Immigration for daughter

[rbsjp]

I came to UK on 4 April 2010 on TIER 2 visa. My family including my daughter got TIER 2 dependent visa. But they came to UK in June 2010 for one month and went back. I subsequently changed to TIER 1 and am applying for ILR in March 2015. My question is when can my daughter apply for ILR. She is 15 year old now and still lives in India

[CR001]

Does she still have a valid visa?? I am guessing not as she lives in India.

She will only be able to apply for ILR from within the UK anyway. So she will need a visa first to come back to the UK and will not be eligible for ILR at the same time as you if that is what you are asking.

[rbsjp]

No she does not have the visa at this time. Let us say she comes back now. What visa will she get? And when will she be eligible to apply for ILR? She will be 18 in 3 years

[CR001]

Is your wife also coming back??

[rbsjp]

no

[CR001]

If you apply now, she will get a visa in line with your visa expiry date but that does not mean she can apply for ILR at the same time though as she has virtually no residence and is an older child. What is the expiry date of your current visa??

This is my opinion and perhaps another mod could advise.

If you applied for her after you ILR, it is a child settlement visa and there is an income requirement. Residence before ILR might also be applicable.

[rbsjp]

I will apply for her after my ILR. Now the question is what visa will she get? And she will be 18 years in 3 years time. What will be her status then?

[vinny]

How will she satisfy 297(i)(e or f)?

[rbsjp]

Can you please tell me in simple terms what are the options available for her?

[vinny]

Why isn't your wife coming back with her?

[Obie]

If the mother is not coming with the child and the father does not have sole responsibility, it is difficult to see how he will qualify under 297

[rbsjp]

I am applying for ILR after 5 years on TIER 1.
My wife and child live in India and dont have TIER 1 dependent visa.
My child is 15 year old.
My question is:
1. Can the child apply for ILR with me, even if they have not lived in UK (wife is still in India and will not be applying)
2. Or is to better to get the child on TIER 1 dependent and then apply for ILR together. Will the child will have to stay in UK for 5 years before applying?

[Greenie]

Your child won't be given leave as your dependant (or ilr) if your wife will be remaining in India. Unless you can either show have had sole responsibility for the child's upbringing (which you won't be able to show if she has been living with her mum I India whilst you have been here) or that there are compelling and compassionate family circumstances.

***edited to change some to sole for the avoidance of all doubt**

[Obie]

Not sure it is a typographical error on your part Greenie, just to add that the test is SOLE Responsibility and not Some Responsibility.

It is only in exceptional circumstances, that a parent who leaves overseas will be said to have sole responsibility of a child who lives with the other parent.

[Greenie]

Thank you Obie, (not so) smart phone auto correct was the culprit but I should have double checked my post. Of course Mean sole not some.

[rbsjp]

Can she apply as a dependent of settled person visa?

[vinny]

Difficult if her mother is not applying too.

[Mauser1905]

Can she apply as a dependent of settled person visa?

Whats your relationship status?

[rbsjp]

I got my ILR in March 2015 through TIER 1 route. My wife is an Indian citizen and lives in India. My daughter who will turn 16 in September 2015 wanted to come for further schooling in UK. I applied for Child depndent of settled person visa. The entry clearance was refused. I have a right to appeal in 28 days. Now what are the options for me?

[physicskate]

I got my ILR in March 2015 through TIER 1 route. My wife is an Indian citizen and lives in India. My daughter who will turn 16 in September 2015 wanted to come for further schooling in UK. I applied for Child depndent of settled person visa. The entry clearance was refused. I have a right to appeal in 28 days. Now what are the options for me?

UM, it might help if you tell us why it was refused??

[rbsjp]

They have mentioned that I cannot prove that I have sole responsibility for the child

[physicskate]

They have mentioned that I cannot prove that I have sole responsibility for the child

If you have not included evidence of sole responsibility, you might want to reapply and make sure to include the evidence.

[rbsjp]

What could that evidence be? Obviously if she will be studying here in UK, I will be solely responsible for her.

[physicskate]

You must prove you are ALREADY solely responsible.

http://www.onepaper.co.uk/wp-content/up ... the_UK.pdf

Section 8:
https://www.gov.uk/government/publicati ... onsibility



I don't think the application will succeed if the child is in the custody of the other parent.

[vinny]

Alternatively, your wife, who is your child's mother, should also apply for settlement visa, to come and stay with with your daughter and you.