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Right access to child Ltr how can I bring my spouse from abroad

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Bajwa07
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Posts: 3
Joined: Thu Feb 11, 2021 12:54 am
England

Right access to child Ltr how can I bring my spouse from abroad

Post by Bajwa07 » Thu Feb 11, 2021 1:00 am

Hello,

I'm currently holding a brp under rights access to child 5 year route , I'm going to marry abroad how
Can I bring my spouse here and how much income should I have and can I apply indefinite leave to remain after 1 year exercising rights to access to child?

Thanks

secret.simon
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Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: Right access to child Ltr how can I bring my spouse from abroad

Post by secret.simon » Thu Feb 11, 2021 1:41 am

Bajwa07 wrote:
Thu Feb 11, 2021 1:00 am
can I apply indefinite leave to remain after 1 year exercising rights to access to child?
Err, no.

At the earliest (depending on what it states in the letter stating the grant of leave), it will be after either five years after the initial grant of the visa or after 10 years of continuous long residence.

To the best of my knowledge, people in the UK on FLR(FP) can't sponsor their own family members until after they get ILR themselves.

If you give us a bit more of your personal immigration history (when you arrived in the UK, which visas you have held in the UK with dates (months/years of renewals/expiry, etc), we will be able to guide you better.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Right access to child Ltr how can I bring my spouse from abroad

Post by vinny » Thu Feb 11, 2021 2:15 am

Moreover, a person with leave as a parent cannot have partner under Appendix FM.

I think it may be possible for some FLR(FP) holders to sponsor a child.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bajwa07
Newly Registered
Posts: 3
Joined: Thu Feb 11, 2021 12:54 am
England

Re: Right access to child Ltr how can I bring my spouse from abroad

Post by Bajwa07 » Thu Feb 11, 2021 11:37 am

I came here on student visa, and then got married with British citizen in 2012 and then in 2013 I got Visa under private family life visa 10 year route, we had two child first in 2014 and passed away after birth and then we had another child in 2017 and then 2020 we had family issues and we decided to live separate and we both agreed in court and contracts that we both share the responsibilities of child and i was granted 5 years parent route visa last year but my ex partner she found someone and moved on and now i found someone abroad and I'm going to marry, I dont know how can i bring her over

TODMATT
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Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: Right access to child Ltr how can I bring my spouse from abroad

Post by TODMATT » Thu Feb 11, 2021 11:53 am

Bajwa07 wrote:
Thu Feb 11, 2021 11:37 am
I came here on student visa, and then got married with British citizen in 2012 and then in 2013 I got Visa under private family life visa 10 year route, we had two child first in 2014 and passed away after birth and then we had another child in 2017 and then 2020 we had family issues and we decided to live separate and we both agreed in court and contracts that we both share the responsibilities of child and i was granted 5 years parent route visa last year but my ex partner she found someone and moved on and now i found someone abroad and I'm going to marry, I dont know how can i bring her over
I don't see how you would qualify for ILR on this basis while you are currently on parent route as per GEN 1.1 of Appendix FM. maybe Vinny and Secret.simon can confirm, You should be apply to apply under long residence route after living in the UK for 10 years continuously SET LR.
My opinions should not be constituted as an immigration or legal advice.

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Right access to child Ltr how can I bring my spouse from abroad

Post by vinny » Thu Feb 11, 2021 12:36 pm

As secret.simon commented, I think you need to wait until you are granted ILR before you may sponsor a partner. The earliest time for your ILR may be under the 5-year parent route or 10 years Long residence route, whichever is sooner.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bajwa07
Newly Registered
Posts: 3
Joined: Thu Feb 11, 2021 12:54 am
England

Re: Right access to child Ltr how can I bring my spouse from abroad

Post by Bajwa07 » Thu Feb 11, 2021 12:52 pm

vinny wrote:
Thu Feb 11, 2021 12:36 pm
As secret.simon commented, I think you need to wait until you are granted ILR before you may sponsor a partner. The earliest time for your ILR may be under the 5-year parent route or 10 years Long residence route, whichever is sooner.


So that means I wont be able to bring my spouse another 3 years or if someone on 10 year parent route they won't be able to bring their partners until 10 years complete

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: Right access to child Ltr how can I bring my spouse from abroad

Post by TODMATT » Thu Feb 11, 2021 1:07 pm

Bajwa07 wrote:
Thu Feb 11, 2021 12:52 pm
vinny wrote:
Thu Feb 11, 2021 12:36 pm
As secret.simon commented, I think you need to wait until you are granted ILR before you may sponsor a partner. The earliest time for your ILR may be under the 5-year parent route or 10 years Long residence route, whichever is sooner.


So that means I wont be able to bring my spouse another 3 years or if someone on 10 year parent route they won't be able to bring their partners until 10 years complete
Please read what was said above especially refer to Vinny's last comment.

If you are on 5 years parent route, you will apply for ILR upon completion of 60 months on this route

OR

If you have lived in the UK continuously for 10 years lawfully , you will be able to apply under long residence SET LR.

You need to check which option above is quicker in you achieving ILR to bring your partner from abroad.
My opinions should not be constituted as an immigration or legal advice.

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