Child Visa Application
The client, who holds Indefinite Leave to Remain (ILR) in the UK, wishes for their two children from abroad to join them with ILR. They have inquired about the financial requirements for child-only applications, specifically regarding the absence of a fixed income threshold and the need for adequate maintenance under the current Immigration Rules. The client seeks clarification on the type of financial evidence necessary, such as payslips and savings documentation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan you confirm there’s no fixed income threshold for child-only ILR applications under the current Immigration Rules and outline what constitutes 'adequate maintenance'?
For child-only ILR applications, there is indeed no fixed income threshold like the required amounts for spouse applications. Instead, the concept of "adequate maintenance" applies. Under the current Immigration Rules, adequate maintenance means that, after housing costs, you and your dependants must have income equivalent to or exceeding the income support level that a family of the same size and circumstances would receive. This ensures your children will not require public funds.
What specific financial evidence should I provide to demonstrate adequate maintenance, such as payslips or savings?
To demonstrate adequate maintenance for your children's ILR applications, provide evidence showing you can support them without recourse to public funds. This includes:
- Payslips: Submit recent payslips (usually for the past three to six months) to show consistent income.
- Bank Statements: Provide bank statements for the same period to show salary deposits and financial stability.
- Savings: Evidence of savings, if available, can strengthen your application. Include details of any fixed deposits or savings accounts.
- Employment Contract: Include your employment contract to verify job stability and income.
- Accommodation Evidence: Proof of adequate accommodation, such as tenancy agreements or mortgage statements, is important.
Are there any additional requirements or considerations for children under 18 applying for ILR to join a parent in the UK?
When applying for your children under 18 to join you in the UK with Indefinite Leave to Remain (ILR), the primary consideration is demonstrating that you have sole responsibility for their upbringing or that there are serious, compelling family or other considerations which make exclusion undesirable. Additionally, the children should not be married or in a civil partnership, should not have formed an independent family unit, and must be joining you to live permanently in the UK. Immigration Rules outline these requirements, and you will also need to show adequate accommodation without recourse to public funds.
What are the common pitfalls or challenges in the application process for children joining with ILR, and how can I avoid them?
A common pitfall in the ILR application process for children is failing to demonstrate a genuine family relationship and dependency, which is crucial under the current Immigration Rules. To avoid this, provide comprehensive documentation like birth certificates and evidence of regular contact or financial support if applicable. Ensure all forms are correctly filled out, as errors can lead to delays or refusals. Additionally, be mindful of the requirement for the children to apply for entry clearance before travelling to the UK.
How long does the ILR application process typically take for children, and are there any ways to expedite it?
The Indefinite Leave to Remain (ILR) application process for children can typically take approximately 6 months. However, processing times may vary depending on the specifics of the case, the volume of applications being processed, and any potential complications such as missing documents. Unfortunately, there is currently no priority service available for child ILR applications that would expedite the process.
What are the costs of my children visa?
The costs for child visa applications for children to join you in the UK with indefinite leave to remain (ILR) include the application fee and the Immigration Health Surcharge (IHS). As of the latest information, the application fee per child is around £1,500. The IHS is approximately £600 per year, typically paid upfront for the duration of the visa.
