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Applying for a Child (Dependent Visa)

Discussion in 'UK Visa and Immigration Help' started by aling, Jun 2, 2020.

  1. aling
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    aling Member

    Hello everyone!

    I am a newbie here, but I am grateful I got to read some forums here relating to application of CHILD / DEPENDENT VISA. I am currently in the process of gathering and paperwork and requirements for my 10 year old child to be here with me and my husband soon. Here is my situation:

    My Filipino husband has ILR (will soon be a British citizen this year) status. I came here to the UK to join him last October 2019, leaving my daughter under the care of my father in the Philippines. My daughter's father and I are unmarried, and I have always had sole responsibility of her since she was born. We are still in the process of having her adopted by my husband, but due to the COVID 19 situation, it has pushed the status very slowly so we have decided not to wait for the adoption process to be over so she can join us quicker.

    My question is, who should be her sponsor for the application?
    My husband who is her stepfather, or ME?


    Regards,
    ALING
    Last edited: Jun 3, 2020
  2. bigmac
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    bigmac Well-Known Member Trusted Member

    welcome to the forum.
    on what basis did your filipino husband come to the UK? what visa does he have ?
  3. aling
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    aling Member

    Hello, Bigmac. He came here under a working visa. I came here under Spouse Visa.
  4. bigmac
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    bigmac Well-Known Member Trusted Member

    he is your sponsor, therefore also your daughter's sponsor.

    i was my wifes' sons sponsor.

    your husband is your daughter's stepfather.
  5. aling
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    aling Member

    Great! Thanks
  6. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    If your husband doesnt meet the financial requirements to sponsor you both and you are working you can use your earnings aswell as your husbands to meet the financial requirement.
    Good Luck
  7. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Is your wofes son here now? Have i missed that bit of good news?
  8. aling
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    aling Member

    Hi Mattecube! So that means either of us can sponsor. Who do you think is the best bet though?

    Both of us meet the financial requirement to sponsor (amount/income wise) but I have only worked here for 3 months, while my husband has worked here for 5 years already.

    Will it also affect my child's duration of stay here? I may be wrong but her duration of stay will depend on the sponsors' duration, right?
  9. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Your husband needs to be the sponsor as you will have to provide payslips and bank statements over the last six months prior to applicstion date.
    No the sponsor wont affect the duration of your daughters stay but you will as she becomes your dependent.
    You can be cute here and look at the timing of the applications.
    My wife came here in 2015 her daughter 2017 wife is at 5 years in UK October 2020 and her daughters BRP has been brought in line with jer mothers so even though the daughter has not done 5 years in the UK she will qualify for ILR at the same time as her mother.
    You will qualify for ILR in October 2024 ( 5years of being in the UK)
    If you left your daughters application another 18 months you could save costs!
  10. bigmac
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    bigmac Well-Known Member Trusted Member

    no--no further action on our part. probably wait till after Nida gets her ILR or citizenship..which is next year. her son is 14 now., so time is on our side.
    • Like Like x 1
  11. bigmac
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    bigmac Well-Known Member Trusted Member


    just a thought--doesnt the sponsor have to be a british citizen / settled person ?
  12. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    ILR is settled
  13. bigmac
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    bigmac Well-Known Member Trusted Member

    is your daughter's father still "in the picture "...does he have any contact or involvement with her. Is he named on her birth certificate ?
  14. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    The child is illegitimate under Article 176 of the family code and the mother has sole responability

    According to Article 176 of thePhilippine Family Code, a child is considered illegitimate if the child is born out of wedlock, and in such cases, the parental authority and custody of the child fall on themother.19 Apr 2018
  15. bigmac
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    bigmac Well-Known Member Trusted Member

    yep--i know. thats how the philippines see it..but how about UKVI ?
  16. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Ive always understood it that they respect the laws of any given country thats recognised by convention
  17. bigmac
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    bigmac Well-Known Member Trusted Member

    well--i'm sure ukvi look for any reason to refuse an application..and i know from bitter and expensive experience its better to go in fully armed to avoid giving them any excuse.

    in this case--the mother--like many on this forum, has left her child behind in the care of a close relative while she joins her husband in the UK. So this is an immediate opportunity for UKVI to delve deeper to find if the child is best left where she is. the human rights of the child are ignored if theres a chance of a refusal.
  18. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    I accep the arguement that always go well prepared, however you, they or I could take the view that in this instance " by getting a consent of the father then the mother has allowd him parential responsability to an extent, what else has she allowed him" even though it is contary to Article 176 she has allowed it! So by doing so she has complicated her situation.
    Its I believe a different ball game where like your wife she was married to the father as where the many others that you are thinking about.
    I cannot recall anyone on here that has raised a similar situation, can you?
  19. bigmac
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    bigmac Well-Known Member Trusted Member

    i cant recall his name, but we had a case about the same time as ours--a mans wife was granted a spouse visa--but her young child was refused at the same time. the childs father was japanese; not living in the philis and had no contact with the child. but UKVI reasoned the father still had joint responsibility. the child was refused twice .

    in our case--the UKVI case worker who refused my wife's son then had the gall to give us a lecture about parental responsibility. Clearly had no idea about real life in the Philippines.
  20. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Wasnt that was davidbb and the parents were married!
    Your wife was married to the childs father so is different in this case.

    Here is UK gov link on parental resposabilities covering outside UK
    Last edited: Jun 3, 2020

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