Moving to UK
#1
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Joined: Mar 2018
Posts: 2
Moving to UK
Hi everyone
I hope you can help me, because I’m planning to move to UK. I have British passport by descend and never lived in UK. I’m a single mother and my son got pakistani passport. How can I move to UK with my son. He is turning 2 years old in may. We live in Denmark. I got sisters who live in UK. What is the rules and how can I apply permanent stay for my son? And what can I expect as a single mother ? I got full custody of my son.
I hope you can help me, because I’m planning to move to UK. I have British passport by descend and never lived in UK. I’m a single mother and my son got pakistani passport. How can I move to UK with my son. He is turning 2 years old in may. We live in Denmark. I got sisters who live in UK. What is the rules and how can I apply permanent stay for my son? And what can I expect as a single mother ? I got full custody of my son.
#2
Re: Moving to UK
You will likely need a child settlement visa for your son. Was he born in Denmark? What nationality is his father? Even if you have full custody of your son you will still likely require the permission of the father to remove your son from Denmark.
#3
Just Joined
Thread Starter
Joined: Mar 2018
Posts: 2
Re: Moving to UK
His fathers nationality is Pakistani. Yes my son is born in Denmark. According to the danish law I don’t need any permission to remove my son from Denmark after I got full custody in court. He is informed that I want to move to UK. His father and I don’t talk, because he got problems with temperament and had try to remove baby day after he was born from me. He was violent with me. And we have a big conflict. That’s why I have full custody.
#4
Re: Moving to UK
Both the UK and Denmark are members of the Hague Convention. You need to be careful that the 'full custody' you received also covers removing your son from Danish legal jurisdiction. These are normally separate arrangements. Unless your custody agreement explicitly states that you are able to do so then you would need permission from the father or another court order.
If you do have permission to take your son to the UK then he will normally need a child settlement visa. This will rely on you demonstrating that you have sole responsibility for his care. Your son should receive Indefinite Leave to Enter the UK so you do not need to pay the Immigration Health Surcharge. After three years of residing with you in the UK you can register him as a British citizen under S.3(5) British Nationality Act 1981. This will grant him British citizenship otherwise than by descent.
As you have been residing in Denmark your son may be eligible to apply for an EEA Family Permit under the Surinder Singh route. This has the benefit of being free of charge unlike the child settlement visa. More information is available here. Once in the UK you should obtain his EEA residence card. After three years you can then register him as a British citizen.
If you do have permission to take your son to the UK then he will normally need a child settlement visa. This will rely on you demonstrating that you have sole responsibility for his care. Your son should receive Indefinite Leave to Enter the UK so you do not need to pay the Immigration Health Surcharge. After three years of residing with you in the UK you can register him as a British citizen under S.3(5) British Nationality Act 1981. This will grant him British citizenship otherwise than by descent.
As you have been residing in Denmark your son may be eligible to apply for an EEA Family Permit under the Surinder Singh route. This has the benefit of being free of charge unlike the child settlement visa. More information is available here. Once in the UK you should obtain his EEA residence card. After three years you can then register him as a British citizen.