British by descent right of Indian mother

My brother who is British went to India married and later had a child in India recently he applied for British passport for child as by descent the child was entitled. Now the wife he had found out been having an affair recently and she is saying to him if you don’t sponsor me to UK I can as I in my own rights through the child who’s British can enter my first question is this true and in which way and process can she ? If worst comes to worst can brother bring the child back on his own as she doesn’t look after the child but leaves her with in laws and goes out Would he be able to bring without any problem from India to Uk? Finally she has said if he doesn’t take her as she’s legally married to him, then she could ask her cousin who’s British to sponsor her on visitor visa and overstay, then with the child she says she won’t be deported and can claim benefits for the child as single mother? Please any advise on these issues appreciated

vicky321 wrote: ↑

Wed Sep 18, 2019 6:14 pm

? Finally she has said if he doesn’t take her as she’s legally married to him, then she could ask her cousin who’s British to sponsor her on visitor visa and overstay, then with the child she says she won’t be deported and can claim benefits for the child as single mother? Please any advise on these issues appreciated

For visitor visa the applicant has to show social ties with his/her own country to convince the visa officer that he/she will return back. But in case of British child a visitor visa will unlikely be approved because it will give a clear hint that she won't return.

But she won’t apply with the child she’ll just get her cousin to apply for her as the child will be able to go on her own. As to her having any rights with the child in India to come over has she got options?

vicky321 wrote: ↑

Wed Sep 18, 2019 7:08 pm

But she won’t apply with the child she’ll just get her cousin to apply for her as the child will be able to go on her own.

But she will still need to give detail of British child on visitor visa application.

What if she doesn’t show the child as her and her husband although had Hindu marriage havnt had Court marriage

vicky321 wrote: ↑

Wed Sep 18, 2019 7:19 pm

What if she doesn’t show the child as her and her husband although had Hindu marriage havnt had Court marriage

Lying/hidding material information/misrepresenting etc all leads to deception for which visa authorities excercise no discretion. Deception also leads towards the cancellation of visa and deporting the person with certain years of ban to reenter. Also a legally conducted marriage anywhere outside the UK is also accepted as valid in UK which also need to declare on the application

As to the issue of her coming over within her own right with the child who’s British can she and how would that be possible?

She maynot meet following mandatory conditions of parent of British child visa:

E-ECPT.2.3. Either -

(a) the applicant must have sole parental responsibility for the child; or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant; and
(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.

E -ECPT.2.4.
(a) The applicant must provide evidence that they have either-
(i) sole parental responsibility for the child; or
(ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.

Hi.
Seagul is right. You can tick all box if you can some how come to UK with your child. I think even anyway .

As my brother is British he will come back to the UK and the child will be with her in her custody in India. So as at the time of her being sole custodian can she bring the child over and come over herself to the UK of not joe or maybe sometime in future. As someone in the UK said when the child is 12 years old she had Entitlement to come and stay. Is this correct and can she come then or even before?

seagul wrote: ↑

Wed Sep 18, 2019 6:31 pm

But in case of British child a visitor visa will unlikely be approved because it will give a clear hint that she won't return.

vicky321, talking about the likelihood of getting a tourist visa approved, it seems quite low as it may be seen she's seeking for entry clearance just to overstay. Her husband and child are British. In theory, she has strong family ties to the UK, thus she may overstay like it's her intention indeed. So no, it will be difficult for her to get a visitor visa. Further, if she doesn't meet the criteria to enter to the UK as a parent of British child visa either, she won't have the right to stay. Believe it or not, having a British child doesn't give the right to the other parent to enter and settle easily in the country.

vicky321 wrote: ↑

Wed Sep 18, 2019 6:14 pm

can brother bring the child back on his own as she doesn’t look after the child but leaves her with in laws and goes out Would he be able to bring without any problem from India to Uk?

Your brother must be very careful about this, it isn't simply as you have said and if he leaves India with the kid without her consent, she may be entitled of accusing him of child abduction. Of course this depends on the law in India, but it's something to be careful about.

1. Even though the child is British and living with your sister in law at the moment, your brother and her have shared custody (responsibility) of their child since they are married. If he can prove she indeed doesn't look after the kid and leaves him with the in laws, that would be a strong evidence towards bringing him without issues from her side.
2. Are they in talks of getting divorced or is your brother planning to divorce her? Because if that's the scenario (divorce her), he could prove she's not taking care of the child and request sole responsibility. It wasn't clear from your previous message, but who's having the affair? The woman or your brother? Because if it's the woman, he could gather evidence in event of divorce.

She’s having the affair and she wants to use the child to gain entry to the UK. Without my brother. Someone advised that she could as parent of British child gain entry to the UK. Don’t know if that’s later on eg 12 years or before

vicky321 wrote: ↑

Thu Sep 19, 2019 3:09 am

Without my brother. Someone advised that she could as parent of British child gain entry to the UK.

seagul wrote: ↑

Wed Sep 18, 2019 9:01 pm

She maynot meet following mandatory conditions of parent of British child visa:

E-ECPT.2.3. Either -

(a) the applicant must have sole parental responsibility for the child; or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant; and
(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.

E -ECPT.2.4.
(a) The applicant must provide evidence that they have either-
(i) sole parental responsibility for the child; or
(ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and
(b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.