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17 year old daughter on spousal visa

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Marcuswk
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17 year old daughter on spousal visa

Post by Marcuswk » Tue Oct 01, 2019 6:31 pm

Hi all, new to this so hoping for some advice support on various immigration issues as I look to move my American wife to live with me in the UK
I am a UK national born and bred and my wife of 6 months is American - we are about to apply for the UK spousal VISA to move her over to live with me and don't envisage any problems other than the expense of the move and the wait.

Current open topic is she has a 17 year old daughter who lives with her as her dependant in the US and would also like to move over with her mum and live with me - I can support them financially. Question though is what would happen to her immigration status when she turns 18 which she does in February - will she loose the right to stay in the UK as she is no longer classed as a dependant or does the fact she gets granted a VISA mean she can stay for at least 2 years and would only be an issue when this runs out - granted at that point she would need to apply on her own rights

Concern is we go through the costs and upheaval of moving her only to find out she cant stay beyond her 18th - anyone had a similar situation?

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CR001
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Re: 17 year old daughter on spousal visa

Post by CR001 » Tue Oct 01, 2019 6:42 pm

She can remain on her visa provided she idea not leave your home and lead an independent life and this would apply to the next visa extension and eventual permanent residence after 5 years. Evidence of non independent life needs to be submitted at those points.

Note that your spouse will have to prove sole responsibility for the child.
Char (CR001 not Casa)
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Marcuswk
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Posts: 2
Joined: Tue Oct 01, 2019 6:23 pm
United Kingdom

Re: 17 year old daughter on spousal visa

Post by Marcuswk » Tue Oct 01, 2019 6:47 pm

Thank you that sounds positive as was worried she may have to leave when she hits 18. Plan will be she will go to University at that point so fall back could be a student Visa but sounds like she wont need it

My wife was a widow so has sole responsibility for her daughter

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CR001
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Re: 17 year old daughter on spousal visa

Post by CR001 » Tue Oct 01, 2019 6:50 pm

Thank you that sounds positive as was worried she may have to leave when she hits 18. Plan will be she will go to University at that point so fall back could be a student Visa but sounds like she wont need it
She would need to be dependent on you for the whole 5 years to get ILR. Obviously she can do part time work etc, but her upkeep should ideally be met by you/mother.
My wife was a widow so has sole responsibility for her daughter
Sorry to hear that, but it does make it easier to bring the child.

If you meet the requirements, I suggest you apply as soon as possible.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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