EC of divorced mother of a British child

Facts - a british citizens marries in pakistan .never applied for ec of his spouse . A daughter is born in Pakistan and is issued british passport . Mother is divorced and gets custody of child from local family court . Mother intend to apply ec to accompany her daughter to uk .
Whether this is possible ?
Which rules?
Which form?

I don't think it's possible since the child is not UK resident.

Thanks for the opinion
Any case law which may be relied in appeal ?

If the applicant meets all the requirement of EC-PT and E-ECPT of appendix FM, then entry clearance will be issued.

Obie wrote:If the applicant meets all the requirement of EC-PT and E-ECPT of appendix FM, then entry clearance will be issued.

Even with the child NOT living in UK?

Yes the appendix I quoted is specifically for the parents of a child who lives or may not be currently living in UK, but are British or have settled status.

Remember a British Child is entitled to return home, just like a Brit is entitled to be joined by their spouse if they meet the requirement of Appendix FM.

Section E.ECPT 2.2 (b) of Appendix FM says that child must be living in UK (at the time of application for EC by the parent ).
However as per section 14 of immigration directorate Instruction on the Appendix FM Section 1.0a exceptional circumstances can be considered where immigration rules can not be met with.
But it can be very tough to prove.
Mother may consider sending the child to Uk under some care arrangement and later applying for her own EC

That is a good point. I missed the part where the child should be in the UK.


Wanderer you are right. Thought it applies to leave to remain only.

I believe in certain circumstances EEA family permit under Zambrano can be made.

But yes. Child has to be in the UK.

Is there a duration of time a child needs to have been in UK? If no,then send the child to UK and join her/him after.