Guidance required - Process to bring children from non EEA

Hello

I'm looking for any little bit of advice on my situation.

I've recently got my British citizenship, while my wife and 12 year old daughter live in India. My daughter would like to join me to live and study in the UK. My daughter and wife both have Indian passports.

1. What visa should my daughter apply for to join me in the UK.

2. Does she have to do this before a certain age. I've heard she would have to do it before she turns 18.

3. Any other factors that I need to bear in mind for her visa application. Restrictions, etc.

Any advice would be welcome and would be a big help to me and others in a similar situation. I tried looking up for similar topics but didn't find any, so if I have missed it, please copy the link in your replies.

Cheers and good luck everyone!

Will your wife be coming to the UK with your daughter?

CR001 wrote:Will your wife be coming to the UK with your daughter?

In most probability, she will not be coming since she looks after our business interests over there and also her ageing parents who are dependent on her. Short visits for her are not ruled out.

If daughter born in the UK, registration under Section 1(3) using Form MN1.

If daughter born outside the UK, her status will be inline with that of the less-privileged parent. Registration is at discretion and the Home Office advises that registration will only succeed if one parent is already a citizen and the other is at ILR and close to citizenship. Given that your wife is based in India, she likely does not have ILR and hence your daughter can not register.

She could apply for "family of a settled person" visa, but that is quite expensive and has high requirements. I believe (I could be wrong) she will qualify for ILR in her own rights in ten years time.

If your wife were to come along, I believe that she should get ILR in five years time and when she applies to be a British citizen, your daughter should be able to register (only if she reaches this milestone before she is 18).

Your daughter's fee status will be determined by her immigration status on the first day of her university studies. If she is not on ILR at least, your daughter will be treated as an overseas student and will pay full overseas rates at the university for the whole three-four years of the course. They are typically three-four times what a British/EEA student would pay.

You would need to show sole responsibility if your wife is not joining her/you. Has your daughter ever been to or lived in the UK?

CR001 wrote:You would need to show sole responsibility if your wife is not joining her/you. Has your daughter ever been to or lived in the UK?

Yes, my daughter and wife stayed with me for 3 months in 2010. How does one go about showing sole responsibility.

secret.simon wrote:If daughter born in the UK, registration under Section 1(3) using Form MN1.

If daughter born outside the UK, her status will be inline with that of the less-privileged parent. Registration is at discretion and the Home Office advises that registration will only succeed if one parent is already a citizen and the other is at ILR and close to citizenship. Given that your wife is based in India, she likely does not have ILR and hence your daughter can not register.

She could apply for "family of a settled person" visa, but that is quite expensive and has high requirements. I believe (I could be wrong) she will qualify for ILR in her own rights in ten years time.

If your wife were to come along, I believe that she should get ILR in five years time and when she applies to be a British citizen, your daughter should be able to register (only if she reaches this milestone before she is 18).

Your daughter's fee status will be determined by her immigration status on the first day of her university studies. If she is not on ILR at least, your daughter will be treated as an overseas student and will pay full overseas rates at the university for the whole three-four years of the course. They are typically three-four times what a British/EEA student would pay.

Wow !! Thanks. That throws a lot of light on my situation. Assuming that she wants to join me when she is 16 or 17 years, would she be able to apply for "family of settled persons" visa.

Not without her mother coming to settle too.

spiff1 wrote:

CR001 wrote:You would need to show sole responsibility if your wife is not joining her/you. Has your daughter ever been to or lived in the UK?

Yes, my daughter and wife stayed with me for 3 months in 2010. How does one go about showing sole responsibility.

Usually demonstrated by divorce &/or sole custody court order so not so relevant in your case.

vinny wrote:Not without her mother coming to settle too.

Thank you for the links. Just the info I need to understand this all.

noajthan wrote:

spiff1 wrote:

CR001 wrote:You would need to show sole responsibility if your wife is not joining her/you. Has your daughter ever been to or lived in the UK?

Yes, my daughter and wife stayed with me for 3 months in 2010. How does one go about showing sole responsibility.

Usually demonstrated by divorce &/or sole custody court order so not so relevant in your case.

True... Not relevant in my case. Pondering on what to do next....