TobyIsabelle

Hi everyone!

I'm looking at moving to the UK but am confused on what kind of visa to apply for my son.

I hold a British passport but have never lived in the UK. I am looking to move to the UK with my son, aged 4. He was born in Singapore and holds Singapore citizenship. His father, my ex husband, is not British either. As I am a British citizen by descent, my son is not entitled to British citizenship.

I've looked through all the British government websites and also emailed the British government visa enquiry department (cost me about 6 pounds and total waste of money as they are not allowed to advise anyone 😦). However, I'm still not sure which will be the best type of visa to apply for him. Would it be indefinite leave to remain or a dependent child visa?

I'm also unclear if there is any financial requirements for me to sponsor my son? I'm self-employed in Singapore. I do not intend to look for a job in the UK as my current business is home-based and Internet-based so I will be able to continue it from the UK. Will the UK government be able to accept any financial requirements based on my past years income tax declaration in Singapore?

Also, I'm not sure if the best way to apply would be before we leave Singapore or after we arrive in UK (Singapore citizens don't need a visa to travel to the UK and should be able to stay as a tourist for 6 months.)

I intend to home-school my son till he starts primary school (which I understand is at age 5?). I assume he would need a non-tourist visa to enroll in a state primary school?

Any advice would be greatly appreciated!

BritInParis

Which nationality is his father? Where were you born? Do you hold any other citizenships? Where were your parents born and what was their employment at the time of your birth?

TobyIsabelle

Hi, my son's father is Singaporean. I have sole custody under our divorce agreement so I don't think it should affect anything. I was born in Singapore. My dad was a marine surveyor and my mom was a police woman.

BritInParis

Were both your parents born in the UK? Were either of them working for the British government at the time of your birth?

TobyIsabelle

Hi! my mother was born in Singapore (commonwealth country). My father was born in the UK. Neither have worked for the British government before.

BritInParis

Okay, so it sounds like we can rule out your son already being a British citizen or being eligible to be registered as a British citizen.

You will need to apply for his settlement visa from Singapore. You cannot switch from Leave to Enter as a visitor in the UK to any other visa type.

On the online application form this option is 'Settlement>Settlement>Child or Other Dependent of Settled Person' on the drop-down menu.

If you are self-employed and can continue this employment online from the UK then you should meet the maintenance requirement to sponsor your son.

If you have sole responsibility for your son's upbringing, and can provide evidence to that effect, then your son will be granted Indefinite Leave to Enter. After three years of residence in the UK you can then apply to register him as a British citizen.

Bear in mind that even if you have sole custody of your son you will still need his father's permission to remove him from Singapore.

Your son would normally enter Reception (start school) in September after he turns four although you can defer this until the start of the next term after he turns five.

Uxbridge219

"Bear in mind that even if you have sole custody of your son you will still need his father's permission to remove him from Singapore."

this one caught my eyes ....

I finally obtained consent from my ex-wife to transfer the sole custody from her to me. And I have a lawyer doing the paperworks for us.

I still need her written permission to remove my son from Hong Kong, even though sole custody already switch to me?

see my thread:-
http://britishexpats.com/forum/citiz...g-kong-887558/

BritInParis

Unless the custody documents explicitly state that you have permission to remove your son from Hong Kong then you will need to get a separate agreement to do so or a court order that allows you to remove your son from Hong Kong.

Uxbridge219

gotcha.
speak to lawyer now to have this clause included....
cheers BIP!

TobyIsabelle

Hi BIP, thanks for the advice! One question- from looking at the UK gov website, I should be able to apply for leave to remain for my son if he is already in the UK? Is that not correct? The visa fees are much cheaper for applying from the UK is much cheaper than applying for leave to enter from outside UK. A Singapore passport holder will be able to stay 6 months in the UK as a tourist. I was actually thinking of bringing him there first as a tourist and then applying.

Another question I have is, as I've never worked in the UK and will be going at the same time as my son, how would the UK government qualify my income requirements if I apply before entering UK? the only proof of income I have will be past years income tax returns as I've been self employed for many years. Also, how much actually would the income requirement be for a single parent sponsoring a child and no spouse? All the information I can find is based on UK citizens sponsoring spouse as well as child/children. Would it be the same even though I'm not sponsoring a spouse?

Thanks!

az2014

Erm post number 6?

BritInParis

As mentioned this is not possible. Your son's application will simply be refused if you apply from within the UK.

There's no specific income/savings threshold like there is for spouse visas but you still need to meet the maintenance and accommodation requirements. Effectively this means you will be able to house, feed and clothe your child without relying on the state. More information is available here. You should also read through Appendix 1 which you will need to complete in order to demonstrate you meet these requirements.

TobyIsabelle

Thank you BritInParis! You're been very helpful! : )

az2014 - Ermm ... post number 6 does not answer all my questions. Anyways, is there anything wrong in wanting to clarify something which I was not clear on?

Uxbridge219

Hi BIP,

another question out of curiosity.

"...... this option is 'Settlement>Settlement>Child or Other Dependent of Settled Person' on the drop-down menu." , "....self-employed and can continue this employment online from the UK then you should meet the maintenance requirement to sponsor your son."

same as spousal visa i.e. GBP 18,600 or GBP 62,500 or combination of above + sufficient accommodation?

cheers.

BritInParis

Whilst there are still maintenance and accommodation requirements to meet they are not as strict as the financial requirements for spouse immigration. See the links in post #12 for more information.