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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10190
Experience:  Barrister 17 years experience
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I am a British citizen and am about to give birth to a child who wi

Customer Question

Hi,
I am a British citizen and am about to give birth to a child who will hold a British passport. Her father is a Cuban national and we are separated but have a very good relationship still.
He wants to apply for an access to child visa and I will go to court to get the necessary paperwork for shared custody/responsibility.
He lives in a third world country and earns roughly £15 a month.
My mother is happy to Sponser him she earns roughly £32,000 a year and has a home he can stay at. Or he is welcomed to stay in my house whilst looking after the baby so o can work.? Would we meet the requirements with this?
Submitted: 8 months ago.
Category: Law
Expert:  Buachaill replied 8 months ago.
1. Dear Lucy, under the Zambrano ruling of the European Court of Justice, the father of any EU citizen child, such as a British child, has the right to both live and work in any country of the EU, such as the UK to support that British citizen child. Accordingly, once the child you have is born, the Cuban father will become entitled to a visa to live and work in the UK to support your child. This is a free-standing right and whilst it is necessary to show that the Cuban father won't be a burden upon the State, there is no income requirement for him to come and live in the UK. Accordingly, if you can show he has funds available to him to live for the first period in the UK and has a place to stay, then he will be given a visa to come and live in the UK. In this way, you can help the Cuban father, even if you are separated and he can come and live and work in the UK to support your child.
Expert:  Buachaill replied 8 months ago.
1. Dear Lucy, under the Zambrano ruling of the European Court of Justice, the father of any EU citizen child, such as a British child, has the right to both live and work in any country of the EU, such as the UK to support that British citizen child. Accordingly, once the child you have is born, the Cuban father will become entitled to a visa to live and work in the UK to support your child. This is a free-standing right and whilst it is necessary to show that the Cuban father won't be a burden upon the State, there is no income requirement for him to come and live in the UK. Accordingly, if you can show he has funds available to him to live for the first period in the UK and has a place to stay, then he will be given a visa to come and live in the UK. In this way, you can help the Cuban father, even if you are separated and he can come and live and work in the UK to support your child.
Expert:  Buachaill replied 8 months ago.
2. There is no need to show that he will look after the child. He can simply seek work from when he arrives. So long as he shows parentage and that he is a primary carer for the child, in that he will help with the child, then he will get a visa. Here is a link to how to get this derivative residence card https://www.gov.uk/derivative-right-residence/overview. It also shows you how to apply.
Expert:  Buachaill replied 8 months ago.
3. Please Rate the answer as unless you Rate the Answer your Expert receives no payment for answering your Question so there is no incentive to answer any further questions.

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