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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am married to a Ukrainian woman and my wife wants to know

Customer Question

I am married to a Ukrainian woman and my wife wants to know at what age can her daughter come to the UK?
The child's father refuses to give his permission. She is now 16 years of age. We live in Scotland
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I assume that your wife is here on a spouse visa by virtue of you being a Uk citizen or foreign national holding indefinite leave to remain in the UK.
The child can apply on the basis of being the dependent of your wife until she is 18. Once she turns 18 she will become an adult for the purpose of the immigration rules which means that she could no longer apply on the basis of being the child of your spouses.
As your daughter is 16 at the moment, time is an issue here since children matters (ie. who has residence) generally take quite a bit of time to sort out.
I would suggest that if the father of the child is not giving his consent then your wife should instruct a family lawyer in the country where child/father are based and aggressively pursue either his consent to the relocation or a court order ordering the relocation.
I am sorry that I could not have better news for you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

My wife is now a British citizen, So the bot***** *****ne is until she is 18 she needs her fathers permission.

Expert:  Thomas replied 2 years ago.
Hi,
Correct, but if the daughter is not in the UK then her residence (ie. where she lives) will be resolved according to that country's laws, which is why she needs to instruct a lawyer from that country.
Once she turns 18, she would need a visa to come to the UK and could not use her mother's status as a UK citizen to get this. This is why it's important (if she ultimately wishes to live in the UK) for her to come here before she's 18 so that she can benefit from her mother's status..
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Are you able to respond to the above post in order that I may provide you with an answer please?
Kind regards,
Tom

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