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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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My husband is jamaican and has also recently become a british

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My husband is jamaican and has also recently become a british citizen. He has a 10 year old daughter from a previous relationship in jamaica. They live in Jamaica however he is in regular contact with his daughter and her mother and sends them a regular income. We have also been to jamaica and spent much of the time with my husbands daughter there. The mother may be seriously ill with cancer. How can my husband apply for his daughter to come to live with him in the uk? I understand that he can make an application for a dependants visa for his daughter to join us in the uk. Is there a form that can be down loaded to start of the process? In which case what is the form called? Can you provide any further advice regarding how we can go about this?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 3 years ago.

In order to bring his daughter to the UK, he will have to satisfy the requirements of rule 297 of the Immigration rules. Under Rule 297(i) there are different options under which you can apply depending on which suits your circumstances the best.

 

(a) both parents are present and settled in the United Kingdom; or

(b) both parents are being admitted on the same occasion for settlement; or

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or

(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care;

 

Both of the child's parents are still living, though separated which rules out (a)-(d) and it is unlikely that your husband will be able to demonstrate that he has sole responsibility since the child has been living with her mother who has presumably been making the day to day and major decisions in her life, even if it is funded by your husband.

 

The most likely category is therefore (f). You would need to provide evidence of the mother's illness, if possible, medical evidence that she is no longer well enough to care for the child, consent from the mother that the child can be looked after by your husband and if possible, a court order granting custody to your husband.

 

Other than the above, you husband would need to show that he can afford to maintain and accommodate her without recourse to additional public funds and that she is under 18 and not living and independent life or married.

 

You will need to apply to the Jamaican Embassy on form VAF4A and the fee is currently £750 but will be going up to £810 on 6 April 2011. The form can be completed online and payment made in local currency. All supporting documents will then need to be forwarded to the Embassy for consideration. Details can be found here http://www.ukvisas.gov.uk/en/applyonline/

 

I hope this answers your question in which case please Accept. If you require any further information, please ask.

CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
CharlotteSJ and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
I have a new question. What would be the procedure if you wanted to marry somebody who has overstayed their visa?
Expert:  CharlotteSJ replied 3 years ago.

I am happy to answer your new question but if it relates to a different topic than the first, I believe you need to start a new question thread. You can specifically direct the question to me to ensure that I am the one to answer it for you.

 

Thank you.

CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
CharlotteSJ and other UK Immigration Law Specialists are ready to help you

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CharlotteSJ
CharlotteSJ
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I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.