Hi, in need of advice on how to bring daughter to uk.....

[so-confused]

Hi, new to this so please be patient!!
Wondering if anyone out there can give advice on requirements for child dependent visa - I want to bring my daughter from previous marriage in Phil (12 yrs old) to Uk to live with myself (now Uk citizen) and british partner and our 2 kids. My ex-wife (annulment in process) has new partner, family etc and our daughter is unhappy and wants to move here, her mother is in agreement and is willing to give up custody. Problem is under requirements I need to show or proove 'serious reasons' why she should come to uk - is this enough, the fact she wants to come and her mother agrees???!! seems like it should be pretty straightforward but these things are far from that!! Anyway, any advice would be greatly appreciated!!

[Terpe]

Hi so-confused, welcome to the forum.

Firstly, does your daughter have a British Passport?
If not, is she eligible?
She may be eligible thru you under conditions

[so-confused]

Hi, thanks for your response, she doesn't have British passport and it seems looking at the home office website that it would be at their 'discretion' whether or not she would be eligible, we need to get her here first!

[Terpe]

so-confused

Please look here:-
http://www.ukba.homeoffice.gov.uk/partnersandfamilies/children/childpermanentresident/

and here:-
http://www.ukvisas.gov.uk/en/ecg/settlement/children


The major issues are:-

Children cannot normally come to settle in the UK unless both parents are settled here or have been given permission to come and settle here. The only exceptions are where:

■ one parent is dead and the other is settled or coming to settle here; or
■ the parent who is settled or coming to settle in the UK has had sole responsibility for the child's upbringing; or
■ one parent is settled or coming to settle in the UK and there there are serious reasons why the child must be allowed to come here.

Please read and consider the information in the above links.
One of the issues you will need to resolve is that of either ‘sole responsibility’ or 'Serious and compelling family or other reasons'


Both of these requirements can cause many applications to be very complex, as the meaning of the terms cannot be precise.
Every family’s situation is unique.

I have personally never seen any written information or guidelines from The UKBA on specifically how to prove either sole responsibility status, or serious and compelling reasons.

In terms of 'sole responsibility' you will need to think about how to satisfy the UKBA that the sponsoring parent has, usually for a substantial period of time, been the main person exercising parental responsibility for the child.
This means that the sponsoring parent has had and still has the ultimate responsibility for the major decisions relating to the child’s upbringing and provides the child with the majority of the financial and emotional support it requires.
The sponsoring parent must show that he or she has had, and continues to have, care and control of the child.

There are a number of forum members that have successful experience under similar conditions.
Hopefully they may respond with specific details.

There are also a number of threads here on the forum that will help. Just make a search

Without clearly meeting the requirements I would strongly advise consulting a specialist immigration advisor.
Preferably one who has had success with children.

[joebloggs]

what type of visa do you have ?

[sars_notd_virus]

you need to wait for the annulment process to be done and about the custody ,the child is capable to choose where she wants to stay or be with, the father or the mother as she is already 12 years old.

[Terpe]

so-confused

Found some more helpful information here:-
http://www.yourrights.org.uk/yourrights/rights-of-immigrants/persons-subject-to-domestic-immigration-controls/children.shtml

[so-confused]

Wow, thanks for all the information, I've got lots of research to do!! and I think we need to see a professional immigration adviser but there's definately hope, thanks again

[joebloggs]

what type of visa do you have ?

:Erm:

[Terpe]

Joe,
so-confused in UK citizen now

per original post:- "I want to bring my daughter from previous marriage in Phil (12 yrs old) to Uk to live with myself (now Uk citizen) and british partner and our 2 kids. "

[joebloggs]

My ex-wife (annulment in process) has new partner,


Joe,
so-confused in UK citizen now

per original post:- "I want to bring my daughter from previous marriage in Phil (12 yrs old) to Uk to live with myself (now Uk citizen) and british partner and our 2 kids. "

:Erm:

[so-confused]

Hi, I'm now a British citizen

[joebloggs]

annulment in process, so your not married to a Brit, you got your citizenship from a workpermit ?

[so-confused]

Hi, no I am seeking an annulment in the philippines but I came to Uk with my british partner on an 'unmarried visa' about 8 yrs ago - I now have British citizenship (it's a long story.....)

[joebloggs]

as terpe has mentioned you need to show you have 'sole responsibility' :NoNo: