Over 18 stepdaughter on UK family visa application?

[utahsaint]

I'm a UK citizen other than by descent. I've been living and working in an EU country since 2018, together with my wife (Philippine citizen), stepdaughter (my wife's daughter, Philippine citizen, age 19), biological daughter (UK citizen, age 4). Before this we were in the Middle East for 5 years. So my family have never lived in the UK. We were married in 2016.

Is it possible to include my 19 Y.O. stepdaughter on a UK family visa application?

Based on my initial research I suspect the answer is no, but it would be great to get a view from knowledgeable people here.

Thanks in advance

[sam550]

Unfortunately you can not add her onto family visa.

[vinny]

I'm a UK citizen other than by descent. I've been living and working in an EU country since 2018, together with my wife (Philippine citizen), stepdaughter (my wife's daughter, Philippine citizen, age 19), biological daughter (UK citizen, age 4).

Fortunately, there’s currently a better free or cheaper alternative for both wife and her daughter under 21. Apply under Surinder Singh route.

The deadline isn’t 30 June for everyone

Surinder Singh families where the relationship existed before 31 January 2020 (unless a child) have until 29 March 2022 to move back to the UK and apply.

Hurry!

[utahsaint]

Thanks both for your responses! We have some fast thinking to do re Surinder Singh. Based on the linked .gov.uk page above, it seems there's no requirement for me to have a job offer in hand?

If we apply under the SS route, one potential issue in my mind is we have a trip booked to the UK in 2 months, for which my wife and stepdaughter have their visit visas. So they'd need their passports for travelling at that time. Our visa outsource center is TLS. There's a 'keep your passport' option mentioned on their site. Any idea if this type of visa application is eligible for that (or a quick service option)?

[utahsaint]

Surinder Singh families where the relationship existed before 31 January 2020 (unless a child) have until 29 March 2022 to move back to the UK and apply.

On second reading of this and the gov guidance, it looks like we must move back to the UK before my family members can apply, and not apply from abroad? Not something we can practically do before 29th March, sadly.

[vinny]

it looks like we must move back to the UK before my family members can apply, and not apply from abroad?

I don’t think that there is such a requirement.

See also The Surinder Singh immigration route: how does it work? for background of route.

As visa nationals, I believe that they may apply for EUSS family permits now, before the deadline. If they refuse to issue the EUSS family permits after the deadline, then appeal, on the grounds that they failed to issue the EUSS family permits before the deadline.

Then move back to the UK, together, later, within the validity period of the EUSS family permits. Then quickly apply under the EUSS in the UK for pre-settled status. I think there are reasonable grounds, if the EUSS permits were issued late.

Alternatively, if they enter the UK on visitor visas, then I believe they may enter with you and apply under the EUSS in the UK before the deadline.

[utahsaint]

Thank you vinny. I found similar guidance from a law firm that appears to confirm the same point re applying before the deadline from abroad.

https://immigrationbarrister.co.uk/suri ... arch-2022/

We're going to give it a shot. Now getting our evidence ready and checking the online process. We'll see how it goes!

[vinny]

Thanks for your link. I’ve added it to a sticky topic for reference.

[manci]

There is new HO Guidance dated 23 March 2022 on late applications under the Surinder Singh route:
https://assets.publishing.service.gov.u ... itizen.pdf

see also:
https://freemovement.org.uk/surinder-si ... plication/