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This is complicated

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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KenAlgar
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Posts: 47
Joined: Sun Nov 15, 2009 5:29 pm

This is complicated

Post by KenAlgar » Tue Nov 03, 2015 6:11 pm

Here is the case...
I am a UK national.
My ex wife has a Ghana passport with ILR (UK) and also a Certificate of naturalization which states she is now a British Citizen
We have a son aged 6 who holds a British passport.
My ex wife has MS and is dependent on her Mother who is her full time carer but is/was illegal in the UK.
The Mother of my ex wife was granted discretionary leave to remain in the UK on compassionate grounds for three years (now expired)
All three have now been living in Ghana for the past two years and now wish to return to UK. My son was taken without my permission.
The mother of my ex wife has recently been refused a visitor visa to accompany my ex wife and son back to UK.
I need all three back in the UK.
I have contacted an immigration lawyer who has essentially said we should go through the EU Route.
How? Ghana is not an EU member state. Am missing something?
John Lines hello, yes its me with the DLA claim, how are you?
Comments welcome.....thank you

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Casa
Moderator
Posts: 25768
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: This is complicated

Post by Casa » Tue Nov 03, 2015 6:42 pm

KenAlgar wrote:Here is the case...
I am a UK national.
My ex wife has a Ghana passport with ILR (UK) and also a Certificate of naturalization which states she is now a British Citizen
We have a son aged 6 who holds a British passport.
My ex wife has MS and is dependent on her Mother who is her full time carer but is/was illegal in the UK.
The Mother of my ex wife was granted discretionary leave to remain in the UK on compassionate grounds for three years (now expired)
All three have now been living in Ghana for the past two years and now wish to return to UK. My son was taken without my permission.
The mother of my ex wife has recently been refused a visitor visa to accompany my ex wife and son back to UK.
I need all three back in the UK.
I have contacted an immigration lawyer who has essentially said we should go through the EU Route.
How? Ghana is not an EU member state. Am missing something?
John Lines hello, yes its me with the DLA claim, how are you?
Comments welcome.....thank you
The immigration lawyer was probably referring to the Surinder Singh route. Have a read through this first and come back with any questions.
https://www.gov.uk/family-permit/surinder-singh
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Posts: 11174
Joined: Thu Feb 21, 2013 9:29 pm

Re: This is complicated

Post by secret.simon » Tue Nov 03, 2015 7:02 pm

In fact, in this case, the Surinder Singh route is particularly easy.

Your ex-wife and your son are both British citizens. They can therefore move anywhere in the EU (except the UK) to exercise treaty rights.
Treaty rights means doing one of the following
a) Working
b) Seeking work
c) Studying (must have private health insurance)
d) Self-sufficiency (must have private health insurance)

I believe all other EEA countries except the UK (of which they are citizens) are obliged to issue a Family permit to your ex-wife's mother.

Once they have spent at least three months in the other EEA country (treaty rights only start after three months), they can then move to the UK using the Surinder Singh route as Casa has pointed out.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

KenAlgar
Newbie
Posts: 47
Joined: Sun Nov 15, 2009 5:29 pm

Re: This is complicated

Post by KenAlgar » Tue Nov 03, 2015 7:16 pm

Thank you and i have already looked at this.
I have not lived and worked in another EU country.
My ex wife is not capable of moving anywhere except back to UK due to her medical condition (she is legal, her carer mother is not) thats the point.
I will see this lawyer, but im not holding my breath for a favorable outcome.
Here is a link to the website .....weblink removed by moderator

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CR001
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Location: London
Mood:
South Africa

Re: This is complicated

Post by CR001 » Tue Nov 03, 2015 7:30 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

KenAlgar
Newbie
Posts: 47
Joined: Sun Nov 15, 2009 5:29 pm

Re: This is complicated

Post by KenAlgar » Tue Nov 03, 2015 8:19 pm

why did you refer to my previous post?

KenAlgar
Newbie
Posts: 47
Joined: Sun Nov 15, 2009 5:29 pm

Re: This is complicated

Post by KenAlgar » Tue Nov 03, 2015 8:24 pm

Simply providing the link with no explanation, if you cant be constructive why do that? not helpful but thanks anyway.
I am simply a desperate father who needs his son back in UK where he can have a future.

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: This is complicated

Post by CR001 » Tue Nov 03, 2015 8:33 pm

Because Multiple Posting (click) creates confusion and clutter the forum. It is easier for your full details to be available in one thread so that members can see them before responding.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

KenAlgar
Newbie
Posts: 47
Joined: Sun Nov 15, 2009 5:29 pm

Re: This is complicated

Post by KenAlgar » Tue Nov 03, 2015 8:47 pm

Life changes and recent posts may not be relevant to previous posts and that, I guess, might lead to confusion.
A bit like hitting the backspace key....life moves on.

KenAlgar
Newbie
Posts: 47
Joined: Sun Nov 15, 2009 5:29 pm

Re: This is complicated

Post by KenAlgar » Tue Nov 03, 2015 8:52 pm

I came for some advice on current issues....simply that, but thanks anyway

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