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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6305
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir/Madam,Can the Senagalese mother of an illigitimate

Customer Question

Dear Sir/Madam,
Can the Senagalese mother of an illigitimate Child - born in 2008 who, has British Citizenship have a Right of Abode in the UK

At this time the mother is residing in Italy on the basis of a permeso di segorno - she has been there for a number of years - our daighter was born in Italy.

It would be a huge advantage if our daughter could receive a UK education. Ew do not live together.

PRB
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Who will have residence of child if she were to come to the u k? Would the other parent have contact with a child?

Kind regards

Tom
Customer: replied 1 year ago.
Dear XXXXX,
The Mother would like to go to England and for our daughter to live with her and attend 'day school'..

I have been and remain a non-UK resident (some 16 yrs) who spends less that 90 nights p/a in the UK - although I have investment income in the UK.

I have some contact with my daughter in fact she has spent 9 days with me in the UK over Christmas/New Year - although this is the longest period as of yet. Accordingly yes I envisage continuing access. Who knows maybe custody and control at some point.

Peter
Expert:  Thomas replied 1 year ago.
Hi

Are you a uk citizens?

Do you also know when the mother will be eligible for free italian citizenship?

Kind regards.

Tom
Customer: replied 1 year ago.
Hi Tom,
I have just called and asked the question:
Although the Mother arrived in Italy in 2004, she only obtained the Permeso di Sogorno 18/05/2009.
She also jas a Carta di Identica di Italia dated 05/10/2009.

P
Expert:  Thomas replied 1 year ago.
Hi

Okay, but you did not confirm if you were a UK citizen or not?

Tom.
Customer: replied 1 year ago.
Affirmative, I am a UK Citizen by Birth
Customer: replied 1 year ago.
Dear XXXXX,

I have a luncheon appt at 12:30 (I am in Italy) it is now 11:37 ALTHOUGH strangely I note your email responses appear to be timed at 05:30 am .....are you in Brasil or somewhere similar?

in view of the above, I need to shower and shave, will then check email in 20 mins prior to departure, then chk iPad around 12:30.

Thank you for your attention.

P
Expert:  Thomas replied 1 year ago.
Hi,

Thanks for your reply.

There are provisions in the immigration rules which allow the non u k parents to get leave to remain in the united kingdom on the basis of a child who how to contact with the other u k citizens parents. However in order to apply under these rules the uk's citizen parents must be permanently residence in the united kingdom and then must also be a court order ordering that the child and do u k citizen parent have contacts together

This means that I cannot see that she would be eligible to apply for this. This is because you are not permanently based in the united kingdom and or so that there is no court order ordering contacts at the present time. If you were a permanent resident in the u k which is to say that you spent more than 6 months in every 12 months in the united kingdom and there was a court order ordering contact between you and a child then the wife may have a possibility that she could apply under these rules. However under the present circumstances it is not a possibility.


Unless the circumstances are to change she will have to investigate with an italian immigration and nationality lawyer the earliest date by which she could become an italian national by naturalizing. If she does this then she can come to the u k with a child without restriction on the european economic area right.

If this is useful please kindly click accept and rate my answer as okay service or above.

If you do not then I do not receive any credit for the time I have taken to answer your questions.

Kind regards. Tom
Thomas, Solicitor
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Tom,

Many tganks, your answer is in line with my understanding of tge relevant legistlation.
The Mother - who currently has a 6 month Visa - wondered if, she were to :-

1. arrive again in the UK within the above 6 months visa period.
2. then put our daughter into school.

If she could apply for the extension of the Visa 'in order that our daughter can continue/complete her education.

.I could probably arrange to purchase a modest apartment (in trust for our daughter). I pay an agreed 1000 per month by way of Maintainance + School and Medical Fees for our daughter. She would obviously have no rent to pay in those circumstances.

Incidentally, I clicked the most favorable button for you :)

Kindest Regards

Peter
Expert:  Thomas replied 1 year ago.
Hi,

I will answer tomorrow morning.

Kind regards.

Tom
Customer: replied 1 year ago.
Thank you Tom
which part of the world do you practise?
Peter
Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
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Customer: replied 1 year ago.
Hi Tom
I was disappointed that google failed to find you. there are no Tom's but many and diverse Thomas's but, what you call The South England may not be the same as mine - I am, when in the UK based at Branksome Park, Poole, Dorset.
I believe my daughter's Mother may have become engaged to be married - I guess this could solve The problem !!!

Best Wishes for 2013 +++ many more hereafter

Peter
Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
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