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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33507
Experience:  25 years experience of all aspects of family law
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I want to know about my chances of obtaining daughter from

Customer Question

hello
JA: Hi. What seems to be the problem?
Customer: I want to know about my chances of obtaining for my daughter from my previous marriage a British Citizen
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please give me a bit more information, so we can help you best.
Customer: She is 7 years old and curently living with my mum in Nigeria
JA: Is there anything else the Family Lawyer should be aware of?
Customer: I am a British already
JA: Our top Family Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Family Lawyer in on everything we've discussed. You can go back and forth with the Family Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 10 months ago.
Category: UK Family Law
Customer: replied 10 months ago.
during the divorce, we were both granted joint custody. There is an ongoing case in the court to seek for sole legal custody as she is no longer their for our daughter. My daughter moved to my mum's place almost two years ago. I have never failed my responsibility to care for her needs. I really think it is time for me to bring her to the UK.
Expert:  Clare replied 10 months ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

When did you become a Uk citizen?

Where does the child's mother live?

Which court is the case being heard in?

Customer: replied 10 months ago.
I became a British Citizen in Feb., 2016I am not sure the whereabout of the mother, But she might still be in NigeriaThe case in a High court in Ibadan, Nigeria
Expert:  Clare replied 10 months ago.

Will your mother agree to the move?

Customer: replied 10 months ago.
Move here to live in the UK?
Customer: replied 10 months ago.
My mother is almost 70 year and not sure if she will want to come and live here
Expert:  Clare replied 10 months ago.

No I mean will she agree to the child moving here?

Customer: replied 10 months ago.
she wanted me to bring
Customer: replied 10 months ago.
I mean she desire so much that the girl lives with me here in the UK. with that I will be able to take care of her
Expert:  Clare replied 10 months ago.

Ok

What do you wish to know about this?

Customer: replied 10 months ago.
what will I need to apply for her? an indefinite leave to remain or British Citizenship? can I still go ahead even if the court did not grant me sole custody since we dont know the whereabout of her biological mother? how do I go about the application process?
Expert:  Clare replied 10 months ago.

What steps have you taken to trace the mother?

Customer: replied 10 months ago.
Honestly, I havent done anything other than try her phone on several occassion. Since she dropped off my daughter at my mother's place, she hasnt returned to check on her. I on the other hand hardly go to Nigeria and my mother is getting too old for her bones.
Expert:  Clare replied 10 months ago.

Are you asking the Court for permission to bring the child to the UK?

Customer: replied 10 months ago.
my lawyer is asking for a sole custody as agaisnt the joint custody that was awarded both of us. Our divorce is absolute. just incase this might help
Customer: replied 10 months ago.
you think I should ask for permission to bring her to the UK instead of the sole custody? Will the UK Home office honour such permission if granted by the court?
Customer: replied 10 months ago.
Hello
Expert:  Clare replied 10 months ago.

Which country was the child born in?

Customer: replied 10 months ago.
The child was born in Nigeria
Expert:  Clare replied 10 months ago.

You need to have the Permission of the Court to remove the child from Nigeria before you apply for a Visa.

You will need to apply for a visa which can be done online

https://www.gov.uk/join-family-in-uk/apply

You will need to pay the health care surcharge and also show that you can maintain her

However there is no reason why she will not be allowed to join you IF you get the Court Order.

Please ask if you need further details

Clare

Customer: replied 10 months ago.
Please enlighten me further. The court order you are talking about here could just be that I have the permission to remove her from Nigeria to join me in the UK and not necessarily a sole costody
Customer: replied 10 months ago.
Parent routes
‘Parent’ means:a natural (biological) parent
an adoptive parent
a step-parent where the biological parent has died
If the child was born in the UK but isn’t a British citizen and their birth parents are unable to look after them, anyone who takes on parental responsibility will also be considered a parent.If the child lives with youYou need to have either:sole parental responsibility
shared responsibility and the child’s other parent is a British citizen or is settled in the UK
If the child lives with their other parent or carerYou must:have access to the child in person, as agreed with the other parent or carer or by a court order
have shared responsibility for looking after the child
not be the partner of the child’s other parent
not eligible to apply for a visa as a partner
You must be able to prove that:you and the child are both living in the UK
the child is under 18 or was under 18 when you applied for a ‘family of a settle person visa’ to join them
you’re continuing to take an active role in the child’s upbringing
Customer: replied 10 months ago.
Please explain this part. I copied if from the link you sent to me."shared responsibility and the child’s other parent is a British citizen or is settled in the UK""have access to the child in person, as agreed with the other parent or carer or by a court order
have shared responsibility for looking after the child"
Expert:  Clare replied 10 months ago.

I am not sure quite what you mean.

You need the consent of the mother or an order from the Court to remove the child from Nigeria.

You are the parent of the child so are entitled to apply for a Visa for her to join you here

You are not using the parent route. That would only apply of the child had UK citizenship and you were applying to join the child here

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