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How do I bring my Fiancee and our daughter to the UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Bamwiseki
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How do I bring my Fiancee and our daughter to the UK

Post by Bamwiseki » Fri Jun 05, 2015 7:59 pm

Please, I need help. My Fiancée and our daughter are stuck in Uganda because she cannot pass the English test exam. I am a Naturalised British working in the UK as a civil servant, I have enough Income of £31,000 annually. She has since 2013 failed the language exam four times. She struggles on the Listening and Reading, but has on those occasions passed, writing and Reading. She applied for a visa first time and was refused because she had not scored enough points in all areas examined. I appealed on her behalf reasoning that since the total average came to 5.5 points and was not coming to the UK to pursue an academic course, still the appeal was rejected that she had to fulfil all the criteria. I am told that our daughter qualifies for British citizenship by descent. I have done a paternity test that has proved that I am the biological father. We were planning to get married in the UK as it is cheaper to go to the registry, and I can not travel to Uganda to organise a wedding as I have two teenage sons 12 and 13 years on living with me as a single parent, and go to school in the UK.

Now my question is: What is the most appropriate way to bring my daughter and her mother to the UK?

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CR001
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Re: How do I bring my Fiancee and our daughter to the UK

Post by CR001 » Fri Jun 05, 2015 10:53 pm

I don't think there is any way under the UK Immigration rules that she can apply for a visa if she does not pass the English test whether she applies as your fiance or your wife, the requirement is the same.
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sagareva
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Re: How do I bring my Fiancee and our daughter to the UK

Post by sagareva » Sat Jun 06, 2015 7:25 am

1. About the test, all she needs is a pass in new IELTS LIfe skills which is much easier than all four components, so perhaps she needs to go try sitting that one. it was introduced in april and is a simplified test for those in family routes.

failing that

2. about your daughter

so she was born abroad?
and you were already citizen at the time?

if yes and yes, you can apply for a british passport for her abroad or a certificate of the right of abode

does your girlfriend have any previous visa refusals?

have her apply then for a family visitor visa to take the daughter for parental visitation to the UK. fly with them or at least give her a letter AND be in the airport because with her English she can get in all sorts of trouble not being able to explain stuff on the border or she will say the wrong thing.

then establish the daughter as living here, attending nursery etc etc and explore some sort of application for the mother under access to child route (I have no experience with that, but you need to look into it)

this is the best i can think of

but

if you were not yet a citizen when your daughter was born, and she was born abroad, then this will not work because she would need to be registered as a citizen and this is unlikely to happen if she never lived in the UK and has a custodial mother without any right to even enter it.

so we need more info basically

but do look into life skills test, and plus, she never needed 5.5 on ielts, she only needed A1 level
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Bamwiseki
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Re: How do I bring my Fiancee and our daughter to the UK

Post by Bamwiseki » Sat Jun 06, 2015 3:06 pm

Sagareva,
Many thanks for your enlightenment on this crucial matter. Now let me give some further details that could clear out a few things.

1. I naturalised as a British Citizen in 2000. Yes, my daughter was born abroad 2013 in Uganda which is a Visa Mandatory Country. And when I looked at the Foreign and Commonwealth website, it appeared to state that my daughter qualifies for British Citizenship by decent, although if her children were ever to be born abroad they would not be British. On 03/06/15 I applied to the Overseas Registration Unit of the FCO in the UK to register my daughter's birth. Among other requirements I submitted a DNA paternity report from the Home Office's recommended agent, which shows that I am the biological father.

Therefore as you have advised, assuming that the registration goes through, I would be able to apply for a her British passport abroad.

Qn: Can I apply for her passport in the UK given the fact that I have almost the required documents here in the UK which I used to apply for the registration of birth?

2. Yes, my fiancée has a refusal on paper but not in her passport, because she had met all the requirements for the Fiancee visa had she not failed to meet the English test requirement.

These are her current results of the IELTS of 22/04/2015:- Listening 4.0, Reading 4.0, Writing 5.0, Speaking 6.5, Overall Band Score 5.0, CEFR Level B1.
On the Family Visitor's my worry is that the Entry Clearance Officer will reason that having failed to satisfy the English requirement, she has decided to avoid it by applying for a visitor's visa, for her to reach in the UK and never go back, hence refuse her application.

As you have rightly said the only viable route is to sit the Listening ad Speaking exam.

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Re: How do I bring my Fiancee and our daughter to the UK

Post by CR001 » Sat Jun 06, 2015 3:12 pm

It is unlikely that she will be granted a visitor visa as her intention to settle with a British partner is documented following her previous refusal and she would have difficulty in convincing ECO that she will leave the UK after her visit. She also will have difficulty gettin married in the UK on a standard visitor visa.
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Re: How do I bring my Fiancee and our daughter to the UK

Post by Casa » Sat Jun 06, 2015 4:23 pm

Marriages which involve foreign nationals who have no settled status in the UK may now be required to give 70 days notice at the Home Office's discretion while they investigate. The Registrar is legally bound to report the notification of marriage to the Home Office. As it's against Home Office Immigration policy to marry while on a visitor visa this could disrupt your plans, especially as the authorities will be aware of the refused Spouse visa when they check your fiancee's records.
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WeepNotChild
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Re: How do I bring my Fiancee and our daughter to the UK

Post by WeepNotChild » Sat Jun 06, 2015 6:49 pm

I guess the only alternative is for your fiance to start training for those tests. It'll take a few years but you don't have much of a choice.
I know a friend whose French-speaking wife is doing the same.

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