Seeking advice on bringing in my nearly 18 yrs old daughter to join me here in UK

[DAnn]

Hi all!

I'm a Filipino citizen on a spouse visa in the UK. I've only been here for 9 months. My British husband and I decided that it is best for my teenage daughter to join us here as she is currently under care of her grandma but things aren't going very well over there since I've been away. She started going to college last year but has since stopped. Now, my husband and I have read that to apply for a child's dependent visa, it is required that child must be below 18 years old at the time of application. The thing is she is turning 18yo in June... any advice and information would be much appreciated.

[DAnn]

Just wanted to add that we are not sure if there would be enough time to get all the necessary documents together including the IELTS test which whenever we looked has always been busy and looks like hard to get a schedule. Would she also still need to pass a TB test?

[joebloggs]

Just wanted to add that we are not sure if there would be enough time to get all the necessary documents together including the IELTS test which whenever we looked has always been busy and looks like hard to get a schedule. Would she also still need to pass a TB test?

There are five exemptions to the English language requirement:

There is no test centre in the applicant’s country of normal residence.
The applicant is aged 65 or over, or under 18 at the time of application.
The applicant has a Bachelor’s degree or higher which was taught or researched in English and evaluated by UK NARIC as meeting or exceeding the recognised standard in the UK.
The applicant is a national of a majority English-speaking country as defined by the UKBA.
Mental or physical incapacity, or exceptional compassionate circumstances, which would prevent the applicant from meeting the English language requirement.

http://www.ukmarriagevisa.com/englis...t-for-partners

Over 11yr olds need a TB TEST..

get her app done asp, because when she is 18 she has no chance

Read about sole responsibility here .... http://www.thaivisa-express.com/child-settlement-visa/

[DAnn]

Thank you for this info and advice joebloggs. We are somehow feeling a little bit more positive now knowing that my child is still exempted from the the IELTS exam. I was feeling a little worried because I know that IELTS takes time, from booking for exam date to getting the exam results. Looks like we have more time than we thought.

By the way we have just been reading on wwww.gov.uk about this new announcement regarding Health Surcharge! It's effective from today onward! Golly! £200 per year!

[DAnn]

Any advice and info regarding what requirements we need to prepare for her visa application?

Looks like we will have to pay extra £600 now for the Health Surcharge according to the gov.uk website so will be a total of a whopping £1,600 suddenly

[DAnn]

Hi all,

What is this EEA Family permit? Just wondering if this would be the right way to go in case we don't make it in time to apply for dependant visa before my child turns 18 in June

[DAnn]

Hi all any advice would be much appreciated. Thank you

[imagine]

just as joe said get her app done asp, because when she is 18 she has no chance, so get cracking

£1600 is a small price to get your daughter over here, don't worry you will manage that somehow ,
myself im sorry i can't help you with your other questions,
good luck

[Adhing]

Hi,

EEA family permit is applicable if your spouse/partner/family member/sponsor is an EU national living and working here in the UK.

I don't think you can use it because your partner/husband is a British national. You can check the link for further information regarding the EEA Family Permit.

https://www.gov.uk/family-permit/eligibility

[joebloggs]

Hi all,

What is this EEA Family permit? Just wondering if this would be the right way to go in case we don't make it in time to apply for dependant visa before my child turns 18 in June

Might be possible as under EU immigration law you're still a minor until you're 21, but you'll have to move to another EU country.

[DAnn]

Hello all.

Thank you very much for all the responses. We will push through with the child settlement visa/dependant visa and not with EEA. Didn't think it would be applicable for us or would be an easier way to get my child to come live with us here.

Another question though, about TB Testing... how do you book for TB testing in Manila these days? When I applied for my spouse visa in April 2013, I only had to walk in the morning and waited for hours and got my result in the afternoon of the same day. Is it still the same and are they open on Saturday? If so, I would be sending my daughter today.

Thank you all very much for your help and advice.

[Terpe]

Hello all.

Thank you very much for all the responses. We will push through with the child settlement visa/dependant visa and not with EEA. Didn't think it would be applicable for us or would be an easier way to get my child to come live with us here.

Another question though, about TB Testing... how do you book for TB testing in Manila these days? When I applied for my spouse visa in April 2013, I only had to walk in the morning and waited for hours and got my result in the afternoon of the same day. Is it still the same and are they open on Saturday? If so, I would be sending my daughter today.

Thank you all very much for your help and advice.

Hi DAnn,

Follow this link - Tuberculosis testing in the Philippines

[DAnn]

Hi all! Specially to those who has filed/succeeded in applying for their child settlement visa(dependant):

This question is to do with the "UNDER 18" section of the online application on the VISA4UK.FCO.GOV.UK website. We can't submit the application until we are sure that we have answered this correctly,

Does anyone here know why "MOTHER" is not in the drop down list options of "WHO ARE YOU STAYING WITH IN THE UK?"question. My child is definitely going to be living/staying with us, her parents.
We are trying to answer this with "STEPFATHER" (my British husband) and, myself as the "MOTHER" but like what I said, all other relatives are there in the drop down list options but not MOTHER or FATHER. We managed to put her STEPFATHER in the first line so far.

Also, in the PLEASE GIVE DETAILS OF YOUR PARENTS/GUARDIAN(S) IN YOUR HOME COUNTRY, the only options in the dropdown list are FATHER, MOTHER and LEGAL GUARDIAN. We just guessed that because my child is with my mother, then my mother is legal guardian (she is not father or mother obviously). It is the term "LEGAL GUARDIAN" that is bothering me a bit here because does that mean we will have to ask permission from the legal guardian to migrate my daughter then? There was no legal procedure needed when I left my daughter under my mother's care. My mother is just who I trusted to look after my daughter during my absence.

Hope to hear your advice, guys. Thank you!

[DAnn]

Thank you imagine! I agree with you, we will earn the money back again. My husband and I are both hard working people. Having the chance to guide my daughter in the right path would be priceless! She needs us. Things aren't going well for her back home now.

[DAnn]

Hi,

EEA family permit is applicable if your spouse/partner/family member/sponsor is an EU national living and working here in the UK.

I don't think you can use it because your partner/husband is a British national. You can check the link for further information regarding the EEA Family Permit.

https://www.gov.uk/family-permit/eligibility

We had a quick read and decided we will not use this route. We will try to apply for child settlement visa (dependant) instead. Thank you for your time and advice!

[DAnn]

might be possible as under EU immigration law your still a minor until your 21, but you'll have to move to another EU country.

thank you for advice and for your time joebloggs. we have decided we will not use the EEA family permit now. it sounds like there will be even more drastic decisions needed to be made if we did go down that route.

[DAnn]

Hi DAnn,

Follow this link - Tuberculosis testing in the Philippines

Thank you Terpe! I would like to share with you all that my daughter has passed the TB test. Also so glad to know that she is exempted from the english test. One less thing to pay specially now that there is the new fee £600 for the NHS on top of the visa fee.

[DAnn]

Also, just occurred to me and my husband to ask... is he the sponsor of my child or I am? I have only just started working a couple of months ago so I will not have sufficient financial support evidences but my husband is supportive and willing to sponsor my child.

[Arthur Little]

Also, just occurred to me and my husband to ask... is he the sponsor of my child or I am? I have only just started working a couple of months ago so I will not have sufficient financial support evidences but my husband is supportive and willing to sponsor my child.

Yes, DAnn ... to the best of my knowledge, it should be alright for your husband to sponsor his stepdaughter.

[DAnn]

Yes, DAnn ... to the best of my knowledge, it should be alright for your husband to sponsor his stepdaughter.

Thank you for your reply Arthur Little. Still hoping to hear some more from our friends here. Really not sure what is best to do. We were reading up about who should be the sponsor of my daughter on the application form, but we got mixed information. There were some who said I should be the sponsor and that my husband should just provide the financial requirement. But then there are also some who said, it should be my husband that should be the sponsor because he is my sponsor and that I cannot sponsor anyone yet because of my immigration status. I have only been in the UK for nearly 10 months now and working for two months now.

Help please!

[grahamw48]

I would have said that it should be your husband who is the sponsor, as you do not yet have settled status or British citizenship.

.
http://www.findlaw.co.uk/law/immigra...sas/30817.html

[DAnn]

I would have said that it should be your husband who is the sponsor, as you do not yet have settled status or British citizenship.

.
http://www.findlaw.co.uk/law/immigra...sas/30817.html

Thank you for your reply Grahamw48.
But is SPOUSE VISA, the kind of visa I am holding, that is allowing me to remain in the UK with my husband not a form of SETTLEMENT VISA? I thought I might be a "settled" person in the UK?

[DAnn]

I have read about "settled" person, found out that although I have a settlement visa but "settled" means ILR visa holder which I am not.

This has just made it a bit more clearer that my husband should be my child's sponsor. Do we stand a chance in getting a child settlement visa though? She is not his biological child but mine and I am not a settled person, nor is my daughter adopted by my husband

[grahamw48]

Maybe you need professional advice if you are uncertain as to how to interpret the regulations.

Yes, yours is a settlement visa, but NO you are not yet a 'settled' person, as you have not completed the whole process yet. Therefore, you cannot sponsor anyone for a UK visa.

Your husband can. He is the step-father to your daughter, and can therefore be her sponsor...as I was for my 2 Filipino stepchildren in 1996. (Don't need to be adopted).

I'm certainly not an expert on such things though, so I would urge you to search around on google, keep asking questions, and if time is getting tight...contact UKVI for up to date advice.

[DAnn]

Maybe you need professional advice if you are uncertain as to how to interpret the regulations.

Yes, yours is a settlement visa, but NO you are not yet a 'settled' person, as you have not completed the whole process yet. Therefore, you cannot sponsor anyone for a UK visa.

Your husband can. He is the step-father to your daughter, and can therefore be her sponsor...as I was for my 2 Filipino stepchildren in 1996. (Don't need to be adopted).

I'm certainly not an expert on such things though, so I would urge you to search around on google, keep asking questions, and if time is getting tight...contact UKVI for up to date advice.

Thank you Grahamw48. It will be my husband to sponsor my daughter now, thanks a lot for your advice! I understand the meaning of "settled" person now

[DAnn]

Hi all! Hope all is well with everyone. It is not really happy news for me and my family. My daughter's settlement visa application was refused. We just heard of the news today. She has been crying! And I am feeling a bit depressed. I don't know what to do now.
We all have been apart from each other for a long time. And we thought we had a chance to be a family again, here in the UK. I have found myself a job and am now a regular employee. I passed the probation period in the company. My husband has a stable job. We looked at our finances and we know that we would be able to provide for my daughter when she comes and she would get a job here as well if given a chance. We were just looking forward to being a family again.

My daughter needs to be with us. She started college in Manila in 2013 and has since stopped going to college due to personal reasons. She needs guidance and direction that I know my husband and I can provide when she is here with us. We can continue "skyping" with her but that is just not the same!

What do we do now?

[raynaputi]

What was the reason for the refusal?

[DAnn]

What was the reason for the refusal?

Hi Raynaputi! There are so many reasons that they wrote on the refusal letter. One of the things that was mentioned was that because there is water, electricity and internet access in the house where my child lives therefore they believe that she would be best to remain there and that if my child and I have managed to communicate via skype all this time, they don't see the reason why we cannot continue doing that so implying that my daughter and I do not necessarily need to be together.

It is 4 pages. My husband and I still can't believe that the application for my daughter to live with us has been refused. Also, it was mentioned that they do not believe that the application is not of convenience because she will be 18 soon. That is not the case though. It is just sad that she is really turning 18 but the point is, we thought we can apply before she is 18 and being nearly 18 when you apply, didn't mean you are applying for convenience sake.

We had hopes of being together and living together as family here. I don't know what to do. How much would an appeal cost? And how long would it take for a decision to be overturned? And if in case we did not appeal, would my daughter still be able to come and visit me here in the UK in the future or is she now banned from visiting the UK so the only way that I can see her is if I go home back to Manila? This is so heart-breaking!

[marksroomspain]

Don't lose hope contact Victoria Sharkey on 020 7953 3090 for free impartial advice, she is one of the best immigration advisers here in the UK as others here will vouch.

Take care, good luck, God bless...