Child has british passport

Old Oct 8th 2017, 12:55 am
  #1  
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Question Child has british passport

Hi, im a single mom of a five yr old son who is holding a British Passport. My ex is living in UK and his family. he just supports my son for PHP 15,000. a month. I am the one supporting him with education and all others. I have a great job here in the Philippines but I am seeking new opportunities for my son. My questions are:

1. Can i move in the UK? what type of visa?
2. What are the chances I can get a visa as my son’s dependent?
3. Can we ask for financial support with his father?
4. Any tips?

Thanks!
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Old Oct 8th 2017, 2:14 am
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Default Re: Child has british passport

Hopefully someone like Brit in Paris will be along later with more detail , but as I understand it:
1. No, you do not appear to qualify for a visa , other than maybe a study visa.
2. None currently
3. You say you are already getting financial support of 15K pesos a month. This is good and is more than a lot of people here earn! Are you looking for more money from him? If so then you will have to go to court here and apply. The court may say you are entitled to LESS than you currently get, plus you would have to pay to get the decision actioned in UK under the reciprocal court agreement.
4. Are you divorced from your ex? If so where was the divorce granted? If outside the Phils and your Ex initiated the divorce, you can apply for Judical Recognition of the divorce and then be free to remarry here.

I'm sorry but on the information provided, your chances of getting a visa for the UK are small to non existent. As a Brit Citizen your son, when he is old enough can just turn up at UK immigration and enter the UK so he can try and find opportunities in the future.

Last edited by quiltman; Oct 8th 2017 at 2:16 am. Reason: realised the son is 5yrs old! Must read posts more closely!
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Old Oct 8th 2017, 2:23 am
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Default Re: Child has british passport

Oh okay.

We didnt marry. And he just give 200 pounds or 15,000 philippine pesos for paternal support. Is that enough for a five year old?

Im thinking that if i move him there since he is british by decent and i would be his dependent and so i get a job? So its not possible?
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Old Oct 8th 2017, 5:41 am
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Default Re: Child has british passport

Originally Posted by Sprintqueen77
Oh okay.

We didnt marry. And he just give 200 pounds or 15,000 philippine pesos for paternal support. Is that enough for a five year old?

Im thinking that if i move him there since he is british by decent and i would be his dependent and so i get a job? So its not possible?
No .... you cannot qualify as your 5 year old's dependent.
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Old Oct 8th 2017, 9:15 am
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Default Re: Child has british passport

Originally Posted by Sprintqueen77
Hi, im a single mom of a five yr old son who is holding a British Passport. My ex is living in UK and his family. he just supports my son for PHP 15,000. a month. I am the one supporting him with education and all others. I have a great job here in the Philippines but I am seeking new opportunities for my son. My questions are:

1. Can i move in the UK? what type of visa?
2. What are the chances I can get a visa as my son’s dependent?
3. Can we ask for financial support with his father?
4. Any tips?

Thanks!
While the OP cannot move to the UK, she can move to another EU country base on the fact that she is the primary carer of an European Economic Area (EEA) national under European law.

In the Chen case, the ECJ ruled that a primary carer of an EEA national child with sickness insurance residing in an EEA country based on self sufficient person can be allow to stay if the carer has enough resources that the child will not be a burden on public funds.

https://www.gov.uk/government/public...en-cases-eun05

The OP's child, being a British Citizen, cannot exercise EEA treaty rights in the UK, this means that the OP cannot stay in the UK based on the Chen case.

However, the OP's British Citizen child can move to another EEA country to exercise EEA treaty rights as a self sufficient person with health insurance and the OP can get residence in that EEA country (not UK) based on the Chen case.

If the OP is planning to use the Chen case to move to an EEA country, she should do it quickly as the UK will leave the EU in 2019 and this may mean that British Citizens will no longer treated as EEA nationals in the EEA.
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