UK VISA - 'Coming to look after your child'

[just an idea]

Hello,

I have a quick question regarding the requirements for a UK Visa for my Thai wife who is about to apply 'to join family permanently living in the UK'.

I'm looking at this page: https://www.gov.uk/join-family-in-uk/eligibility

There seem to be a few different categories within 'Visa to join family permanently living in the UK'; Joining your partner, joining your parents, coming to look after your child, and coming to be cared for.

The 2 possibilities for us are 'joining your partner' or 'coming to look after you child'. We had been assuming 'joining your partner' was the right one, which comes with the tricky financial requirement.

We have a 4 month old Daughter who is a British Citizen (or will be soon when we get her passport), so I think my wife will be applying as if she is 'Coming to look after your child'. The bit I am confused about is under this section it doesn't mention the financial requirement of 18,600 as a requirement. Does that mean we don't need to earn 18,600 if we apply under this category?

Is it that easy? I find the wording very odd in the requirement explanation:

"your child lives permanently with another parent or carer who’s British or settled in the UK and not your partner, and you want to help raise them (you’ll need to prove you have access to your child in person, either agreed with the other parent or carer, or by a court order)"

Does that mean that the British child who will be living with me the farther in England, may be joined by the Thai mother?

It does say we must be able to support and accommodate ourselves without claiming public funds... does that mean there is a financial requirement or not?

Kind Regards

Adam

[sunnyjim5]

I think you have posted (perhaps inadvertently) in the wrong forum.

Ask a Moderator to move your question.

[Maestro]

I moved this topic fro the forum "Thai visas, residency and work permits" to the forum "Visas and migration to other countries"

[Richard W]

"your child lives permanently with another parent or carer who’s British or settled in the UK and not your partner, and you want to help raise them (you’ll need to prove you have access to your child in person, either agreed with the other parent or carer, or by a court order)"

I'd be a little leary of trying to claim that one.

[just an idea]

Sorry for putting this into the wrong forum section, and thankyou to Maestro for relocating for me.

It's the 'or's in the sentence that make it confusing for me:

"your child lives permanently with another parent or carer who’s British or settled in the UK and not your partner, and you want to help raise them (you’ll need to prove you have access to your child in person, either agreed with the other parent or carer, or by a court order)"

of those possibilities, the first one 'your child lives permanently with another parent' seems to fit. Me being the father and therefore the other parent. I'm also a 'carer who's British'.

Does anyone know of a more detailed document explaining this criteria? I can read lots about the financial requirement but I can't find anything about this beyond whats in the summary of requirements I linked to.

[7by7]

If applying to come to the UK in order to exercise family life with a child the financial requirement Appendix FM1.7 doesn't apply.

Instead, the applicant has to show that they can support and accommodate themselves (or will be supported and accommodated by someone else) in the UK without access to public funds.

But; from Appendix FM of the immigration rules:

Family life as a parent of a child in the UK

Relationship requirements

E-ECPT.2.3. Either -
(a) the applicant must have sole parental responsibility for the child; or
( b ) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant; and
(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.
(7by7 emphasis)

Your wife does not have sole parental responsibility for your child; you both share it jointly. So para E-ECPT 2.3(a) is not met.

She could, though, still apply if para E-ECPT 2.3( b ) is met.

But your wife is your partner and she is eligible to apply for entry clearance as such under the Appendix. So whilst sub para (I) is met, (ii) and (iii) are not met.

Therefore, I'm afraid she is not eligible to apply as the parent of a child in the UK.

(edited to correct typos and change ( to ( b ) (damn smiley software!))

Edited March 1, 2016 by 7by7