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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 235
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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We recently applied step-daughters visa to settle in

Customer Question

We recently applied for my step-daughters visa to settle in the UK she is in the Philippines and we made the mistake of applying as a child of a settled person in the UK, as she is 22 this was refused.
I am British my birth and my wife has recently got her citizenship, my wife would really like her daughter to come and live with us, but we are having so much trouble picking which category we should apply under, our daughter is in good health, and would like to work in the UK.
Could you please tell us which category we should be applying, it is so confusing as depending on which government site you go on, they seem to give different answers.
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Frantz I replied 10 months ago.
Hello
Thank you for your enquiry. Please don't forget to click rate before you leave.
Have you considered making an adult dependent relative application under the family life category of Appendix FM? This type of application is apprioprate for an adult British citizen in the UK wishing to sponsor a child over 18 to settle in the UK. Making this type of application can be difficult as it requires careful consideration.
I hope this clarifies your question.
**********************************************************************
This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 10 months ago.
AS YOU START APPLYING YOU HAVE THREE CHOICE THE FIRST TWO ARE FAMILY SETTLEMENT AND IT THE LAST QUESTION I NEED THE HELP WITH , DO I PUT PARENT, GRAND PARENT AND OTHER ADULTS OR DO I PICK SOMETHING ELSE
Expert:  Frantz I replied 10 months ago.
What application form are you filling?
Customer: replied 10 months ago.
I AM TRYING TO GET MY WIFE'S DAUGHTER WHO IS 22 AND LIVES IN THE PHILIPPINES TO COME AND LIVE WITH US
Expert:  Frantz I replied 10 months ago.
What options have you considered.
Customer: replied 10 months ago.
WE TRIED TO APPLY UNDER FAMILY SETTLEMENT BUT AS YOU START APPLYING YOU HAVE THREE CHOICE THE FIRST TWO ARE FAMILY SETTLEMENT AND IT THE LAST QUESTION I NEED THE HELP WITH , DO I PUT PARENT, GRAND PARENT AND OTHER ADULTS OR DO I PICK SOMETHING ELSE
Customer: replied 10 months ago.
ARE YOU STILL THERE
Expert:  Frantz I replied 10 months ago.
As your step daughter isn't a child anymore - she is over 18 so applying as a child of a parent isn't an option. As you aren't a grandparent to your step daughter that option isn't available either. The only other option is other adult.
**********************************************************************
This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 10 months ago.
WHEN WE LOOKED INTO IT, IT SAYS DEPENDENT RELATIVE, THIS I DONT UNDERSTAND, SHE IS FULLY FIT AND I WILLING TO WORK, SO IS SHE STILL A DEPENDENT RELATIVE
Customer: replied 10 months ago.
A NOTE FROM MY DAUGHTER THE ONLY CATEGORY UNDER VISA SUB TYPE FOR SETTLEMENT VISA WHERE I QUALIFY IS AS AN ADULT DEPENDANT RELATIVE. BUT MY APPLICATION GOT REFUSED BECAUSE I DID NOT MEET THE REQUIREMENTS AS AN ADULT DEPENDENT RELATIVE BECAUSE I AM FIT AND HEALTHY SO HOW ELSE CAN I APPLY FOR SETTLEMENT VISA IF THE ONLY CATEGORY WHERE I QUALIFY IS I ALREADY GOT REFUSED WE APPLIED
FOR VISA UNDER THE CHILD OR OTHER DEPENDENT RELATIVE AND GOT REFUSED
Customer: replied 10 months ago.
ARE YOU STILL ONLINE
Expert:  Frantz I replied 10 months ago.
HelloMaking immigrations can be very complex. The application you are making is for categories as a partner, a parent of a child in the UK, a child of a partner or parent in the UK and an adult dependent relative. The reason your daughter's application all got refused and rightly so is because she does not meet the requirements. She does not meet the requirements under a family based application unless you can show dependency as a adult. Have you considered seeking independent legal advice as on JA we don't give legal advice. If you haven't I would suggest you do. So that an adviser can look closely at the adult dependent option. Making the application yourself in this category isn't as simple as it looks. If your daughter wants to come to the UK, she will need to make an application in her own right but not under a family based route. The other options available to her are as a worker, as a student or as a visitor (but this doesn't allow her to work) or as a partner of a settled person. There are no other viable options for her. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 10 months ago.
SO WE CAN NO LONGER APPLY UNDER FAMILY SETTLEMENT OF PARENT, GRAND PARENT AND OTHER DEPENDENT RELATIVES
Customer: replied 10 months ago.
HOW LIKELY THAT THEY WILL APPROVE HER APPLICATION FOR VISIT VISA SINCE I HAVE BEEN REFUSED RECENTLY FOR SETTLEMENT VISA.
Expert:  Frantz I replied 10 months ago.
HelloGiven the history of your daughters application refusals, applying to come here as a visitor raises the bar. But don't close options yet until you seek advice.The OISC has a register of advisers and you may find one close to you.

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