UK citizen 4 years old doughtier

[lailaaa3]

hi,
my friend got UK citizen 4 years old doughtier, he is not UK citizen, he wants to settle in UK for his doughtier, his questions are:-
1) can he get UK visa (settlement type like ILR?)
2) how he can apply?
3) any law in UK for such case?
4) is this family reunion case?

please note that he divorced the mother of his doughtier who was having UK citizenship.


thanks

[lailaaa3]

hi,
any update?

[Rozen]

hi,
any update?

You really expect an 'update' within the hour? People here give of their time freely and are not here 24/7. It's called 'a LIFE'!

[lailaaa3]

hi,
any update?

[John]

Have a read of Part 7 of the Immigration Rules, which might be a route that might be applicable.

Have you got access to your child?

[lailaaa3]

yes, she is living with me, plz note that i have sufficient funds and i will by a house in london cash, so no need to access public funds.

thanks

[John]

lailaaa3, did you actually click on the link I provided?

[lailaaa3]

yeah i did, plz note that the child with me outside of UK, so will this also be included

thanks

[John]

Given that you started this topic talking about "my friend", why is your friend's child with you?

Why isn't the child with their British Citizen parent?

[lailaaa3]

sorry john, two people using same account

[John]

OK, but I don't understand what is going on here, and still awaiting an answer to one of the questions I asked.

[geriatrix]

John, AIUI, the 4 yr. British citizen child and not-British father (who's divorced from child's British mother) are living outside the UK and the query is whether the father can obtain temporary / permanent residence in the UK by virtue of being the father of British citizen child.



regards

[Mr Rusty]

Why isn't the child with their British Citizen parent?

Seems like a very pertinent question if Sushdmehta has got it right. Unless the child is being cared for in the UK by her mother or somebody else and the OP establishes a right of access, Part 7 of the Rules is unlikely to avail him. If he's defeated the mother in some sort of custody battle in his own country, that's where she can be brought up.

[lailaaa3]

hi,
the 4 years old child is UK citizen born in London, and she is living with her father abroad, the custody with the father now, however the father wants the child to be settled in her country UK. so can the father live with his child in UK and get ILR?

thanks

[MPH80]

I'm not aware of a visa which would allow this.

The only way I could see this happening is:

1) Agree joint custody with the mother. A court order will be necessary to invoke the rules above.

2) Send the child back to live with the mother in the UK - for this the mother would probably have to travel to the child and back again.

3) Request leave to remain under the rules outlined above.

But I'm curious:

however the father wants the child to be settled in her country UK

If he wanted that - why did he remove the child?

Is the child legally whereever she is?

[lailaaa3]

hi,
the mother is working somewhere in africa with United Nation and married to someone, the child living with the father in dubai. the father wanted the child to be raised in UK.

child can't live with mother in africa or alone in UK.

thanks

[John]

lailaaa3, that being the case, whilst of course the child can move to the UK anytime, I don't think there is anything in the Immigration Rules to assist the father to move to the UK, on account of him being the father of the child. That is, the fact that he is father to a British Citizen child does not assist him, IMHO.

Of course there is nothing to stop him making an application under any points-based route, as long as he has enough points of course.

[lailaaa3]

say for example the father going to live there with the UK child through Base point system (tier1 visa), however he could not get enough points after 2 years for renewal of tier1, quesion will he need to leave UK? or anything can be done to continue living with the child in her country under special visa?

thanks

[John]

It is always possible to make an outside-the-rules application but whether such an application is granted is totally at the discretion of UKBA. Such an application should always be made with professional advice.