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Entering UK on Marriage visa with a child who on holiday.

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Shump76
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Entering UK on Marriage visa with a child who on holiday.

Post by Shump76 » Thu Apr 21, 2011 6:32 pm

I'm married to a UK citizen. We got married in the US (where I'm from) while he was over on a Visa for that purpose. We lived in the US for 3 years but decided to move to the UK to be near his family. We have a 3 year old son who already has a birth certificate and Passport for the UK. I also have a 9 year old daughter who lives with her father. Our plan was to have her over here for a few weeks this summer. The problem is that I will be getting her when I go to get my Visa, so I'd be entering the country for the first time on my marriage visa. We've been told by our immigration lawyer that it is very unlikely that she would be allowed to enter the country with me and my son, but the lawyer has said little else about the matter so far. Just wondering if anyone has been in a similar situation and has any insight or advice, thanks in advance.
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Casa
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Post by Casa » Fri Apr 22, 2011 10:52 am

Take your lawyer's advice. You could apply for a visitor visa for your daughter but you would need to prove that there are strong reasons for her to return to the US when you settle here.
I'm not aware of the situation with US Family Law, but you should confirm that you don't need her father's written permission for you to take her out of the country.
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Shump76
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Post by Shump76 » Fri Apr 22, 2011 4:29 pm

I do need his written permission. That's not a problem, he's happy to give it. Apparently, we need a custody agreement as well. So we're working on that. We never married, and we've always just shared custody of her. We've got a friend who is willing to travel with us and go take her through customs for us, as our lawyer said it would be better for her to go through with someone else. Thanks for your reply.
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Casa
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Post by Casa » Fri Apr 22, 2011 7:05 pm

Without a visitor visa you're taking a massive risk on her being refused entry and leaving a friend to escort her through on the same flight...even more so.
Think of this scenario. The Immigration Officer on entry to the UK asks your daughter who she will be staying with. Your daughter answers "My Mother".
Next question 'and where's your Mother at present'? Answer "going through the Immigration checks separately". Sound suspicious to you?
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