, only for spouse and other types of family members

Does this mean the child settlement visa is exempt for the financial requirements? Does someone have a link to this? I have searched and searched :-/

Thank you

theoldgit

If the child has a parent who is a UK Citizen, and that appears to be you, then there is no requirement to meet any financial requirement or fee to pay as they can apply for a British Passport.If the child is accompanying, or joining, a parent who is not a UK Citizen then the first child would have to apply for settlement and would have to meet the financial requirement of £3,800, there is a further requirement of £2,400 for any subsequent child, this is of course in addition to the £18,600 figure for any non British adult.

Sezza

Hey

He doesnt get british citizenship as I obtained mine by decent, his only option is a settlement visa as I only spent 2 yrs 11 months in the UK. I am short by 25 days.

Ive just had a read through what you have attached and it looks like there is still no financial requirement as I am a BC, If I only had leave to remain then the financial requirement would be enforced.

Is that correct? Sorry if I sound stupid, I just need to be 100% sure : )

theoldgit

I believe you are correct, the child is your dependent, you're a BC so it would seem that there is no financial requirement.
The only thing that worries me is the first bullet point in 2.8,The financial requirement does not apply to a child who: Is a British citizen (including an adopted child who acquires British citizenship). As you have said as your citizenship was gained by descent it doesn't apply to your child, so I'm not 100% sure.
This was not my area, I'll ask a former colleague and get back to you.

Sezza

Thanks very much, the 3rd paragraph under 2.8

*Is settled in the UK or who qualifies for indefinite leave to enter; or *

It is my understanding that the dependant child settlement visa is indefinite leave to enter

theoldgit

That's also a muddy bit as I think there have been some changes with the ILE, I've fired an email off to a mate, hopefully he'll respond tomorrow - it's a holiday here today and I know he's gone to the beach.

Sezza

Fair enough, I would too!

I shall await your reply

mikelincs

I'm sure that BritinParis, out resident expert will be along shortly to give you the ful info. The only thing not mentioned so far is permission to move the child to the UK, you would need written permission from the mother unless you have sole custody.

Sezza

I am the mother and i have the court order showing ive been granted full custody

Pulaski

You might want to check that the court order actually allows you to remove your son from Canada.

Sezza

Its a new zealand court order and we moved to australia after it was all over so no restriction on international movement

theoldgit

My friend has got back to me, he pointed out that Nationality is a minefield, but you already knew that.
So you're the mother and you want to return to the UK and take your child with, you have full custody, what passport does your child hold?

Sezza

Hey

Yes I am the mother with full custody, the father has no access/visitation rights by court order

I am a dual citizen of NZ and UK, my son is NZ citizen/passport holder

theoldgit

So I assume your lad has a NZ passport?

Sezza

Yes he does