Bringing my daughter over

[mteja]

Hello guys and merry christmas to all of you.

Most of you recently helped me with alot of information when i was applying for my spouse visa as an overstayer. Hence am back again hoping to get some more help/information about the next problem;

Right myself and my hubby we are planning to get my daughter over. She is in Kenya, she is 11years in feb 09, What do i need for the embassy in nairobi. i got my daughter when i was in school so never been in touch with the biological dad. she is living with my mum at the moment. myself and hubby been supporting her ie education,clothing etc.

- we got three bed flat
- we got good income in between the two of us
- we are not in benefit

pls advise what else we need! or rather what else the embassy might require from us.

Many thanks

[UKBAbble]

I think that as she lives with her mother you would not be able to sponsor her as you are not the only person who can look after her.

[Frontier Mole]

Did you state that you have a daughter in previous visa applications?
If not you have a huge problem - even if you can prove she is yours through DNA.

[sakura]

Did you state that you have a daughter in previous visa applications?
If not you have a huge problem - even if you can prove she is yours through DNA.

Ah, I'm glad you brought up the DNA issue. Which countries have signed the agreement to provide DNA proof for UK visas?

And, are there any other EU countries that have this policy in place?

Just curious to know....

[mteja]

Frontier M

Yes i did mention her in my application, as there was a place in that visa application form it asked if had any children and there name.

So yes i did

[Frontier Mole]

Ok, that is good.

The evidence you will need to provide is tedious but putting it together in a logical and clearly set out manner will help speed the process greatly.

Birth certificate - does it show your name on it? The original certificate from the time of birth is the best. Anything issued years after the birth will be looked on with suspicion.

A DNA test from one of the recognised providers to prove paternity will go a long way to showing she is your daughter. There is little hope of getting away from this as you have plainly left the child behind while making your life in the UK.

History of care - who looked after your daughter from birth to date. State why it was not you at all times and the circumstances behind that. If there was any informal or formal transfer of custody this should be covered.

Evidence of support - you need to show that you have provided financially for your child. If not state why not. The ECO expects you to have provided for your child in a way that demonstrates you have the financial responsibility for the child.

The last element will be the difficult part - showing who has exercised control over the child, who made the decisions in the child’s life, how you maintained this control and influence.

The whole package has to be well documented and demonstrated. Just stating she is your child means nothing, DNA proof does not get you through on its own right.

[mteja]

Frontier Male

Happy new year!!

Just a thought both myself and my hubby are thinking! Just incase the UK way of bringing my daughter doesnt work, do u think the europe way might be abit straight foward. I mean my hubby is thinking of taking a contract job in europe, we move there, maybe for 12months, that way is it possible to get my daughter join us ? Pls advise!

[Frontier Mole]

EEA route is a generally a better bet.
Need someone with far better knowledge of the EC rules to give you advice on how adoptive children fit into the EEA system. Never dealt with this before - sorry.

Vinny??

[vinny]

If husband is British (or an EEA national), then the EEA route as a family member of a UK national (21.4.8 - Non-EEA Family Members of British Nationals (Surinder Singh cases)) is probably easier. It seems to be sufficient for your British husband to a worker or self-employed person in another EEA country before returning to the UK and for your daughter to be under 21. Sole responsibility is apparently not required.

[Rozen]

Sole responsibility is apparently not required.

May be in theory!
But in practice, when you make an EEA FP application at the Bristish Consulate, they still ask for it!
So she may have to prove, somehow, that the biological father of the child is non-existent.
They might not ask for proof, but better to be prepared.

[Ben]

my hubby is thinking of taking a contract job in europe, we move there, maybe for 12months, that way is it possible to get my daughter join us ? Pls advise!

Yes, it would be an automatic right.