Child joining mother. visiting vs "Joining your parent"

[simonc591]

Hi,

My sister-in-law (SiL) is going to be applying for a British Passport based on her Citizenship by Descent (from her Mother). She has never lived in the UK.

She has a 10yo daughter who is (currently a Bahamian citizen) who lives with her in the USA. The daughters Father is also Bahamian, and is not involved in the raising or upbringing of the child.

When SiL comes to the UK, she will have to bring her daughter with her. At that point, does the daughter need a Visa to "Join a parent or partner settled in the UK" or can she visit as a regular visitor for up to 6 months.
My thoughts are that at the point of entry, it is unknown if SiL is "settled" in the UK. She just has plans to be settled, so her daughter traveling to visit family members would be legitimate, and that as long as the application for a visa is made before the 6 months are up, it would be fine.

Is anyone able to confirm that the above sounds about right ?

And a further question. Would it be an option to just skip applying for any visa for the daughter until she had lived here for 3 years, and then go straight for Naturalisation ? Or is that a high-risk strategy to just save the visa fees (£1200 !!)

[vinny]

If she has sole responsibility, adequate maintenance and accommodation, etc., then they should grant child a settlement visa, with ILE endorsement.

Child could enter as a visitor, but may require acceptable change of circumstances when switching to SET(F), under A280(b), 299.

[Obie]

I take the point of your section 3(5) registration. But this will essentially means the child living in the UK illegally during that period, and i do not believe that is a sensible approach.

[vinny]

Agree with Obie that being an overstayer in a hostile environment is not in the child's best interests. Problems with schools, healthcare, rented accommodation, etc.

[Obie]

In some parts of England, the Tories led government are asking schools to ask parents to provide evidence of their children's nationality and citizenship.

They are clearly not going through that administrative burden for nothing.

[vinny]

I take the point of your section 3(5) registration.

Moreover, applicants aged 10 or over are subject to the Good Character requirements, although it may be too rigid an approach.

[Obie]

Well that will be an interesting point. I am not sure in the light of what the Supreme Court has said in Zombas and ZH Tanzania, that decision of parents to not apply for a child will make them foul of the Good Character requirement. Remains to be seen, but such a case has not come before the court yet. I believe there has been a court ruling in regards to character for registration, i just cant locate at present.

If they will refuse due to overstaying, then a section 1(4) application will be bound to fail in most cases, as even though that person is a Naturally born, they are not nationals either, and as a matter of the 1971 Act, they require leave to enter or remain in the UK. I know policy dictates otherwise, but according to the strict reading of the 1971 act, they do require leave to remain in the UK.