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Bringing my son to join me in the UK

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hip999
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Posts: 17
Joined: Wed Apr 18, 2012 11:44 pm
Location: London

Bringing my son to join me in the UK

Post by hip999 » Mon Apr 15, 2013 1:44 am

I have a 9 year old son, presently living in the Philippines. Is there any way I can apply to bring him here directly to the UK immigration authorities in the UK (so I can control the process), or does he have to apply from The Philippines?

Mr Rusty
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Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Mon Apr 15, 2013 5:20 am

Info needed:-
1-Your Nationality and immigration status in the UK
2- Mother's nationality, where is she?
3- Are you married to the mother? Were you married when the child was born?
4- Are you named as the father on the birth certificate?

In general terms, before 2006 a British mother could pass on her nationality to the child. A British father could only do so if he was married to the mother.
Since 2006 a British father can pass on his nationality even if not married to the mother, and an application can be made for "illegitimate" children born before 2006 to be registered as British. Registration is discretionary, but normally granted if both parents support the application and the sprog hasn't already acquired a criminal record.
Any application will have to be made in the Philippines

hip999
Newly Registered
Posts: 17
Joined: Wed Apr 18, 2012 11:44 pm
Location: London

Further details

Post by hip999 » Mon Apr 15, 2013 9:33 am

1-Your Nationality and immigration status in the UK. I am Filipino. I have an FLR(M) as an unmarried partner to a UK citizen.
2- Mother's nationality, where is she? She is Filipino and living in The Philippines. She is willing to agree to allow my son to move to the UK to be with me as she is often away (but within The Philippines) on work. Usually my son is left with elderly grandparents and the care is not very good; for example, they will leave him home alone and he is on the phone crying to me.
3- Are you married to the mother? Were you married when the child was born? I am married to the mother in the Philippines (where there is no divorce) BUT am divorced from her in the UK. We were married when the son was born.
4- Are you named as the father on the birth certificate? Yes, both parents are on the birth certificate.

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Mon Apr 15, 2013 1:05 pm

I don't think there is much prospect of securing residence for your child in those circumstances. See this from the relevant UKBA web page:-

Children cannot normally come to settle in the UK unless both parents are settled here or have been given permission to settle here. The only exceptions are where:
1 parent is dead and the other is settled or coming to settle here; or
the parent who is settled or coming to settle in the UK has had sole responsibility for the child's upbringing or the child normally lives with that parent and not the other parent; or
1 parent is settled or coming to settle in the UK and there are serious reasons why the child must be allowed to come here.


This is the full page, in case you wish to research it further yourself:-
http://www.ukba.homeoffice.gov.uk/visas ... /children/

You don't yet have Indefinite Leave to Remain, and your brief resume suggests that you could not establish that you have had "sole responsibility" for the child.

Somebody may have some other suggestion, but I can't think of one myself.

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