Applying for child to live with me in UK

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Old Jan 22nd 2022, 6:11 pm
  #1  
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Default Applying for child to live with me in UK

Hi,

I currently hold a UK spouse visa and was just granted FLR last year. I now wish to bring my child (under 18) to the UK to live with me and my husband who is a british citizen. He's my child from my previous husband who has passed away several years ago.

We are currently applying under the visa type:
Apply to enter the UK as the child dependant of a parent who is applying for (or already has) permission to be in the UK as a partner

Is this the correct type of visa for our circumstance?

One of the requirements (below) which I am not sure of. Since my previous husband is dead, does it mean we qualify for (b) since only having 1 parent (me) I now have the sole responsibility for him.?

E-ECC.1.6. One of the applicant’s parents must be in the UK with limited leave to enter or remain, or be being granted, or have been granted, entry clearance, as a partner or a parent under this Appendix (referred to in this section as the “applicant’s parent”), and
(a) the applicant’s parent’s partner under Appendix FM is also a parent of the applicant;or
(b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing; or
(c) 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.


Thanks in advance!
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Old Jan 23rd 2022, 12:58 am
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Default Re: Applying for child to live with me in UK

As your previous husband had custody of the child and he (the husband) has been dead for several years, there might be a question as to who has had sole responsibility for the child and his/her upbringing in the interim years.
How old is the child and are the current carers/guardian willing for them to go to the UK?
Presume you are applying with your husband being the sponsor (since you are only on FLR(M))
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Old Jan 23rd 2022, 1:21 pm
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Default Re: Applying for child to live with me in UK

Hi, thanks for your reply.
He's now 17 yrs old and currently living with his grandparent (my mom and dad) and of course they want me to re-unite with my son.
Yes we are applying with my husband and he's the sponsor.
Do we just need to show the death certificate of my previous husband to prove I now have sole responsibility? Of course I have taken care of my child since his father passed away.
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