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Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
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I am a british citizen,and when I was 15 my parents emigrated

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I am a british citizen,and when I was 15 my parents emigrated to paraguay south america,I lived there for 23 years.I haven't been in contact with my daughter for 12 years due to not having an adress or phone number.I arrived back from paraguay to uk in the year 2000,and my daughter around a month ago found me on the internet.she is wanting to come and live with me here in the uk would there be a problem for her to do so?.I will keep her until she can get a job and keep herself. she doesn't speak English but I would teach her that isn't a problem. she also has a year old son could you help me on this any advice would be much appreciated. karen le gallez

Thank-you for your question. In order for your adult daughter (note: I am assuming she is an adult since she has a 1 year old son but please correct me if I am mistaken) to settle in the United Kingdom she would have to apply for indefinite leave to remain as the dependent relative of a person present and settled in the UK under rule 317 of the Immigration Rules. There are various requirements that she would have to meet, including showing that she is "living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom" and "has no other close relatives in her own country to whom she could turn for financial support". From the information that you have provided it seems unlikely that your daughter would be able to satisfy these requirements.

 

However, British citizenship may descend to one generation born abroad. So if you are a British citizen (otherwise than by descent) and your daughter was born outside the United Kingdom then she will be a British citizen by descent. She can apply for a British passport and, upon receipt of the same, will be able to enter and stay in the United Kingdom without any restrictions.

 

I hope this answers your question. Please kindly click ACCEPT so that I may be rewarded for my time. Thank-you.

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