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Bringing Child on Fiancé Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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amberwoods
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Bringing Child on Fiancé Visa

Post by amberwoods » Thu Nov 11, 2021 3:01 pm

I have an urgent question!!!
I have applied for a fiance visa to marry a British citizen in the UK, but I have a dependent. It is my 9-year-old daughter. My fiance is not her father. I am not sure which type of visa we should apply for her to stay with us until I get a spouse visa after we get married.
We tried to apply for FM Child but it redirects us to pay for a yearly IHS surcharge first. Just need to know if that is a correct type to apply for if I'm not settled in the UK yet. My visa will only last for half a year.

What type of visa should we choose for her? This one or a visitor's one?

secret.simon
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Re: Bringing Child on Fiancé Visa

Post by secret.simon » Thu Nov 11, 2021 3:40 pm

I don't think that you can sponsor a dependent on a fiance visa.

You will likely only be able to sponsor your daughter after you have acquired a spousal visa.

And a visitor visa is not a good option. You can't switch from a visitor visa to another visa from within the UK. Even if she came to the UK on a visitor visa, she would need to go back to her country of habitual residence to apply for a dependent visa.

Also, for a visit visa, the applicant (your daughter) would need to show that she has stronger ties to her country of habitual residence than to the UK. With her mother being in the UK, that may be hard to prove.
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.

amberwoods
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Re: Bringing Child on Fiancé Visa

Post by amberwoods » Thu Nov 11, 2021 6:31 pm

Thank you so much for your reply! I do appreciate your time and effort! :))

Really at a loss now... My fiance provided the evidence to support us both financially during our stay for when I'm not able to work on the fiance visa, by showing that he reaches the income requirements, also we are providing the bank statement. I'm just not sure if we are on the right track with that fm child type asking to get her the IHS. Are there any other kinds of visas for dependants on fiance visa? Or only these two options?

amberwoods
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Russia

Re: Bringing Child on Fiancé Visa

Post by amberwoods » Thu Nov 11, 2021 6:35 pm

We were also thinking to get the visitor's visa for her and my mother to come for the wedding. The tie would be finishing the school year in Russia.

TODMATT
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Re: Bringing Child on Fiancé Visa

Post by TODMATT » Fri Nov 12, 2021 1:23 am

amberwoods wrote:
Thu Nov 11, 2021 6:31 pm
Thank you so much for your reply! I do appreciate your time and effort! :))

Really at a loss now... My fiance provided the evidence to support us both financially during our stay for when I'm not able to work on the fiance visa, by showing that he reaches the income requirements, also we are providing the bank statement. I'm just not sure if we are on the right track with that fm child type asking to get her the IHS. Are there any other kinds of visas for dependants on fiance visa? Or only these two options?

You can bring the child to the UK a once you switched to a FLR M within UK by applying separately for the child from abroad. Could you clarify now where is the child? In the UK air outside? People have applied from fiancée visa from abroad with a dependent so it depend on what you have selected as an option


“ Apply separately
Which form you need to fill in depends on whether your parent has leave to enter or remain in the UK on a 5 or 10-year route to settlement as the partner of:

a British or Irish citizen
a person with indefinite leave to remain
a person settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
a person from the EU, Switzerland, Norway, Iceland or Liechtenstein who has pre-settled status - they must have started living in the UK before 1 January 2021
a person with a Turkish Businessperson visa or Turkish Worker visa
a person with refugee status or humanitarian protection
If they do, you must fill in the Appendix FM online form.

If they do not, you must fill in both:

the online application form
the Appendix 1 paper form”

https://www.gov.uk/uk-family-visa/child
My opinions should not be constituted as an immigration or legal advice.

amberwoods
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Re: Bringing Child on Fiancé Visa

Post by amberwoods » Fri Nov 12, 2021 9:16 am

TODMATT wrote:
Fri Nov 12, 2021 1:23 am
amberwoods wrote:
Thu Nov 11, 2021 6:31 pm
Thank you so much for your reply! I do appreciate your time and effort! :))

Really at a loss now... My fiance provided the evidence to support us both financially during our stay for when I'm not able to work on the fiance visa, by showing that he reaches the income requirements, also we are providing the bank statement. I'm just not sure if we are on the right track with that fm child type asking to get her the IHS. Are there any other kinds of visas for dependants on fiance visa? Or only these two options?

You can bring the child to the UK a once you switched to a FLR M within UK by applying separately for the child from abroad. Could you clarify now where is the child? In the UK air outside? People have applied from fiancée visa from abroad with a dependent so it depend on what you have selected as an option


“ Apply separately
Which form you need to fill in depends on whether your parent has leave to enter or remain in the UK on a 5 or 10-year route to settlement as the partner of:

a British or Irish citizen
a person with indefinite leave to remain
a person settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
a person from the EU, Switzerland, Norway, Iceland or Liechtenstein who has pre-settled status - they must have started living in the UK before 1 January 2021
a person with a Turkish Businessperson visa or Turkish Worker visa
a person with refugee status or humanitarian protection
If they do, you must fill in the Appendix FM online form.

If they do not, you must fill in both:

the online application form
the Appendix 1 paper form”

https://www.gov.uk/uk-family-visa/child
Thank you so much for your reply. I really appreciate any helpful advice at the moment!

So to clarify the situation. Both my child and I are outside the UK now. Previously I had 2 successful visitor's visas to see my boyfriend (who is a British citizen) in the UK and my daughter had one visitor's visa too for this reason. We never overstayed on those visas. Now I have applied online for the Appendix FM partner to marry him in the UK and I have an appointment to submit the biometrics and supporting documents next week. Also we were going to apply for my child with Appendix FM Child online straight after my application was paid for , but being redirected to IHS got us really confused and made us think we are doing it the wrong way.
You mentioned the Appendix 1 paper form. Can you please tell me more about it or where to find the information about it. I don't quite understand if this this is related to our situation.

amberwoods
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Re: Bringing Child on Fiancé Visa

Post by amberwoods » Fri Nov 12, 2021 10:20 am

To add as well, I am my daughter's only parent.

vinny
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Re: Bringing Child on Fiancé Visa

Post by vinny » Fri Nov 12, 2021 1:05 pm

A partner includes fiancé(e) under GEN.1.2.
(iii) the applicant’s fiancé(e) or proposed civil partner; or
I think your child may apply under Appendix FM, in line with you, subject also to the relationship, and financial requirements, etc.

I think
If they do, you must fill in the Appendix FM online form.
is correct.

As child’s entry clearance should also expire at the same time as yours, i.e. six months or less, there should not be any IHS due.
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.

TODMATT
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Re: Bringing Child on Fiancé Visa

Post by TODMATT » Fri Nov 12, 2021 3:13 pm

amberwoods wrote:
Fri Nov 12, 2021 10:20 am
To add as well, I am my daughter's only parent.

Just to add to what Vinny has mentioned above, I would have recommend you to have apply the same times as your child to make life easier and your leave will be granted same time.

Please read Sole responsibility
My opinions should not be constituted as an immigration or legal advice.

amberwoods
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Re: Bringing Child on Fiancé Visa

Post by amberwoods » Sat Nov 13, 2021 7:34 pm

Thank you all for your kind advice! :)
The only question that concerns us still is connected with that I was redirected to pay for IHS, although I am applying for the short-term visa myself and my child is as a dependent for the same length period. Would that be just refunded when the visa is granted? Or there shouldn't have been this issue at all and it just means I had a mistake in the application somewhere and did something wrong.

AmazonianX
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Re: Bringing Child on Fiancé Visa

Post by AmazonianX » Sat Nov 13, 2021 11:08 pm

amberwoods wrote:
Sat Nov 13, 2021 7:34 pm
Thank you all for your kind advice! :)
The only question that concerns us still is connected with that I was redirected to pay for IHS, although I am applying for the short-term visa myself and my child is as a dependent for the same length period. Would that be just refunded when the visa is granted? Or there shouldn't have been this issue at all and it just means I had a mistake in the application somewhere and did something wrong.
You may want to check again to confirm filling correct application and or restart.

amberwoods
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Russia

Re: Bringing Child on Fiancé Visa

Post by amberwoods » Fri Nov 19, 2021 9:00 am

We've redone the application and after the details were filled out at the IHS website a zero charge was calculated! :D

Another question now is how can I prove my sole responsibility for the dependent?
There is a blank in her birth certificate where the father's name should be. Also I am providing the certificate of no record of marriage.
What else is usually submitted to prove that I'm the only parent responsible for her upbringing. Thanks in advance!

vinny
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Re: Bringing Child on Fiancé Visa

Post by vinny » Fri Nov 19, 2021 9:53 am

TODMATT wrote:
Fri Nov 12, 2021 3:13 pm
Please read Sole responsibility
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.

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