Spousal Visa/Older children/ILRs??

Hello All,

I have been lurking here recently doing a bit of research on UK spousal visas. I am an American married to a Brit and we are thinking of resettling there. Since we have been married for almost 6 years, I am hoping to get the ILR when I enter. I do have a 16 year old son from a previous marriage who will be coming with us. Does anyone know if the kids get ILRs too or will he have to reapply in 2 years?  Also, does it matter that he is only a year and a half from being 18? If he chooses to stay in the UK to attend University, will he be treated as a resident or an international student? If he does get an ILR, could he be extradited to the US in case of a draft? (Not trying to get political please!) I appreciate any experience anyone might have had coming over with an older child. Thanks!

Courtney~

Your question about the draft is not answered on the Selective Service System web site.
http://www.sss.gov/

Unless there is some change to the law when and if the draft is reinstated, you should assume that the draft board would contact him at his address in the UK, which he is obligated to give the draft board, and the draft board would probably direct him to go to the transportation office at one of the US Air Force bases in England.  The transportation office would either get him a lift back to the United States on an Air Force transport plane or a civilian charter, or it would give him paperwork to exchange for a ticket on some US carrier such as United Airlines.  If drafted into the Army, he would probably be told to go to Fort Dix New Jersey; if drafted into the Navy, then Florida; if drafted into the Marines, North Carolina.  It is not likely the Air Force would take draftees.

Jim

Jersey; if drafted into the Navy, then Florida;

Well I'll be dipped.  I thought they closed Orlando down a good while back.  I did my Navy boot camp there and always wanted to revisit someday, then I read that the DoD closed it.   :\\\'(  Heartless bastards.  But if it's open again,  I'll finally make a point of going!

I stand corrected by Garry.  Great Lakes Illinois.

JH

As to the university question, your son will have to have resided in the UK for 3 years to be considered a "home" student rather than an international one.  And that is regardless of his immigration status (ILR or LLR or even citizenship).

I don't know for sure, but I would assume that your son would get ILR as well because you'll be listing him on your application - he shouldn't be filling out a separate one.

But you will need proof of permission from his father in order to apply.

As to the university question, your son will have to have resided in the UK for 3 years to be considered a "home" student rather than an international one.  And that is regardless of his immigration status (ILR or LLR or even citizenship).

Agreed.  And not just resident, but "ordinarily resident".  The case that established whether or not students could accrue ordinary residence is at  http://www.angelfire.com/co4/legalstuff/19832AC309.html

Thank you all! That is helpful information!

Courtney

Now I have a new question though.    What would they educational system do with him until he is 18? In the US he would be going into his senior year of HS but from what I understand there, he would be of the age to do A levels. Would they take him at all since he is over 16? This is confusing..

Courtney

Yes...but he may have to do an extra year or two due to the differences in our educational system.  He would definitely not go into the last year of 'high school' here.  You might want to post in the parenting part of this site to see if anyone else went through this.

He would probably enrol in what is considered "college" or 6th Form here - and study for his A-levels for entry into university.  If I were you I might call the actual schools in the area you're relocating to and ask them what their policy is regarding students in your son's position.

School is voluntary after the age of 16 here in the UK, but I'm sure you want your son to finish his education and continue on to university! 

Thanks everyone. I certainly don't think an extra year of school would hurt him but he might not agree

Courtney