Which visa for mother of British child

[blaisepascal]

Hi all,

I need help with which visa my child's mother can apply for to bring him in the UK in order for him to have adequate medical treatment; and what documentation should we provide.
My son and her mum live in Dakar where I go for frequent work related trips. We met there and we had a child who is now 3 and has just been diagnosed with a rare medical condition. The child has a British passport. I live with my wife and kids and I am planning to rent a separate flat for my son and his mum while they are here. I don't know at this point how long the medical treatment will last.

Thanks for your advice.
Blaise

[noajthan]

Hi all,

I need help with which visa my child's mother can apply for to bring him in the UK in order for him to have adequate medical treatment; and what documentation should we provide.
My son and her mum live in Dakar where I go for frequent work related trips. We met there and we had a child who is now 3 and has just been diagnosed with a rare medical condition. The child has a British passport. I live with my wife and kids and I am planning to rent a separate flat for my son and his mum while they are here. I don't know at this point how long the medical treatment will last.

Thanks for your advice.
Blaise

What is your nationality and/or immigration status in UK?

Is this British child's mother independent of another, current wife (and family)?

Who has custody/responsibility for support of this foreign-based child?

[blaisepascal]

I am British, and so are my UK based wife and kids.
My other son's mum is part time student with a part time job as well, but I support her and my son financially.

[noajthan]

I am British, and so are my UK based wife and kids.
My other son's mum is part time student with a part time job as well, but I support her and my son financially.

Family-related visas won't work for a second family.

As per my understanding, there's no special or emergency medical support-related visa anymore.
Suggest shoot for a general visit visa for mother then.

[blaisepascal]

[Family-related visas won't work for a second family.

As per my understanding, there's no special or emergency medical support-related visa anymore.
Suggest shoot for a general visit visa for mother then.

Thanks noajthan for your suggestion.
In that case, my son's health is irrelevant then? Or would it make things worse for the visa application?

[noajthan]

[Family-related visas won't work for a second family.

As per my understanding, there's no special or emergency medical support-related visa anymore.
Suggest shoot for a general visit visa for mother then.

Thanks noajthan for your suggestion.
In that case, my son's health is irrelevant then? Or would it make things worse for the visa application?

I think its irrelevant.

If you read HO advice on emergency travel, for example to come to support a friend in UK in an emergency (eg someone hospitalised by accident), HO guidance simply suggests getting a visit visa.
That advice must be buried in Gov UK website possibly in a guidance document; can't remember the location but I recall looking it up for a case late last year.

Intimating that a visit is for medical support of a relative may trigger alarm bells about duration and potential overstay.
(Visit visas are not for residing).
Its not really my area - suggest see what other members think.

Ofcourse, being British the child is free to travel to the old country.
Not sure if he can come and enjoy NHS treatment immediately.
Suggest check on any habitual residence test; there may be a 3-month settling in period.

[secret.simon]

As the child is a British citizen, were the child to move to the UK, would the mother not qualify for a Zambrano visa?

To the OP: The Zambrano visa is a derivative residence visa and does not, on its own, lead to settlement in the UK. Just setting expectations. Also, quite an interesting username

As regards the HRT, I suggest a chat with the local Citizens Advice Bureau may be in order.

[noajthan]

As the child is a British citizen, were the child to move to the UK, would the mother not qualify for a Zambrano visa?

To the OP: The Zambrano visa is a derivative residence visa and does not, on its own, lead to settlement in the UK. Just setting expectations. Also, quite an interesting username

As regards the HRT, I suggest a chat with the local Citizens Advice Bureau may be in order.

I hadn't thought this was to be a permanent move.

Interesting idea but Zambrano doesn't seem cut and dried. As usual HO can play hardball.

The child does not reside in UK. Does that matter? Not sure.

In Zambrano (C-34/09) the CJEU established that a refusal to grant a right of residence to a third country national (‘TCN’) with a dependent minor child in the member state where the child is a national and resides ...

And the child does have a father with responsibility for him based in the UK already.

If there is another person in the UK who can care for the British citizen, then a derivative family permit must be refused on the basis that such a refusal would not result in the British citizen being forced to leave the EEA.

Therefore ECOs must assess whether there is another direct relative or legal guardian in the UK who can care for the British citizen and, in the case of a child, who has already established contact.

...

Examples of when it may be appropriate to issue a derivative family permit to a primary carer would be where:

• there are no other direct relatives or legal guardians to care for the British citizen; or
  there is another direct relative or legal guardian in the UK to care for the British citizen but there are reasons why this carer is not suitable; or
  in the case of an adult British citizen, there are no alternative care provisions available in the UK.

Ref: https://www.gov.uk/government/publicati ... nals-eun01

[blaisepascal2]

For some reason, I am locked out of my account.
I can't even reset my password; getting this message: "You are not authorised to request a new password"
Please admins, do something about this issue.

Back to the topic,
If I first bring the child to the UK to satisfy the requirement that the child resides in the UK, then his mum applies for the visa on the basis that my wife doesn't want to look after the child (and I doubt she will), do you think this will be enough to convince UKBA?
Also can she apply for this derivative residence card from abroad?

Thanks again for your ideas on this issue.
Blaise

[noajthan]

...

Back to the topic,
If I first bring the child to the UK to satisfy the requirement that the child resides in the UK, then his mum applies for the visa on the basis that my wife doesn't want to look after the child (and I doubt she will), do you think this will be enough to convince UKBA?
Also can she apply for this derivative residence card from abroad?

Thanks again for your ideas on this issue.
Blaise

Its a tricky area, you really need one of the Zambrano experts to take a look.

Mother would still have to enter on a visitor visa as she is non-EEA.
Derivative rights is part of the EU migration route (it exists by virtue of EU not UK law) and is not a 'visa'.
It also does not lead to settlement in UK.

Any perceived abuse of the UK visit visa system (as perceived by the authorities) could have an adverse impact on the applicant and result in a tarnished immigration history.

Here's a recent if somewhat messy case that touches on some of the same areas:
http://www.immigrationboards.com/immigr ... a#p1344798
It was inconclusive in the end.

[blaisepascal2]

Please can anyone confirm that if the mother is in the UK and is looking after her British child, she can't be deported?
I really don't mind if she can settle or if she can work. I just want someone to look after my son and for him to get an appropriate medical treatment for a condition that is likely to be lifelong. And taking the child with me is not an option.
So I was thinking of helping her to apply for a student visa.

I would also consider a student visa to another EU country. Can you live elsewhere in EU with your British child without any risk of deportation?

Many thanks

[noajthan]

Please can anyone confirm that if the mother is in the UK and is looking after her British child, she can't be deported?
I really don't mind if she can settle or if she can work. I just want someone to look after my son and for him to get an appropriate medical treatment for a condition that is likely to be lifelong. And taking the child with me is not an option.
So I was thinking of helping her to apply for a student visa.

I would also consider a student visa to another EU country. Can you live elsewhere in EU with your British child without any risk of deportation?

Many thanks

Student visa is a whole different ball game especially for a non-EEA national (anywhere in Europe). For one thing the applicant needs to be a student who wants to study not someone looking after a child.

This will not be straightforward.
Have you looked into Zambrano further - based on hints and advice given so far?

[blaisepascal2]

Student visa is a whole different ball game especially for a non-EEA national (anywhere in Europe). For one thing the applicant needs to be a student who wants to study not someone looking after a child.

This will not be straightforward.
Have you looked into Zambrano further - based on hints and advice given so far?

Thanks noajthan,
From what I read, Zambrano is more about staying in the UK legally. But she needs to be in the UK in the first place.
I am just desperate to get my son the medical support he needs and I am open to any suggestions.

[noajthan]

Thanks noajthan,
From what I read, Zambrano is more about staying in the UK legally. But she needs to be in the UK in the first place.
I am just desperate to get my son the medical support he needs and I am open to any suggestions.

You can dig into these critical matters here:
https://www.gov.uk/government/uploads/s ... ction2.pdf

Bear in mind:

There is no provision in the Immigration Rules for issuing entry clearance on the basis of an applicant coming to the UK to care for a sick family member or friend. A person who wishes to enter the UK to provide short-term care or make alternative arrangements for the long term care of a friend/relative may do so under the Rules relating to general visitors.

But see also section 17.1.1 onwards

17.1.1 Referred applications for Entry Clearance
Where the Entry Clearance officer feels that an applicant seeking entry to care for a relative does not qualify as a visitor, but there are compelling and compassionate circumstances, the case can be referred to, Referred Cases Unit, UK Border Agency International Group to be considered outside the Immigration Rules

The guidance refers to UKBA so may be dated. but even so it may give a steer for further enquiries.