Family Visa for my daughter

[TravelingMY]

Hi there,

Really need someone to help me understand Family Visa's application. Be confused of the words used in the guidance.

I'm going to apply for Family Visa for my daughter who is in China currently and has never applied for any UK visa before.

My Circumstance
1. Chinese, living in the UK with Spouse Visa/Leave to Remain. My husband is a British citizen.
2. Have sole responsibility for my daughter who is 9 years old, also have her natural father’s agreement.
3. Part time/Permanent contract, annual salary is £13,754.00.
4. My husband works full-time with Permanent contract, annual salary is 39,540.00.

My Queries
1. Can my daughter apply for Family Visa to join us? Is V4F4A the correct form? There is a sentence on GOV website - 'A child of settled parents or a parent given leave before 9 July 2012'. What is my immigration status now? Settled or Settling? My first spouse visa was issued in March 2015, in this case can I still apply for this category?
2. Who should be the Sponsor, I or my husband?
3. Where I am the sponsor, can I include my husband’s salary to the finance as family income?
4. Where my husband is the sponsor,
- Is my daughter child/family member of him?
- What is the relationship between them, father or other relative?

I would appreciate if anyone can give me any advice.
Many thanks.

Maggie

[CR001]

My Circumstance
2. Have sole responsibility for my daughter who is 9 years old, also have her natural father’s agreement.

If you require biological fathers agreement/consent then you likely do not have 'sole responsibility'. See HO's Sole Responsibility (click)

1. Can my daughter apply for Family Visa to join us? Is V4F4A the correct form? There is a sentence on GOV website - 'A child of settled parents or a parent given leave before 9 July 2012'. What is my immigration status now? Settled or Settling? My first spouse visa was issued in March 2015, in this case can I still apply for this category?

Pre July 2012 rules are not applicable to you. No you are not 'settled' as you do not have ILR. Yes your daughter can apply if you can prove sole responsibility.

2. Who should be the Sponsor, I or my husband?

Likely your husband as he is the 'settled' or BC person.

[TravelingMY]

My Circumstance
2. Have sole responsibility for my daughter who is 9 years old, also have her natural father’s agreement.

If you require biological fathers agreement/consent then you likely do not have 'sole responsibility'. See HO's Sole Responsibility (click)

1. Can my daughter apply for Family Visa to join us? Is V4F4A the correct form? There is a sentence on GOV website - 'A child of settled parents or a parent given leave before 9 July 2012'. What is my immigration status now? Settled or Settling? My first spouse visa was issued in March 2015, in this case can I still apply for this category?

Pre July 2012 rules are not applicable to you. No you are not 'settled' as you do not have ILR. Yes your daughter can apply if you can prove sole responsibility.

2. Who should be the Sponsor, I or my husband?

Likely your husband as he is the 'settled' or BC person.

Thanks a lot Char.

Yes, I have the sole responsibility with a court document. Sorry, I didn't make clear that the biological father's agreement is a statement in which he stated that he thinks living with me is a better way for my daughter. We all think it is the best interest to the girl.

[CR001]

Does the court document state you have custody of the child and father visitation rights etc?

If you had sole responsibility, you wouldn't need the father consent or agreement usually as he would not be in the child's life at all.

[TravelingMY]

Does the court document state you have custody of the child and father visitation rights etc?

If you had sole responsibility, you wouldn't need the father consent or agreement usually as he would not be in the child's life at all.

Yes, the document states the rights and responsibilities clearly. It's a Chinese document. Thank you for the reminder. I need to be very careful to the translation.

The case is a bit complicated. I just got the sole responsibility in April 2018 because the natural father's circumstance has been changed massively and then he had to give it to me. My daughter is living with grandparents currently and her father visits her once a month ( a couple of days). In this case, we think it might be better to clarify the circumstance.