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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7663
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am planning to remarry a woman from a non commonwealth country.

Customer Question

I am planning to remarry a woman from a non commonwealth country. She has got a 9 year old son. I would like both of them to come and live with me. Both of them hold different surnames to mine and to each other as the child is from her ex husband.
Do I have to adopt the child in order for them to be granted a spouse and dependant visa respectively?
I understand that adopting a child would mean the child having a right to my estate. I also have a child and would therefore want to leave the division of estates upto my will (written will). I want to have complete hold of my assests without having to compromise with anything.
How would the immigration aspect work? Do I have to adopt the child after the marriage of could they just accopany thier mother as a dependant. The mother has her name in the child's passport.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Thanks for your question.

What nationality are you please?

Kind regards,

Customer: replied 3 years ago.

I am in the process of applying british passport in a weeks time. I have ILR at the monet. I am from India.


I intennd to get the british passport but if it helps me having an indian passport with the above process then I do not mind holding the british citizenship until a bit later till the woman and her child is here.

Expert:  Thomas replied 3 years ago.

Thanks for your reply. Drafting your answer now. 5 mins please.

Expert:  Thomas replied 3 years ago.


Thank you for your question and patience, I’m Tom and I’ll try to help you.

Your wife will need to apply for a spouses visa (ie. Settlement) if to come here to settle with you permanently. The child will also have to make an application. It is not necessary for you to adopt the child provided that your wife is the child’s mother and the consent to of the child’s father to the relocation is obtained.
The UKBA webpage on spouse visas is here:

The eligibility criteria is here:-

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• She will also have to meet the English language requirement:

He will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.

You can find Uk immigration solicitors through the following Law Society Website search engine:-

If you simply proceed without adopting the child then they will not have an automatic claim on your estae

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,

Customer: replied 3 years ago.

Dear Tom,


I will need time to review information you have given before I rate your service. But quite honestly so far it has been really good.


Please hold on just in case domething crops up in my mind.

Expert:  Thomas replied 3 years ago.
Sure, no problem.

Expert:  Thomas replied 3 years ago.

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,