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Posted

I am asking this question for a friend who has a Thai wife,

The wife has applied for indefinite leave to remain in the UK. She now wants to bring her daughter to the UK , Her daughter is 15, She has dyslexia type 2. Although Dyslexic she does not show any signs of Dyslexia. she cannot grasp The English language, She probably could learn in time,but it may take years. My Question is , Could she apply for a visa for her daughter to come live with her in the UK , I know you are suppose to sit the English test so to speak. Could it be waved because of her disability .and how would you apply , What would be the best route for her to apply for her a visa if possible .

Thanks for your replys in advance.

Posted

She should apply for settlement as the child of a person settled in the UK. As she is applying as a child and not a spouse or partner she will not need an A1 English certificate with the application.

Assuming her mother has ILR when the child applies then she will be granted ILE (Indefinite Leave to Enter), which is the same as ILR except it's granted outside the UK, whereas ILR is granted within. BTW, applicant's for ILR and ILE who are under 18 do not need to satisfy the knowledge of life and language in the UK (KOL) requirement. However should she later wish to be naturalised as British and is by then over 18 she will, unless her disability is accepted as severe enough to make her exempt (see Knowledge of language and life in the UK).

Direct your friend to SET07 - Children, telling him to pay particular attention to SET7.8 What is sole responsibility?

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