Family visa for child who is almost 18

[ReturningHome]

Hi,

My work took me to South America for 10 years, during which time I met and married a non-eea lady (I am British).

Now I am returning to the UK to work and it's our intention that my wife will join me (we fulfil the requisites). However, she also has a daughter from a previous relationship who is 17 (turns 18 late this year).

I haven't found much info on line but my assumption is that it will be very hard for her to get a family visa based on the fact that she's almost 18 and isn't a blood relative of mine.

Am I correct in my thinking or are there any options open to us? Also, does it make any significant difference whether we apply when she is 17 1/2 or 18?

Any assistance would be greatly appreciated

[physicskate]

Hi,

My work took me to South America for 10 years, during which time I met and married a non-eea lady (I am British).

Now I am returning to the UK to work and it's our intention that my wife will join me (we fulfil the requisites). However, she also has a daughter from a previous relationship who is 17 (turns 18 late this year).

I haven't found much info on line but my assumption is that it will be very hard for her to get a family visa based on the fact that she's almost 18 and isn't a blood relative of mine.

Am I correct in my thinking or are there any options open to us? Also, does it make any significant difference whether we apply when she is 17 1/2 or 18?

Any assistance would be greatly appreciated

There is a HUGE different between 17 and 18 - apply before she turns 18!!!!!!!

Your wife would have to prove sole responsibility.

[ReturningHome]

Hi Kate,

Thanks for the prompt reply.

Looking online, sole responsibility seems a bit of a minefield. My stepdaughter lives with us but does spend two weekends per month with her biological father. He also does pay child support (covering about 20% of her expenses).

To be perfectly honest, I believe him to be a decent person and if push came to shove I do believe that he would look after her. However, my step-daughter's preference is to stay with us.

Im not sure if the above really constitutes grounds for sole responsibility.

[physicskate]

Hi Kate,

Thanks for the prompt reply.

Looking online, sole responsibility seems a bit of a minefield. My stepdaughter lives with us but does spend two weekends per month with her biological father. He also does pay child support (covering about 20% of her expenses).

To be perfectly honest, I believe him to be a decent person and if push came to shove I do believe that he would look after her. However, my step-daughter's preference is to stay with us.

Im not sure if the above really constitutes grounds for sole responsibility.

You would need a letter from the biological father giving his permission for her to move to the UK (or a court order).

[ReturningHome]

That shouldn't be a problem. Thanks Kate

[vinny]

You would need a letter from the biological father giving his permission for her to move to the UK (or a court order).

If you require his permission, then you don't have sole responsibility.

[physicskate]

You would need a letter from the biological father giving his permission for her to move to the UK (or a court order).

If you require his permission, then you don't have sole responsibility.

True.

Sole responsibility = clearly not my area of core knowledge!

[ReturningHome]

Thankyou Kate, Vinny.

I had read about the complications of sole responsibility. From what's been said and from the information I posted earlier, I think she probability doesn't qualify as having sole responsibility even if she is the main parent.

[vinny]

There's also 319H(f)(iii).

[ReturningHome]

Hi Vinny,

To my untrained eye, it appears we'd struggle there too. I'm not the biological father so both parents wouldn't either be in the UK or coming to the UK and then it moves back to the sole responsibility criteria.