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Child joining mother

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Xina09
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Posts: 4
Joined: Tue Oct 16, 2018 10:46 pm
Portugal

Child joining mother

Post by Xina09 » Tue Oct 16, 2018 11:07 pm

Hi
can someone please help me with information.
I would like my child to join me in the uk.
Who do I contact and what do I need.
Can a family visa be swapped for settling/permanent stay.
She does not have a EU passport.
Thanks

vinny
Moderator
Posts: 32800
Joined: Tue Sep 25, 2007 7:58 pm

Re: Child joining mother

Post by vinny » Tue Oct 16, 2018 11:45 pm

What you need depends on your and your child's circumstances and your immigration status. These determine the category that the child will applying under. It may be helpful if you can supply more information.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Xina09
Newly Registered
Posts: 4
Joined: Tue Oct 16, 2018 10:46 pm
Portugal

Re: Child joining mother

Post by Xina09 » Wed Oct 17, 2018 9:45 pm

Hi Vinny
What more info do u need?
She is 14 will be visiting me with the family visa.
I want her to come live with me.

vinny
Moderator
Posts: 32800
Joined: Tue Sep 25, 2007 7:58 pm

Re: Child joining mother

Post by vinny » Wed Oct 17, 2018 10:33 pm

For example:

Are you settled in the UK (e.g. Have ILR) or British?

Information on the other parent?

Who is looking after your child now?

Do you have sole responsibility over the child?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Xina09
Newly Registered
Posts: 4
Joined: Tue Oct 16, 2018 10:46 pm
Portugal

Re: Child joining mother

Post by Xina09 » Mon Oct 22, 2018 11:33 pm

Hi Vinny

I'm a EU national in the UK.
My daughter is south African and do is her dad.
She lives with her dad who is now married.
We have shared responsibility.

Can I apply for her to stay while she is here during her visit. Swap her visa?

vinny
Moderator
Posts: 32800
Joined: Tue Sep 25, 2007 7:58 pm

Re: Child joining mother

Post by vinny » Tue Oct 23, 2018 1:57 am

If you are a qualified person (or have PR) and have primary responsibility over child, then yes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Child joining mother

Post by Obie » Tue Oct 23, 2018 2:03 am

vinny wrote:
Tue Oct 23, 2018 1:57 am
If you are a qualified person (or have PR) and have primary responsibility over child, then yes.
I am not sure Primary Responsibility is a requirement under the regulation. It may apply to the rule, for a person to qualify under Regulation 7 as a child, i believe only the evidence of such a relationship is required.
Smooth seas do not make skilful sailors

vinny
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Posts: 32800
Joined: Tue Sep 25, 2007 7:58 pm

Re: Child joining mother

Post by vinny » Tue Oct 23, 2018 2:08 am

Thanks, Obie.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Child joining mother

Post by Obie » Tue Oct 23, 2018 2:39 pm

For completeness Vinny and to amend what i had previously said, i thought i make a small change. Primary responsibility is indeed found in the regulations, albeit in a different context.

It does exist in regulation 16(8), in relation to derivative right of residence.

I thought i clarify that part of my statement as i had said this concept is only found in the Immigration rules.
Smooth seas do not make skilful sailors

Xina09
Newly Registered
Posts: 4
Joined: Tue Oct 16, 2018 10:46 pm
Portugal

Re: Child joining mother

Post by Xina09 » Thu Oct 25, 2018 7:21 pm

Thank you

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