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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I want to apply under my wife but I don't know which

Customer Question

I want to apply under my wife but I don't know which application I will apply or form I will use. my wife have derivative residence card as primary carer British son age 6yrs and we have daughter 3years old born in UK and schooling in UK and I have family visiting visa for now .which is going to expire in 4 months. more so I study in UK ( BSC IN BUSINESS MANAGEMENT) .I came to UK in 2008 with my wife. I went back in 2012 wen post study visa refused .BUT MY WIFE STAY SINCE SHE APPLY FOR RESINCE CARD and I have been coming for visiting since 2012 and go back and my wife got her stay now , so I think I should able to apply or depend on her.

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
What nationality are you all please?
Kind regards
Tom
Customer: replied 2 years ago.
Nigerian
Customer: replied 2 years ago.
Me Nigerian
My wife nigeria Came to UK in 2008 .have derivative residence card in 2015
My dauther but born in UK in 2012 I guess nigeria .
My wife son from another father. British 6 years old
Thanks.
Gbenga adeyi.
Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
Do you mean that the child is british?
I have a meeting now, but I should be able to answer (after you have replied to the question) at about 10am
Tom
Customer: replied 2 years ago.

yes the boy is British and that is the boy that my wife use to have derivative residence card as a primary carer

so I want to apply under my wife as a partner but we do married in Nigeria in 2008.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If it is the case that you are married to your wife and your wife holds a derivative residence card but the child is only a British national, then I cannot see that you are eligible to apply under the EEA rules.
On this basis probably the most suitable application would be an FLR(FP) application on the basis of your relationship to your wife and also the child (as they are your step son).
It’s a very complicated application and you should definitely instruct a solicitor to draft it for you. A further complication is that you are on a visit visa, so you can be sure that they will reject the application and force you to appeal unfortunately.
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
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for your reply

More so if my daughter want apply under her since my wife got a derivative residence card . what application you reckon for my wife to do for her. BORN IN UK 2012 22 APRIL .

and for the application FLR(FP) do I need to pay FOR IMMIGRATION surcharge health fees (.IHS)

Expert:  Thomas replied 2 years ago.
Hi,
Your daughter would have to be added to your application as well.
The surcharge would also apply to you.
Tom
Customer: replied 2 years ago.

LASTLY . do I need to backup my application with my finance because I work in Nigeria and since I CANT NOT WORK IN UK WITH FAMILY VISA.

but my wife is working with virgin money credit card.

Any advice

Thanks.

Expert:  Thomas replied 2 years ago.
Hi,
Yes, you would have to show that you can support and accomodate yourselves without the need to access public funds.
Tom
Customer: replied 2 years ago.

THANKS.I WILL GET BACK TO YOU HOW IT GOES.

THANKS.

Expert:  Thomas replied 2 years ago.
You're welcome.
PLease remember to rate my answer.
Tom

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