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Hello all,
Please I need your help; in fact, I am a settle parent in UK my daughter visited me on visitor visa and refused to go back home hence she is with me here right now and is 16 years old.
I am looking to switch her visa from visitor to settle person. Is this possible?
I was reading online and noticed that a child can only be given the same type of visa on which the parent hold, this means because I have indefinite leave to remain my daughter is eligible to be my dependent and can only apply for indefinite leave to remain. Is this correct? If not, what will be the correct application to make for her? Please i am waiting for any suggestion from you guys.
Thanks all for reading my concerns and your support, may the almighty bless you all

A person cannot usually switch from a visitor visa to another immigration category in the UK.

You were also already advised on the process when you asked last year and the same will apply,you have to prove sole responsibility if you wish your daughter to live in the UK.

immigration-for-family-members/child-15 ... l#p1942593

One can't switch from a visit visa to any form of residence visa from within the UK.

Your daughter will have to return to her home country and make a child dependent visa application.

What is your UK immigration status? Are you on ILR or are you on Settled Status under the UK Immigration Rules?

Also,what is the UK Immigration status of the other parent? Or do you have sole responsibility (ideally, a court order of custody) for the child?

Keep in mind that the child will get the UK immigration status of the less-privileged parent, unless you can prove sole responsibility.

CR001 wrote: ↑

Wed Sep 22, 2021 7:11 am

Where is the other parent and what is their immigration status?

Thanks for the question CR001,

I have a sold responsibility on my daughter, she was living with my mother, the other parent is not in UK.

Thanks

Batou1956 wrote: ↑

Wed Sep 22, 2021 7:16 am

I have a sold responsibility on my daughter

Would you be able to demonstrate it with a court order or an agreement made with the other parent, for instance?

secret.simon wrote: ↑

Wed Sep 22, 2021 7:13 am

One can't switch from a visit visa to any form of residence visa from within the UK.

Your daughter will have to return to her home country and make a child dependent visa application.

What is your UK immigration status? Are you on ILR or are you on Settled Status under the UK Immigration Rules?

Also,what is the UK Immigration status of the other parent? Or do you have sole responsibility (ideally, a court order of custody) for the child?

Keep in mind that the child will get the UK immigration status of the less-privileged parent, unless you can prove sole responsibility.

Thanks Dear,
I am a settle person in UK and have sole responsibility on my daughter, my daughter can not go back and I dont really want her to go back we are family here.
Any suggestion?

Thanks

secret.simon wrote: ↑

Wed Sep 22, 2021 7:18 am

Batou1956 wrote: ↑

Wed Sep 22, 2021 7:16 am

I have a sold responsibility on my daughter

Would you be able to demonstrate it with a court order or an agreement made with the other parent, for instance?

Yes I can demonstrate that with all documents
Thanks

Batou1956 wrote: ↑

Wed Sep 22, 2021 7:21 am

I am a settle person in UK

Again, under the Appendix EU or under a different part of the Immigration Rules?

Batou1956 wrote: ↑

Wed Sep 22, 2021 7:21 am

my daughter can not go back

Why can she not go back?

I do not see any way other than her leaving the UK and moving to a country where she has residence rights (such as the country of her citizenship(s)) and making a child dependent application from there.

secret.simon wrote: ↑

Wed Sep 22, 2021 7:26 am

Batou1956 wrote: ↑

Wed Sep 22, 2021 7:21 am

I am a settle person in UK

Again, under the Appendix EU or under a different part of the Immigration Rules?

Batou1956 wrote: ↑

Wed Sep 22, 2021 7:21 am

my daughter can not go back

Why can she not go back?

I do not see any way other than her leaving the UK and moving to a country where she has residence rights (such as the country of her citizenship(s)) and making a child dependent application from there.

I got my indefinite leave to remain under familiy and private life 5 years route (Father of a Brtish child).

I dont want her to go back as my mother who was looking after her back home is not well, her health has deteriorated and my daughter feel home here with her brother and sister.

Thanks

Batou1956 wrote: ↑

Wed Sep 22, 2021 7:38 am

feel home here with her brother and sister.

"Feels at home" is neither here nor there. The Home Office does not make decisions on feelings.

Your daughter is 16 years old. Surely she can stay on her own for a while in her home country while her child dependent visa is being considered.

Cases like these, where people arrive on visit visas and then do not leave because it "feels like home" makes it harder for other people to get their families here for genuine short visits.

EDIT: Being realistic, your daughter will likely feel the full force of the "hostile environment" if she continues to reside in the UK. She will not be eligible to either study or work in the UK on a visit visa.

She will almost certainly not be given ILR as she has not arrived here on a child dependent visa. She may be given Leave Outside The Rules with a 10 year path to ILR.

Even assuming that she gets ILR (highly improbable), if she were to go to university in England, she will be charged Overseas student fees with no access to student finance as she has not resided for three years in the UK.

Batou1956 wrote: ↑

Wed Sep 22, 2021 7:21 am

secret.simon wrote: ↑

Wed Sep 22, 2021 7:13 am

One can't switch from a visit visa to any form of residence visa from within the UK.

Your daughter will have to return to her home country and make a child dependent visa application.

What is your UK immigration status? Are you on ILR or are you on Settled Status under the UK Immigration Rules?

Also,what is the UK Immigration status of the other parent? Or do you have sole responsibility (ideally, a court order of custody) for the child?

Keep in mind that the child will get the UK immigration status of the less-privileged parent, unless you can prove sole responsibility.

Thanks Dear,
I am a settle person in UK and have sole responsibility on my daughter, my daughter can not go back and I dont really want her to go back we are family here.
Any suggestion?

Thanks

It is not really a function of you not wanting her to go back.
Instead of the visitor visa you got for her to come into UK, was there a reason why you didn't go directly for the appropriate route that will make her stay and be with you as family?
As other stated, look forward to hassles.

Good evening all,

Please cab someone share with me the link for the fee waiver application?

Thanks and God bless you all

Cheers

Shalom

See also visit visa.

vinny wrote: ↑

Sun Sep 26, 2021 5:29 am

See also visit visa.

Good morning Dears,

Please does anyone has an idea on how long the fee waiver application take after documents have been uploaded in the system?

Thanks for your understanding and cooperation

Batou1956 wrote: ↑

Sat Sep 25, 2021 9:29 pm

Please cab someone share with me the link for the fee waiver application?

If you can't afford the fees, then how will you be able to afford to pay for any medical care your daughter might want?

It's changed a lot since you were an overstayer as the UK has brought in laws to make a "hostile environment" to make it hard for overstayers: secret.simon spoke of this above.
e.g.
The Immigration Act 2014
The NHS changes in April 2015
The Immigration Act 2016
The NHS England changes in October 2017.

In additions to what secret.simon said, it also means not being allowed to rent, or be in a rented property, or rent a room/s with the landlord in the property (tenancy agreement holder can be evicted if they allow illegal immigrants and landlords get fined or prison).

No NHS for free unless that service is free for visitors; no driving; no bank accounts. NHS England must refuse treatment if not paid in full in advance. Human Rights means only life saving treatment must be given without payment in advicne to allow the visitor to return home for treatment and that is still billed and the bill cannot be waived. NHS debts can be collected from your employer before your salary is paid, or from your benefits/state pension, or your goods sold to pay towards the debt (via debt collectors). NHS debts can effect further visas to enter or remain in the country.