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Lawyer21
Lawyer21, CILEx Lawyer & SRA Accredited Immigration Adviser
Category: Immigration Law
Satisfied Customers: 2577
Experience:  CILEx Lawyer & SRA Accredited Immigration Adviser
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Can you file for a child who is 17 plus, no paperwork work

Customer Question

Can you file for a child who is 17 plus
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: no paperwork work in yet , live in Uk Jamaican citizens marriage to uk citizens
JA: Have you talked to a lawyer about this?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no proceeds
Submitted: 10 days ago.
Category: Immigration Law
Expert:  Lawyer21 replied 10 days ago.

Hi How can I help?

I will read your question and respond

Expert:  Lawyer21 replied 10 days ago.

Is this a UK question regarding Immigration law?

Customer: replied 10 days ago.
Expert:  Lawyer21 replied 10 days ago.

Can you kindly explain what you are looking to do?

Customer: replied 10 days ago.
I am trying to file for my daughter who live in Jamaica who will be turning 18 on the 15 of October 2020. My husband is a UK citizens and I am on a 2 year visa which is renewal
Customer: replied 10 days ago.
you understand
Expert:  Lawyer21 replied 10 days ago.

I see so you are looking to apply for Settlement visa - child under 18 to join parents in the UK?

Customer: replied 10 days ago.
settlement visa the child is 17 plus
Customer: replied 10 days ago.
She will be 18 October
Expert:  Lawyer21 replied 10 days ago.

I will send more information.

Is there any reason why you have not applied previously before?

Customer: replied 10 days ago.
No reason
Customer: replied 10 days ago.
Can it work at this age when she is about to turn 18 in October
Expert:  Lawyer21 replied 10 days ago.

If you are a child under 18 living overseas and you have a parent or other relative who is either settled or applying for settlement in the UK, then you may be eligible to apply for a child visa to enter and remain in the UK indefinitely.

If you are the child under 18 of a parent who has, or is applying for, limited leave as a partner (spouse, civil partner or unmarried partner) of a British citizen or settled person then you may be eligible for a child visa for limited leave in line with your parent.

Requirements for a UK Child visa

Requirements for Indefinite Leave to Enter the UK as a Child

An application for indefinite leave to enter the UK as the child of a settled parent or relative may be appropriate in the following circumstances:

  • Where the child is coming to the UK to live with both parents and either:
    • Both parents are British citizens or have indefinite leave to remain, or are being admitted on the same occasion for settlement; or
    • One parent is a British citizen or has indefinite leave to remain, and the other parent is applying to come to the UK.
  • Where the child is coming to the UK to live with only one parent and either:
    • One parent is a British citizen or has indefinite leave to remain, and the other parent is dead; or
    • One parent is a British citizen or has indefinite leave to remain, and that parent has had sole responsibility for the child’s upbringing; or
    • One parent is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.
  • Where the child is coming to live with another relative who is not their parent and the relative is a British citizen or has indefinite leave to remain, and there are serious and compelling family or other considerations that mean that it would be undesirable to exclude the child from the UK.

Additionally, the child will have to show that they satisfy the following requirements:

  • They are related to the parent or other relative as claimed; and
  • They are under 18 at the date of application; and
  • They are not married, in a civil partnership or leading an independent life; and
  • There is adequate accommodation and maintenance for the child, without relying on public funds.

Requirements for Limited Leave to Enter or Remain in the UK as a Child

An application for limited leave to enter or remain in the UK as a child in this category may be appropriate where the child’s parent is applying for entry clearance or leave to remain as the partner of a British citizen or settled person in the UK or where the child’s parent has already been granted entry clearance or leave to remain as a partner of a British citizen or settled person in the UK.

In order to qualify for entry clearance or leave to remain as the child of a parent with limited leave as a partner, the child must be able to demonstrate that:

  • They are the child of a parent who is in the UK as, or applying to come to the UK as, a partner;
  • The applicant’s parent’s partner is also the applicant’s parent, unless either:
    • the applicant’s parent has sole responsibility for the child; or
    • 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.

Additionally, the child will have to show that they satisfy the following requirements:

  • They are under 18 at the date of application, unless applying to extend leave granted in cases where the applicant has subsequently reached the age of 18 but not yet obtained settlement;
  • They are not married, in a civil partnership or leading an independent life;
  • There is adequate accommodation and maintenance for the child, without relying on public funds.

Under the Immigration Rules, the UK sponsor will also need to demonstrate that they satisfy a financial requirement by having a gross annual income of at least £18,600 plus £3,800 for a first child (who is not British, settled or an EEA national) plus £2,400 for each additional child (who is not British, settled or an EEA national). Different considerations will apply if the UK sponsor is in receipt of certain benefits.

Expert:  Lawyer21 replied 10 days ago.

You need to apply now before she turns 18 and need to establish dependency

Customer: replied 10 days ago.
How can I apply for this
Expert:  Lawyer21 replied 10 days ago.

https://www.gov.uk/uk-family-visa/parent

Expert:  Lawyer21 replied 10 days ago.

Thank you

Customer: replied 10 days ago.
100%
Expert:  Lawyer21 replied 10 days ago.

Before you go,

I would be grateful if you will give me a positive rating by clicking on the above stars and press submit. I would appreciate it

The purpose of the rating is to assist others and continue to provide a high level of service on Justanswer. This is also how we are credited for our time on JA.

Expert:  Lawyer21 replied 10 days ago.

You would need to click on where it says Rating and press submit