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Ask Clare Your Own Question
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 33022
Experience:  25 years hight street experience
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Hi, thank you for taking time in advance for this! I shall

Customer Question

Hi, thank you for taking time in advance for this!

I shall try to keep this brief, Me (british national born) living in UK, married to Filipino who is in UK with Dual nationality, UK/Philippines. Have two children, one biological and one step son who is my wifes. They live in Philippines with my wifes brother/partner and their son.
Waiting for adoption to complete for my stepson.

Sorry for the quick/blunt background above, hope its ok.
Basically once the adoption is complete i would like to have them all in the UK, my sons have been with their uncle/partner and their child for a 4+ years now so see them as second parents and a 3rd brother so seperating them is not really an option, how best could this all be approached :( sorry this is a rough question and thank you.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.



If you wish for the children to join you in the uK, you and your partner will have to make an appication for a Dependents Visa.



Children cannot normally come to settle in the UK unless both parents are settled here or have been given permission to come and settle here. The only exceptions are where:


  • one 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
  • one parent is settled or coming to settle in the UK and there there are serious reasons why the child must be allowed to come here.


(The term 'parent' includes the stepfather or stepmother of a child whose father or mother is dead, both parents of an illegitimate child, and an adoptive parent in certain circumstances.


Your child must show that they:


  • are not leading an independent life;
  • are not married or in a civil partnership;
  • have not formed an independent family unit; and
  • are aged under 18.


If you and your child meet the above requirements, and you can show that you have accommodation where you can all live without help from public funds, you can bring your child to settle in the UK.


I hope this answers your question. If so, kindly click accept.


If you wish to discuss, please feel free to ask further questions.


Kind regards,


Customer: replied 5 years ago.
Relist: Incomplete answer.
My query appears to have only been quickly read and the main concern was not addressed, I am affraid i can not authorise payment on such a shallow reply.

Martin Guilfoyle
Expert:  Clare replied 5 years ago.
Hi - I am sorry but unless your brother in law and his wife are entitled to apply for a Visa in their own right then there are no options available. They are not your dependents and no matter how close the children have become to them there is simply no way that this can be sued to bring them to the UK. I am sorry. Claire

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