I am about to apply for indefinite leave to remain under tier 2 route. I need some clarification as per child dependent.
My daughter is 16 years old. She and my wife (step-mum to daughter) are currently my dependents.
My daughters mum died long before we both came to UK. It was very difficult getting visa for her as my dependent but we were finally successful. The 3 of us have been living together in UK.
The only evidence I have of her mum’s dead is the cover page of the funeral programme. The death certificate was lost. I had to proof sole responsibility before my daughter was giving a dependent visa to come and join me and my wife (her step-mum) in UK.
Now both I and her step-mum are her parents with shared responsibility. Do I need to proof this for my daughter’s indefinite leave?
How do I address the following requirements for her indefinite leave? Especially that there is no death certificate available for her mum’s death.
Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
1. (i) The Points Based System Migrant is the applicant’s sole surviving parent, or
2. (ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
3. (iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care.
I am her sole surviving parent but with a step-mum for her. I had sole responsibility for her but now it is shared with her step-mum.
I am applying with my wife and her step-mum as my dependents.
I need advice please.
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