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Family Visa starting the process

Discussion in 'UK Visa and Immigration Help' started by ChrisTina, Jan 10, 2024.

  1. ChrisTina
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    ChrisTina Member

    Hi all
    I found this forum amazing when I went through the traumatic process of visa application for my wife which started all the way back to 2016! Tina is now a British citizen and we are looking to bring over her son, MJ. He is 16 currently and will be 18 in November 2025.
    I would really appreciate all your help again, one more time!

    MJ's passport expires mid August 2024, is there a restriction on the validity time frame of the passport? Such as other countries may request 3 or 6 months before issuing a tourist visa, is there a restriction for the family visa?
  2. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Hi
    You say your wife is a British citizen is she holding a British passport if so that passport would have close to 10 years to run,or just holding ILR?
    Who will the tourist visa be for?
    Are you thinking of a visit visa then a dependent visa for your wife’s son?
  3. ChrisTina
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    ChrisTina Member

    Yes she is a UK passport holder now, as you say many years on it. We are looking at the family visa to permanent residency for her son. We were not thinking of a tourist visa at all, is this a better option?
  4. Br28016
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    Br28016 Active Member Trusted Member

    Question Im assuming is the validity of the sons passport and fact it runs out in August 2024.

    If possible then would be advantageous to replace it prior to applying for family visa. Not sure on how long the application time is now - in 2018 when wife applied it was about 3/4 months to process. Doesnt take much longer before his current passport goes out of date.

    As I understood it the passport needed to be valid long enough to get here. Airlines may have different view. This is logical as effectively getting an indefinite leave to enter visa - would be useful to know status of father and what is on birth certificate to confirm.

    Are you ready to submit ? Asking as to how this links in with time to get a replacement.
  5. bigmac
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    bigmac Well-Known Member Trusted Member


    my wife is also now a British citizen. Her 17 y o son applied last sept--and was successful this time ( refused back in 2017 ).
    In view if the first refusal--my wife used a UK based filipino solicitor--whether this helped i dont know--or if it was because she is now british?
  6. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Ok that clarifies it, in your op you mentioned tourist visa thats all. I assume MJ is the son?

    We did my wifes daughters back in 2017 and it' s pretty much straightforward very similar your wifes application.
    Where is the boy's father?

    You must apply before the boy is 18 after 18he is no longer a dependent, you and your wife can sponsor and naturally provide accommodation, @bigmac can advise the level of visa the boy will come in on, as his wife has recently successfully brought/ bringing his wife's son over. For example my wifes daughter came in on a dependent visa but as my wife was further on the visa journey at the next application the daughter caught my wife missing one stage of the visa journey, a good cost saving.
    hope this helps.
    Once you start the application there are a couple of questions that you ill need to give some thought to, but you can raise them as you start nearer rhe time.
    The application is pretty straightforward though
  7. bigmac
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    bigmac Well-Known Member Trusted Member

    her son got indefinite leave to enter. So saved us one FLR and one ILR fee. And no IHS surcharges. So a bit of a bargain really.
  8. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Thought that to be the case, @ChrisTina this info from @bigmac will be big saving for you.
  9. bigmac
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    bigmac Well-Known Member Trusted Member

    the solicitor charged £1900--plus the visa fee.
  10. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Let’s see where daddy is?
  11. bigmac
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    bigmac Well-Known Member Trusted Member

    ?
  12. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    The ops wife’s sons father
  13. ChrisTina
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    ChrisTina Member

    The passport is valid till August, I read the current family visa is 8 weeks but we are not ready to submit. It is possible but if there is a restriction on the time period before the expiry date then it isn't going to work. Problem is as Tina is in the UK getting him a passport renewal we need to go the Embassy to get a stamped power of attorney for her mother to represent her. It seems it is unknown if there is a restriction to the passport expiry.
    There is no father on the birth certificate.
    The applications seems pretty similar to the FLR/ILR done previously so confident in that aspect, just the timeline is proving difficult.
  14. ChrisTina
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    ChrisTina Member

    So we can go straight to ILR??? I didn't realise this, that is huge
    Last edited: Jan 10, 2024
  15. bigmac
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    bigmac Well-Known Member Trusted Member

    no--you just apply for the family visa--Immigration decide on the stage reached. It all depends on the sponsor's situation.
    • Agree Agree x 1
  16. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    No father on BC is good news!
    We did power of attorney through an affidavit took off the internet, elder sister over 18 acting for younger sister 17
  17. ChrisTina
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    ChrisTina Member

    It says must be stamped by the Embassy, this not your experience? It is also a little confusing as one part says must be POA and another says "or" affidavit.
  18. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Will as wife if it was stamped by a solicitor in the Philippines but wife was here daughter was there lol. Will Get back to you
  19. bigmac
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    bigmac Well-Known Member Trusted Member

    in view of the fact that in our case--the boys father is still alive and his presence was known in the first application led to the refusal. I just wonder if the fact that his mother ( the sponsor ) now holds a british passport that this overides any other objections by immigration. After all--if it was refused--and we went to appeal--it could make an " interesting " case.
  20. ChrisTina
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    ChrisTina Member

    I have no official capacity as father of the child, in terms of meeting the financial reqs does my wage count too?

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