Ancestral Visa--dependent visa for my Daughter, please help

[smart34]

Posting for a friend, please help us

" Please I an Australia and I have an ancestral visa and currently in the UK with my 3yrs old daughter. My daughter dependent visa was refused and mine granted when we applied togather in australia. The reason was because UK embassy said they require a custody letter for her. I came with her to UK because with her Austrlian passport she can stay in the UK for 6 months. Now I have been given the custody letter in Australia and my parents have posted the letter to me here in the UK.My question is can i apply for her here in UK? I need advise as it would cost me hell to travel to Australia just to apply for her. Any advise would be highly apprecaited. "

In addition, my partner has ILR(not married yet) and he will be applying for citenzenship soon, dont know if he can be useful to this arrangements. Please please advise me. thank you all"

[vinny]

Spouses and dependent children of applicants with United Kingdom Ancestry (Rules Paragraphs 194-199)

2.2. Switching

Entry clearance is mandatory for entry in this category. In after-entry cases, however, where the applicant was not admitted as a spouse or child, caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met and that exceptional compassionate circumstances prevail. For UK ancestry dependants caseworkers may waive the no-switching provision in the Rules if they are satisfied that all the other requirements are met. Any case which falls to be refused, however, should be refused on no-switching grounds.

Note that:

(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:

(a) the parent he is accompanying or joining is his sole surviving parent; or

(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or

(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and

[smart34]

Thanks for the information. please can you tell if i can apply for her visa here in UK, The more I read the information the more i get confused. i want to know please.

[smart34]

Thanks Vinny, I have just re-read the switching and other details and references you supplied, please clarify me if i am right. does it means that if I met other requirement, the non-switcing could be waived for me? and I can apply for her?

[vinny]

Apparently so. You should quote this section when applying.

[smart34]

Thanks for the information. You are a star!!!

[smart34]

and finally what form can we use for this application.

thanks

[vinny]

If your daughter is applying on her own, then I suspect it's FLR(O). However,

Please contact our Immigration Enquiry Bureau if you need help in finding the right form for your situation.