Getting an ex- Thai gf and child to UK

[josh1990]

18 months ago I had a child with at the time gf. Since then we have broken up and things have been difficult. There's no chance of us being back together again. But it would be a much better life if she could move to the UK with my daughter. 

Is this possible? I am willing to o help in anyway I can but I don't want to get married if that's the only way. I am willing to support them both and house them if that makes any difference. 

[post]

1 hour ago, josh1990 said:

18 months ago I had a child with at the time gf. Since then we have broken up and things have been difficult. There's no chance of us being back together again. But it would be a much better life if she could move to the UK with my daughter. 

Is this possible? I am willing to o help in anyway I can but I don't want to get married if that's the only way. I am willing to support them both and house them if that makes any difference. 

Just a matter of interest:

 

1) What is your immigration/visa status in the UK?

 

2) Are you named in the child's birth certificate? 

[theoldgit]

Off topic and bickering posts removed.

As was pointed out by another member, sorry I needed to remove that post as well, this guy has asked for advice on helping his ex partner obtaining a visa to move to the UK, let's stick to answering the question please.

[7by7]

Assuming you are British not by descent your daughter is a British citizen, and so can, of course, live in the UK. You should get her a British passport. (If you are British by descent, then your daughter is not automatically British; you can use this tool to check whether she is or not.)

 

As you and her mother are no longer in a relationship, there are two ways I can think of for her mother to live in the UK as well.

 

1) She can apply as the parent coming to look after her child. From Apply to join family living permanently in the UK; 3.Eligibility

Quote

Coming to look after your child

Your child must be under 18, living in the UK, and either a British citizen or settled in the UK.

You must prove that either:

• you’re the only parent of the child and you’re the only person who’s responsible for them (you have ‘sole responsibility’), or
• 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)

You must also:

• prove you’re taking an active role in the child’s upbringing
• be able to support and accommodate yourself without claiming public funds

 

2) The other way is to use the EEA regulations and apply under the Zambrano ruling. However, as can be seen, to be successful your ex must prove that she is solely and totally responsible for her daughter's care such that if she was unable to live in the UK then your daughter's right to do so as a British citizen would be completely curtailed.

 

In other words, if your ex couldn't live in the UK, then neither could her daughter because there would be no one to care for her.

[robertthebruce]

You could financially support them both here in Thailand....

 

 

[bobrussell]

Zambrano is probably a non-starter because your child could live with you. Therefore is not dependent on the mother living in the UK to assert the right to reside within the EU.

7by7's 'Coming to look after your child' is more likely to be successful IMO as long as she can show it is affordable. As I remember it the mother is allowed to work whilst in the UK but it has been a long time since we were exploring this on behalf of my sister in law!

 

Both routes are based on the rights of the child rather than the applicants rights. It does not work if the two parents are in a relationship. That would be a spouse/partner settlement visa!

 

An eye watering fee of £1,195 plus NHS supplement etc.

https://www.gov.uk/join-family-in-uk/overview