should our daughter wait after graduation to come here or come now? need advice pls..

[gift]

Our daughter received her visa and passport last month and we’re now awaiting the Department of Social Welfare & Development in the Philippines to approve our request for her to travel to the UK alone.



Because of the time taken to review our appeal, our daughter will graduate from high school in March 2012, by that time she will have also turn 16 (as her birthday is on 14th February). As the visa has already been granted would it cause any complication if she were to come to the UK after her graduation in March 2012 when she will be 16 or must she come now?



Thanks for your help.

[Dedworth]

:confused:I presume if the Visa and Passport are valid for March 12 it wouldn't be an issue

[gift]

thanks ded. yes, passport is valid for 5 years and its new but the visa, does she has to travel at a certain time or she can travel anytime within the 2 years? she have ssettement visa.
thanks:)

[grahamw48]

If it was me I'd get her here as soon as possible, but check with the Embassy or UKBA for a firm answer on the visa question. For the sake of a few weeks she'll probably feel more fulfilled if she has graduated .

BUT, if she can't stay there, she will probably have more opportunities here than her graduation in the Phils would ever have given her, and she'll be able to continue her education here anyway....free of charge. :)

My ex didn't graduate high school in the Phils, but now has a British degree in nursing.

[rusty]

For her to be able to apply for ILR later she needs to be resident in the UK for 2 years, normally the visa is valid for 27 months to allow any slight delay and gain the 24 months in the UK.

Check the dates on her visa to see when the latest date she could travel. If you still want to delay her arrival then you could contact the embassy explaining her situation to see if the can change the dates on her visa. :xxgrinning--00xx3:

[joebloggs]

For her to be able to apply for ILR later she needs to be resident in the UK for 2 years, normally the visa is valid for 27 months to allow any slight delay and gain the 24 months in the UK.

Check the dates on her visa to see hen the latest date she could travel. If you still want to delay her arrival then you could contact the embassy explaining her situation to see if the can change the dates on her visa. :xxgrinning--00xx3:

i dont think thats correct rusty, she should have a visa dependant on her mother, basically what ever happens to her mother should happen to her once in the uk.

she should be able to apply for ILR same time as her mother thats if she is in the uk.

when can you apply for ilr gift ? or do you have ilr already ??

[rusty]

i dont think thats correct rusty, she should have a visa dependant on her mother, basically what ever happens to her mother should happen to her once in the uk.

she should be able to apply for ILR same time as her mother thats if she is in the uk.

In our case my wife already had her ILR and is able to apply citizenship in March next year. Her sons visa is valid till November 2013 so our plan was to apply for his ILR in August 2013 then when he is able to apply for citizenship, we together in about 2014.

Is this correct or can we apply citizenship earlier for both as she will be eligible soon?

[joebloggs]

if your wife already had ilr your stepson should have been give ILE, how old is your stepson rusty ?

[joebloggs]

unless i've gone a bit :Rasp: which is possible :rolleyes:

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

(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

does this apply to you ??

[joebloggs]

rusty, what does her visa say?
is the expirery date of the visa, the date the passport expires ??

[rusty]

His is 8 years old and has an entry clearance visa valid from August 2011 till November 2013, a typical 27 month settlement visa.

Both their passports expire in 2015, therefore the dates do not follow the passport dates. did we apply for the wrong visa initially?

[joebloggs]

what exactly is the wording on his visa,
if your wife had ilr b4 you applied for his visa, I'm sure he should have been given ile, because he is a minor and a dependent of his mother, 27 month visa is only for a spouse, his visa should be the same as his moms.

my stepson who was 17, applied for ilr same time as his mom, she been in the uk 2yrs, he had not been in the country even 6 months and was granted ilr because he is dependent of his mom, so what ever happens to her visa wise happens to him, they cant give her son a 27 month visa if his mom has ilr.

i think they have :censored: up. rusty.

[rusty]

His visa says - Visa to ACC parent, followed by her name.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/children/

The link above from the UKBA website states:-

This page explains how your child or children can join you in the UK if you are a British citizen, or if you have been given permission to settle here permanently (also known as 'indefinite leave to remain').

By 'child' we mean someone who is under 18 years old.

Children cannot normally come to settle in the UK unless both parents are settled here or have been given permission to settle here.

Before your child travels to the UK, they must obtain a visa. The Applying for a visa (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/children/applying-visa/) page explains how to apply.

If the child is already in the UK with temporary permission to stay, they can apply to settle here permanently using the SET(F) application form (http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset%28f%29/).


So it looks like we have the correct visa and need to appy ILR set F before his visa expires.

[joebloggs]

no rusty, i'm certain he should have been given ILE and the embassy have :censored: up.

give UKBA a call, it's an incorrect endorsement.
http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/ecb/ecb19/


he cannot apply for citizenship because he's under 18, but he can register as British using form MN1 the same time your wife applies for citizenship.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/

Section 3(1) application - children who do not come under section 1(3) or section 1(4) whose parents are applying for British citizenship

If one or both of the child's parents are applying for British citizenship we may, if we believe it is reasonable under the circumstances, register the child under section 3(1) of the British Nationality Act 1981. We will normally only register the child if:

both parents are granted or already hold British citizenship; or
if one parent holds British citizenship and the other is settled in the United Kingdom.


http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/

[rusty]

Thanks for the advice joe, I will contact the UKBA to see what they say. :xxgrinning--00xx3:

[joebloggs]

Thanks for the advice joe, I will contact the UKBA to see what they say. :xxgrinning--00xx3:

from what you said, the embassy think your wife and stepson are coming together to the uk, thats why his visa says 'Visa to ACC parent, followed by her name.' and he has a 27 month visa, becuase that what she would have got. infact it should have said 'join' as shes is already in the UK :doh, also as she has ILR it should have been ILE not just a settlement visa :NoNo:

[jap]

how long do i get my settlement visa child under 18 i applied last october 21,2011 until now nothing heard abiut my visa? please help :Cuckoo:

[sars_notd_virus]

he cannot apply for citizenship because he's under 18, but he can register as British using form MN1 the same time your wife applies for citizenship.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/

Section 3(1) application - children who do not come under section 1(3) or section 1(4) whose parents are applying for British citizenship

If one or both of the child's parents are applying for British citizenship we may, if we believe it is reasonable under the circumstances, register the child under section 3(1) of the British Nationality Act 1981. We will normally only register the child if:

both parents are granted or already hold British citizenship; or
if one parent holds British citizenship and the other is settled in the United Kingdom.


http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/

very helpful info Joe:xxgrinning--00xx3:

[joebloggs]

how long do i get my settlement visa child under 18 i applied last october 21,2011 until now nothing heard abiut my visa? please help :Cuckoo:

how longs a piece of string?, from a few days to 3 months, you would only be guessing :NoNo:

[gift]

i dont think thats correct rusty, she should have a visa dependant on her mother, basically what ever happens to her mother should happen to her once in the uk.

she should be able to apply for ILR same time as her mother thats if she is in the uk.

when can you apply for ilr gift ? or do you have ilr already ??

hi joe, i have my ILR already before i went back to the philippines in 2010.

[gift]

hi joe,
i just checked with my sister now and she said my daughter has ILR, so does this mean she can come anytime and no problem if she come after her graduation in march?
thanks

[grahamw48]

I would have said a definite YES. :xxgrinning--00xx3:

Do check with UKBA also though.

[gift]

hi joe,
i just checked with my sister now and she said my daughter has ILR, so does this mean she can come anytime and no problem if she come after her graduation in march?
thanks

sorry for the typo, its ILE not ILR

[gift]

thanks graham
i will do

[rusty]

I would say that as she has ILE then she should be able to come over later.

Can I ask what and where you applied for her visa, did you apply for ILE or just the standard settlement visa?

[joebloggs]

hi joe,
i just checked with my sister now and she said my daughter has ILR, so does this mean she can come anytime and no problem if she come after her graduation in march?
thanks


sorry for the typo, its ILE not ILR

:xxgrinning--00xx3: great news :Jump:
the visa should have an expiry date ?? she has to enter the UK b4 that date, its actually not a expiry date as ILE/ILR doesn't expire, its just a date she has to enter by for the first time, after that she can come and go as she pleases, as long as she not out of the UK 2yrs or more in one single trip.

rusty, they have made a mistake and didn't realize your wife had ILR already.