Child of Resident Father but Non-Resident Mother

[drbsarkar]

Hi,
I wonder if someone can please guide me regarding how to go about getting an ILR for my 17 years old daughter.
I am a doctor resident in the UK on ILR. I am not yet eligible for citizenship due to a break in residency soon after being granted ILR, so I currently live and work in the UK with my ILR, waiting to qualify afresh for citizenship.
My wife and my daughter (now 17) have always lived in India due to elderly care issues and have been coming to the UK on short Visit Visas, and I have been travelling to India during my annual leave.
My daughter now wishes to study Geography in the University of Glasgow (yes, I am aware I have to pay International rate), so I am trying to explore the possibility of getting her my ILR to help her settle in the UK in future.
I understand (please correct me if I am wrong) that she will have to apply with her mother on her same application form, and if my wife's application is successful both of them will be given a Family Visa for 2.5 years on this occasion. I am not a single parent and I do not have sole parental responsibility of my daughter, so I do not know if there can be any other way around this, please advise if there is.
My wife has a stable job in India and has elderly care issues, so she will not be able to permanently relocate to the UK, she will only be visiting during her vacations. My daughter will be able to move to the UK, only after she has finished her A level in India and has secured admission into a UK University, so that will be another one year, which means that if she gets a Family Visa for 2.5 yrs now, she will only be able to live in the UK on this visa for a little over 1 year before she will have to reapply for extension.
But then, if my wife has not been resident in the UK on this initial 2.5 years Family Visa, will my wife be able to get the next extension?
My daughter at that time will be above 18 years, will her application (though this time will be on a separate application) still be linked to that of her mother? In which case, if her mother has not been resident in the UK, but my daughter has been resident for about a year on the initial family visa, will she get an extension for a second and a third time to complete her 5 continuous years of residency to qualify her to apply for her own ILR at the end of the 5 years, even if her mother has not been resident in the country all these years?
Please advise.
Many thanks
Kind regards
[[name removed by moderator]]

[vinny]

Without you having sole responsibility, I think wife and daughter should apply for entry clearances under Appendix FM, before daughter is 18. After they come to the UK, if your daughter remains in the UK without your wife, then it may be easier to prove that you have sole responsibility, or living together with you, etc., when she applies for ILR.

[drbsarkar]

Thank you so much Vinny for your time and prompt reply. Can you please advise what evidences I shall be needing to produce to prove sole responsibility when my daughter reapplies, as she will be mostly living in the University accommodation for her first year in her Uni, and her mother, though she will be in India, will have contacts with her through short visits. I shall be baring my daughter's entire expenses though.
Thanks again
Kind regards
[[name removed by moderator]]

[secret.simon]

@vinny, surely if the daughter resides in the UK without the mother, the only route to ILR would be the 10 year Long Residence route.

To the OP, please don't post personally identifiable information (such as names) in your posts. I have removed them from your earlier posts.

[drbsarkar]

@secret.simon thank you very much for your input. Since you are suggesting the 10 years route for my daughter if my wife is not going to settle in the UK, would you advise that it will be better to go for a student visa rather than spending money on expensive family visa and then go via Post Student Work Visa and Work Permits and earn her owh ILR in due course, since my purpose for exploring ILR for my daughter is to help her study here and subsequently settle in the UK?
Or should I go for the 2.5 years family Visa at this stage to buy time and leave things to the future?
Kind regards

[vinny]

go for the 2.5 years family Visa at this stage to buy time and leave things to the future?

Yes. If father does not have sole responsibility, etc., then mother and child should apply.

@vinny, surely if the daughter resides in the UK without the mother, the only route to ILR would be the 10 year Long Residence route.

I think if father could subsequently prove sole responsibility, etc., then ILR is possible, provided child initially entered under Appendix FM.

[vinny]

Alternatively, if mother is not absent for more than two years, then she may extend and apply subsequently apply for ILR with child? Subject to subsisting relationship, English Language, KoLL, intention to settle, etc.

[drbsarkar]

go for the 2.5 years family Visa at this stage to buy time and leave things to the future?

Yes. If father does not have sole responsibility, etc., then mother and child should apply.

@vinny, surely if the daughter resides in the UK without the mother, the only route to ILR would be the 10 year Long Residence route.

I think if father could subsequently prove sole responsibility, etc., then ILR is possible, provided child initially entered under Appendix FM.

Hi Vinny thanks for your input, could you please suggest what might be my ways of proving sole responsibility in that case?
Thanks and regards

[vinny]

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