家庭团聚签证,这种情况怎么办?

之前开过帖子磅朋友咨询苹果的大神们,关于家庭团聚签证。
https://bbs.chinese1.comhttp://bbs.chinese1.net/t/topic/2438717

“我朋友是英国国籍,之前办理了家庭团聚签证,他老婆,女儿,儿子(今年未满18周岁)都来了英国,今年可能签证就要到期,因为他老婆语言要求没办法达到,所以就想今年续签,他女儿英语够硬,就申请永居,但是他儿子的情况就让他有点茫然,就去问了一下律师,两个律师给了他两个答案:
一。他儿子的签证跟着母亲,母亲签多久就是多久,
二。他儿子独立签。帮他去UKBA 看了一下,没找到(没怎么接触这个,所以才疏学浅了!)”

帮他看了一下,他儿子上护照写着“visa to join father/cyr”

这种情况下,应该如何处理,续签?还是有申请永居的权利?

其实重要的是在他女儿的签证上,小儿子可以继续Dependant,直到他妻子能办永居以后跟着办,但女儿已经满18岁了,对吧?所以她已经不能再Dependant,如果不能办永居,那就要换成其他签证留在英国。我猜她以前是家庭团聚签证过来的,应该是那种有定居前景的(如果她换其他签证,可能就没有定居前景了),因此,即使她现在已年满18,也可以用SET(F)表申请永居(具体请参见SET(F)表的适用范围),这个跟她英语是不是够硬没有关系,重要是是SET(F)的前提是父母都永居或入籍,或者一方有永居或入籍,但这一方必须是有Sole responsibility的(当然另外还有她没有成立独立家庭等等条件),所以,在你朋友的妻子的永居办不下来的情况下,基本很难。

另外一条路是以Adult relative的形式办永居,但这个要求很高,需要证明她已经与来源国没有什么联系,回到来源国无法适应等等。

应该让你朋友的妻子好好学英语,B1等级又不是太难。在英国生活,这一条都达不到的话,的确让人家HO也犯难。

首先,很感谢你的回复。

其次,想问一下,儿子需要单独签证吧?申请永居的话,貌似也是你所说的set,但是母亲现在也只是家庭团聚签证!

儿子只能继续跟着母亲,不能永居。

但是,他儿子上护照写着“visa to join father/cyr”,不是跟母亲没关系吗?

移民规则上面关于儿童那一部分写得很清楚(第297条),你可以看他儿子符合哪一条办永居?

  1. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for
    settlement in the United Kingdom are that he:

(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled in the United Kingdom; or

(b) both parents are being admitted on the same occasion for settlement; or

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

(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; or

(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and

(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and

(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and

(vii) does not fall for refusal under the general grounds for refusal.

这一条不符合,那就只有办延签了,条款是301条,注意看一方定居、另一方非定居,儿童给予延期(301(i)(a)):

  1. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave
    to enter or remain in the United Kingdom with a view to settlement are that he:

(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:

(a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or

(b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child’s upbringing; or

(c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately without recourse to public funds, in accommodation which the parent or parents own or occupy exclusively; and

(iva) can, and will, be maintained adequately by the parent or parents without recourse to public funds; and

(ivb) does not qualify for limited leave to enter as a child of a parent or parents given limited leave to enter or remain as a refugee or beneficiary of humanitarian protection under paragraph 319R; and

(v) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

嗯嗯,这个我有看到过,谢谢了哈!我跟他说了,他说再问一下律师!