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Child joining mother

Posted: Wed Oct 17, 2018 12:07 am
by Xina09
Hi
can someone please help me with information.
I would like my child to join me in the uk.
Who do I contact and what do I need.
Can a family visa be swapped for settling/permanent stay.
She does not have a EU passport.
Thanks

Re: Child joining mother

Posted: Wed Oct 17, 2018 12:45 am
by vinny
What you need depends on your and your child's circumstances and your immigration status. These determine the category that the child will applying under. It may be helpful if you can supply more information.

Re: Child joining mother

Posted: Wed Oct 17, 2018 10:45 pm
by Xina09
Hi Vinny
What more info do u need?
She is 14 will be visiting me with the family visa.
I want her to come live with me.

Re: Child joining mother

Posted: Wed Oct 17, 2018 11:33 pm
by vinny
For example:

Are you settled in the UK (e.g. Have ILR) or British?

Information on the other parent?

Who is looking after your child now?

Do you have sole responsibility over the child?

Re: Child joining mother

Posted: Tue Oct 23, 2018 12:33 am
by Xina09
Hi Vinny

I'm a EU national in the UK.
My daughter is south African and do is her dad.
She lives with her dad who is now married.
We have shared responsibility.

Can I apply for her to stay while she is here during her visit. Swap her visa?

Re: Child joining mother

Posted: Tue Oct 23, 2018 2:57 am
by vinny
If you are a qualified person (or have PR) and have primary responsibility over child, then yes.

Re: Child joining mother

Posted: Tue Oct 23, 2018 3:03 am
by Obie
vinny wrote:
Tue Oct 23, 2018 2:57 am
If you are a qualified person (or have PR) and have primary responsibility over child, then yes.
I am not sure Primary Responsibility is a requirement under the regulation. It may apply to the rule, for a person to qualify under Regulation 7 as a child, i believe only the evidence of such a relationship is required.

Re: Child joining mother

Posted: Tue Oct 23, 2018 3:08 am
by vinny
Thanks, Obie.

Re: Child joining mother

Posted: Tue Oct 23, 2018 3:39 pm
by Obie
For completeness Vinny and to amend what i had previously said, i thought i make a small change. Primary responsibility is indeed found in the regulations, albeit in a different context.

It does exist in regulation 16(8), in relation to derivative right of residence.

I thought i clarify that part of my statement as i had said this concept is only found in the Immigration rules.

Re: Child joining mother

Posted: Thu Oct 25, 2018 8:21 pm
by Xina09
Thank you