Leave to remain as parent of British children

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Old Oct 4th 2016, 10:02 am
  #1  
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Default Leave to remain as parent of British children

Hello,
My husband is a British citizen and we were married in 2012 in England. We have two children who have their British citizenship as well with passports.

I'm not a citizen myself but was in England for two year getting my masters.

My question is, how can I move to England with children and remain with them with right to work?. My husband is a humanitarian aid doctor and is not able to live in England long enough for spouse visa.

Any ideas? I've looked through the gov.uk website and the information there is not very clear to me.

Thanks for your help.
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Old Oct 4th 2016, 11:17 am
  #2  
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Default Re: Leave to remain as parent of British children

Originally Posted by Czi11
Hello,
My husband is a British citizen and we were married in 2012 in England. We have two children who have their British citizenship as well with passports.

I'm not a citizen myself but was in England for two year getting my masters.

My question is, how can I move to England with children and remain with them with right to work?. My husband is a humanitarian aid doctor and is not able to live in England long enough for spouse visa.

Any ideas? I've looked through the gov.uk website and the information there is not very clear to me.

Thanks for your help.
I take it that you're not an EU citizen?
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Old Oct 4th 2016, 11:25 am
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Default Re: Leave to remain as parent of British children

Originally Posted by Czi11
Hello,
My husband is a British citizen and we were married in 2012 in England. We have two children who have their British citizenship as well with passports.

I'm not a citizen myself but was in England for two year getting my masters.

My question is, how can I move to England with children and remain with them with right to work?. My husband is a humanitarian aid doctor and is not able to live in England long enough for spouse visa.

Any ideas? I've looked through the gov.uk website and the information there is not very clear to me.

Thanks for your help.
Is the organization he works for UK-based?

Does he get paid in the UK?
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Old Oct 4th 2016, 2:56 pm
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Default Re: Leave to remain as parent of British children

Where is your husband regarded as 'resident'. In the UK or elsewhere?

How many months of the year is he in the UK?

Is he employed by UK company and paid in the UK?

Where do you and the children usually live?

I ask these questions as it sounds as though YOU want to live in the UK but without your husband.
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Old Oct 4th 2016, 6:22 pm
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Default Re: Leave to remain as parent of British children

Who does your husband work for?
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Old Oct 5th 2016, 6:56 am
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Default Re: Leave to remain as parent of British children

Originally Posted by Novocastrian
I take it that you're not an EU citizen?
No I am not
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Old Oct 5th 2016, 11:59 am
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Default Re: Leave to remain as parent of British children

Originally Posted by Czi11
No I am not
Then I suggest that you answer the questions in posts 3,4 and 5.
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Old Oct 5th 2016, 4:37 pm
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Default Re: Leave to remain as parent of British children

Originally Posted by SanDiegogirl
Where is your husband regarded as 'resident'. In the UK or elsewhere?

How many months of the year is he in the UK?

Is he employed by UK company and paid in the UK?

Where do you and the children usually live?

I ask these questions as it sounds as though YOU want to live in the UK but without your husband.
Sorry about the late reply...

No, I do not want to live there without him. I just feel that the parent route would be faster for me. He lives in the UK about 3 weeks in a year when we all go on our summer vacation.

He is not employed by a UK based/ related organization so he is not paid in the UK.

In order for us all to go and live in the UK, he and the kids can go on (being citizens) and then he will invite me as a dependent (correct?) That we cannot afford, both time and money.
The kids and I live in Nigeria with my husband, my husband works both in Nigeria and other African countries and is always on the move.

I hope you see where I'm coming from.
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Old Oct 5th 2016, 5:51 pm
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Default Re: Leave to remain as parent of British children

From what you say you have no basis to live in the UK unless your husband sponsors you for a settlement visa, based on him living and working in the UK.
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Old Oct 6th 2016, 4:10 pm
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Default Re: Leave to remain as parent of British children

While it is not likely that the OP can get an UK settlement visa based on what she told us so far, there could be a possibility that she maybe able to settle in another EEA country based on the fact that her children are British Citizens.

The Chen case may help the OP to obtain a visa / permit to live in another EEA country (not the UK). The link below would give you more details.

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

She therefore should get professional advice to see whether the Chen case would be applicable to her.

The OP needs to note that as British Citizens, her children cannot exercise EEA rights in the UK. The other point for the OP to consider is that the UK will leave the EU and maybe the EEA by 2019.
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Old Oct 6th 2016, 4:59 pm
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Default Re: Leave to remain as parent of British children

Difficult to give a comprehensive answer if the OP is unwilling to answer the questions being put to her.
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Old Oct 8th 2016, 8:29 am
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Default Re: Leave to remain as parent of British children

Originally Posted by HKG3
While it is not likely that the OP can get an UK settlement visa based on what she told us so far, there could be a possibility that she maybe able to settle in another EEA country based on the fact that her children are British Citizens.

The Chen case may help the OP to obtain a visa / permit to live in another EEA country (not the UK). The link below would give you more details.

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

She therefore should get professional advice to see whether the Chen case would be applicable to her.

The OP needs to note that as British Citizens, her children cannot exercise EEA rights in the UK. The other point for the OP to consider is that the UK will leave the EU and maybe the EEA by 2019.
Thanks for the update, I'll look into this.
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