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Child over 18 born overseas

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MelB
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Posts: 3
Joined: Sun Jul 14, 2019 1:49 am
Malaysia

Child over 18 born overseas

Post by MelB » Sun Jul 14, 2019 3:05 am

Good morning

I am the daughter of a British Citizen who started living in the UK in 1992 and became naturalised in 2000. I was born in Malaysia in 1997 and after that either my father regularly visited Malaysia or I would go visit the UK. At age 13, I started going to secondary school in the UK where I finished my GCSE's. Then went to Malaysia for further studies. But I always go back to the UK every summer holiday. Now I have finished my degree, I would like to remain with my father in the UK. I was wondering which visa I should apply for

-Non-British child of a parent (granted permission to be in the UK before 9 July 2012)
-Non-British child of a parent (granted or currently applying for permission to be in the UK on or after 9 July 2012)
-Adult dependant relative
Thank you

vinny
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Posts: 32785
Joined: Tue Sep 25, 2007 7:58 pm

Re: Child over 18 born overseas

Post by vinny » Sun Jul 14, 2019 9:37 am

When did you last depart from the UK?
What type of leave did you last have?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

MelB
Newly Registered
Posts: 3
Joined: Sun Jul 14, 2019 1:49 am
Malaysia

Re: Child over 18 born overseas

Post by MelB » Sun Jul 14, 2019 9:55 am

vinny wrote:
Sun Jul 14, 2019 9:37 am
When did you last depart from the UK?
What type of leave did you last have?
The last time I left was late August last year. It was on a Standard Visitor Visa

secret.simon
Moderator
Posts: 11026
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child over 18 born overseas

Post by secret.simon » Sun Jul 14, 2019 9:56 am

If you have passed your 18th birthday, you are no longer a child for the purposes of the law. Therefore you will not be able to rely on your father being able to sponsor you for immigration.

Therefore the two options below are out.
MelB wrote:
Sun Jul 14, 2019 3:05 am
-Non-British child of a parent (granted permission to be in the UK before 9 July 2012)
-Non-British child of a parent (granted or currently applying for permission to be in the UK on or after 9 July 2012)
The first option could have applied if you were granted a visa under the Rules before 9th July 2012 AND you remained resident in the UK. Check your passports to see if you were readmitted to the UK under this visa or as a visitor when you used to return for your summer holidays.
MelB wrote:
Sun Jul 14, 2019 3:05 am
-Adult dependant relative
This option has very onerous requirements that you will likely not meet. To apply for an ADR visa, the applicant must require care and support to carry out basic everyday actions (such as bathing and washing) AND such care and support is either unavailable or unaffordable in their home country.

If your father is willing to relocate to another (non-UK) EEA member-state and reside there for at least five years AND you are under 21 years of age, you could move to that non-UK EEA member-state to reside with him under EU law. But obviously that will only work if the process is started before Brexit and its future is uncertain.

EDIT: Overtaken by both Vinny and the OP's subsequent response.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

MelB
Newly Registered
Posts: 3
Joined: Sun Jul 14, 2019 1:49 am
Malaysia

Re: Child over 18 born overseas

Post by MelB » Sun Jul 14, 2019 10:17 am

secret.simon wrote:
Sun Jul 14, 2019 9:56 am
If you have passed your 18th birthday, you are no longer a child for the purposes of the law. Therefore you will not be able to rely on your father being able to sponsor you for immigration.

Therefore the two options below are out.
MelB wrote:
Sun Jul 14, 2019 3:05 am
-Non-British child of a parent (granted permission to be in the UK before 9 July 2012)
-Non-British child of a parent (granted or currently applying for permission to be in the UK on or after 9 July 2012)
The first option could have applied if you were granted a visa under the Rules before 9th July 2012 AND you remained resident in the UK. Check your passports to see if you were readmitted to the UK under this visa or as a visitor when you used to return for your summer holidays.
I've always been on a short term visa where I would need to travel out of the UK every 6 months. And after I graduated highschool I went back for summer holidays every year on a standard visitor visa.

Is there no other option? How about the EU Settlement scheme? The UK is still in the EEA and couldn't I apply as family member for that?

Thank you for your reply

secret.simon
Moderator
Posts: 11026
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child over 18 born overseas

Post by secret.simon » Sun Jul 14, 2019 10:27 am

MelB wrote:
Sun Jul 14, 2019 10:17 am
Is there no other option?
No.
MelB wrote:
Sun Jul 14, 2019 10:17 am
How about the EU Settlement scheme? The UK is still in the EEA and couldn't I apply as family member for that?
That scheme is for the family members of non-British EEA citizens who are currently resident in the UK. It is the same as your British father moving to another EEA member-state and you joining him in that other EEA member-state.

EU law for family members only kicks in when an EEA citizen is exercising treaty rights in an EEA member-state of which s/he is NOT a citizen.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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