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Child from partners previous relationship being dependant of the lead applicant

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Alexis19999
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Posts: 21
Joined: Sat May 26, 2018 4:33 pm
Nigeria

Child from partners previous relationship being dependant of the lead applicant

Post by Alexis19999 » Sun Jul 24, 2022 10:18 am

Please am asking on behalf of my friend who has been granted visa on skilled workers route. He is married to his wife for five years and they both have a child together.
However, the wife has a son from previous relationship and the biological father is late. The wife is the sole surving parent of his son.
All of them both live together.



My question is can the son from the partners previous relationship be dependant of the lead applicant?

What will be the proof of relationship?


Can anyone direct me to a guidance on this?.

Many thanks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Child from partners previous relationship being dependant of the lead applicant

Post by manci » Sun Jul 24, 2022 11:29 am

Alexis19999 wrote:
Sun Jul 24, 2022 10:18 am
Can anyone direct me to a guidance on this?.
read the Dependent family members in work routes caseworker guidance, especially p9 -p11:
https://assets.publishing.service.gov.u ... routes.pdf
Personal opinion, not professional or legal advice

Alexis19999
Newly Registered
Posts: 21
Joined: Sat May 26, 2018 4:33 pm
Nigeria

Re: Child from partners previous relationship being dependant of the lead applicant

Post by Alexis19999 » Sun Jul 24, 2022 2:04 pm

Thanks.

I have read it and see definition of parents as
(a) the stepfather of a child whose father is dead, and reference to stepfather
includes a relationship arising through civil partnership; and
(b) the stepmother of a child whose mother is dead, and reference to
stepmother includes a relationship arising through civil partnership; and
(c) the father, as well as the mother, of an illegitimate child where the person
is proved to be the father; and
(d) an adoptive parent, where a child was adopted in accordance with a
decision taken by the competent administrative authority or court in a country
whose adoption orders are recognised by the UK or where a child is the
subject of a de facto adoption in accordance with the requirements of
paragraph 309A (except that an adopted child or a child who is the subject of
a de facto adoption may not make an application for leave to enter or remain
in order to accompany, join or remain with an adoptive parent under
paragraphs 297 to 303); and
(e) in the case of a child born in the UK who is not a British citizen, a person
to whom there has been a genuine transfer of parental responsibility on the
ground of the original parents' inability to care for the child.
If the child or children come from a previous relationship that the dependent partner
has had, and the other natural parent is still alive you should be aware that the lead
applicant may have become a de facto adoptive parent.

According to this guidance now

Thee lead applicant is the step father

Where does defacto adoptive parent come in?

Please help

Please help

Alexis19999
Newly Registered
Posts: 21
Joined: Sat May 26, 2018 4:33 pm
Nigeria

Re: Child from partners previous relationship being dependant of the lead applicant

Post by Alexis19999 » Sun Jul 24, 2022 5:04 pm

manci wrote:
Sun Jul 24, 2022 11:29 am
Alexis19999 wrote:
Sun Jul 24, 2022 10:18 am
Can anyone direct me to a guidance on this?.
read the Dependent family members in work routes caseworker guidance, especially p9 -p11:
https://assets.publishing.service.gov.u ... routes.pdf

Is step father recognised as parent when the biological father is deceased under this guidance???

AmazonianX
Respected Guru
Posts: 7830
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Child from partners previous relationship being dependant of the lead applicant

Post by AmazonianX » Mon Jul 25, 2022 3:20 am

Alexis19999 wrote:
Sun Jul 24, 2022 5:04 pm
manci wrote:
Sun Jul 24, 2022 11:29 am
Alexis19999 wrote:
Sun Jul 24, 2022 10:18 am
Can anyone direct me to a guidance on this?.
read the Dependent family members in work routes caseworker guidance, especially p9 -p11:
https://assets.publishing.service.gov.u ... routes.pdf

Is step father recognised as parent when the biological father is deceased under this guidance???
I have read it and see definition of parents as
(a) the stepfather of a child whose father is dead, and reference to stepfather

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Child from partners previous relationship being dependant of the lead applicant

Post by manci » Mon Jul 25, 2022 10:08 am

Alexis19999 wrote:
Sun Jul 24, 2022 5:04 pm
Is step father recognised as parent when the biological father is deceased under this guidance???
Yes, He is considered a "parent" by the immigration rules because he is the stepfather of a child whose father is dead.

By reference to the caseworker guidance your friend who is the main applicant on the Skilled Worker route must have full or shared (with his wife, the child's biological mother) parental responsibility for the child who is presumably under 18.
Personal opinion, not professional or legal advice

Alexis19999
Newly Registered
Posts: 21
Joined: Sat May 26, 2018 4:33 pm
Nigeria

Re: Child from partners previous relationship being dependant of the lead applicant

Post by Alexis19999 » Sat Jul 30, 2022 12:13 am

manci wrote:
Mon Jul 25, 2022 10:08 am
Alexis19999 wrote:
Sun Jul 24, 2022 5:04 pm
Is step father recognised as parent when the biological father is deceased under this guidance???
Yes, He is considered a "parent" by the immigration rules because he is the stepfather of a child whose father is dead.

By reference to the caseworker guidance your friend who is the main applicant on the Skilled Worker route must have full or shared (with his wife, the child's biological mother) parental responsibility for the child who is presumably under 18.
Thanks

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