Child joining mother

[Xina09]

Hi
can someone please help me with information.
I would like my child to join me in the uk.
Who do I contact and what do I need.
Can a family visa be swapped for settling/permanent stay.
She does not have a EU passport.
Thanks

[vinny]

What you need depends on your and your child's circumstances and your immigration status. These determine the category that the child will applying under. It may be helpful if you can supply more information.

[Xina09]

Hi Vinny
What more info do u need?
She is 14 will be visiting me with the family visa.
I want her to come live with me.

[vinny]

For example:

Are you settled in the UK (e.g. Have ILR) or British?

Information on the other parent?

Who is looking after your child now?

Do you have sole responsibility over the child?

[Xina09]

Hi Vinny

I'm a EU national in the UK.
My daughter is south African and do is her dad.
She lives with her dad who is now married.
We have shared responsibility.

Can I apply for her to stay while she is here during her visit. Swap her visa?

[vinny]

If you are a qualified person (or have PR) and have primary responsibility over child, then yes.

[Obie]

If you are a qualified person (or have PR) and have primary responsibility over child, then yes.

I am not sure Primary Responsibility is a requirement under the regulation. It may apply to the rule, for a person to qualify under Regulation 7 as a child, i believe only the evidence of such a relationship is required.

[vinny]

Thanks, Obie.

[Obie]

For completeness Vinny and to amend what i had previously said, i thought i make a small change. Primary responsibility is indeed found in the regulations, albeit in a different context.

It does exist in regulation 16(8), in relation to derivative right of residence.

I thought i clarify that part of my statement as i had said this concept is only found in the Immigration rules.

[Xina09]

Thank you