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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My partner is a British citizen and he has two kids in Jamaica

Resolved Question:

My partner is a British citizen and he has two kids in Jamaica that he Wants to come Live With us here but im the one who earns the high salary ...I would like to know what we should do to start the process
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you confirm if you and your partner are married?
How old are the children?
How much is your annual salary?
Do you have enough space in your property to accommodate the child?
Kind regards
Customer: replied 3 years ago.

We are living together but not married....my salary for the year is £42k we are living in a three bed flat

Customer: replied 3 years ago.

The kids age is 11 and 13

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.
What salary is your partner earning?
How long have you been in a relationship?
Kind regards
Customer: replied 3 years ago.

We are living together for 6 months

His earn £200 pw sometimes less if the company don't have work for the whole week

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.
Could you please confirm where the child of the mother is?
Kind regards
Customer: replied 3 years ago.

The children lives with my partners mother and she can't look after them any more

Their mother live in Jamaica

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply. I apologies for the delay in reverting back to you.
The issue I have with this application is that the father seems to not be earning enough although the fact that you are earning will help the situation. The requirements of the immigration rules are as follows:
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or
f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and
(vii) does not fall for refusal under the general grounds for refusal.
The other problem with the application is that you and your partner have only been in a relationship for 6 months and I am not sure how the home office will view the fact that someone who has only been in a relationship for 6 months is wanting to jointly sponsor the children to the UK.
You need to take note of the fact that the children will be sponsored by the father and what you would need to do is jointly support him financially regarding the child and provide evidence of his earnings and your earnings such as pay slips, bank statements, employers letter to confirm income.
As you will note from the requirements of the rules you would also need to show evidence of where the mother is and if the mother does not want have anything to do with the children then she must write a letter confirming this. Also the father would need to obtain a letter from his parents who have been looking after his children to confirm that they are happy handing over custody of the children to their son in the UK.
You would need to also provide evidence that the child are your partners, so he may wish to undertake a DNA test as well as providing birth certificates for the children as part of the application. In addition evidence that he has been in contact with the child since their birth, evidence of him visiting them, evidence of telephone, skype conversations, money he may have sent, photographs etc to show he still has an input in the childrens lives.
You would need to apply online using the following link:
https://www.visa4uk.fco.gov.uk/
You would then need to print off a copy of the form and send this with all the supporting documents to the children, they will then add their passports etc to the documents and then go with their grandparents to submit the application on the appointment date.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Would it make a difference if we were together for 1 or 2 years or if we were married (