T1G/ILR and Dependants/Family Member Complicated Query

[Gudwin]

Dear members, I have a rather unusual (or at least I think so) query.

UK parameters:
1. I am on T1G which is valid until 2018.
2. I am eligible for ILR in October 2015.

Abroad parameters:
1. I have a wife who lives abroad, but we decided that I should finally bring her over.
2. My wife has a young (4 years old) daughter from previous marriage.

Which, in your mind, is the best way (fastest, easiest and most cost effective) of achieving objective of bringing everyone over (considering that any possible maintenance funds, salary level, my sponsorship letter, etc. are not a problem):
a. Stay on T1G for now and bring my wife as Dependant?
b. Apply for ILR and bring her as a settled person's family member?
(c. Extracurricular option - wait longer, apply for citizenship, bring them over then. Too long.)

I am a bit confused which option is the best if they both work? What would you choose?

Secondly:
1. How do we bring over her daughter? I am really confused here.
2. Which of two options above is the best for bringing over her child, as far as I understand the child can't be my dependant technically, unless the stepchild is adopted, which won't happen because child's father is alive and well.

[vinny]

Hi Vinny,

I couldn't find 345CB using your link, it's only 245xx sections.

Sorry. I mistyped. It should have been 245CB.

Don't forget that ILR is subject to the ciminality threshold.

Does your wife have sole responsibility (319H(f)) over her child?

[Gudwin]

How on earth did these two posts merge?
They are completely unrelated, because the conviction is not pending anymore, the case was dropped.
Could we un-merge them?

[Gudwin]

Thanks.
No, she does not have sole responsibility and unlikely to get it.

[Gudwin]

Unless I don't understand what is Sole Responsibility. Kid lives with her and she is responsible for the child. But there was no court decision about child's custody, father is still involved from time to time.

[Wanderer]

Thanks.
No, she does not have sole responsibility and unlikely to get it.

Does the father consent to the child emigration?

[Wanderer]

Unless I don't understand what is Sole Responsibility. Kid lives with her and she is responsible for the child. But there was no court decision about child's custody, father is still involved from time to time.

AIUI, for the child to emigrate, in lieu of sole responsibility you'd need permission from the father consenting to the child moving to the UK and a court order confirming such arrangement.

[Gudwin]

The consent will be recieved. Court order I'm not sure of, though.

What forms should we use when we have sole responsibility and father's consent?

I guess it always depends on the answers to the first part of my question. Any thoughts on that?

[vinny]

If father's consent is required, then mother does not have sole responsibility.

[Gudwin]

If father's consent is required, then mother does not have sole responsibility.

Ok, I get that.
So I think I should try to get ILR and then start from there, in the meantime get my wife to acquire consent from father. Something tells me we will have to invest in some professional legal help in this case.

[vinny]

Submitting a letter of consent from the child's father may be detrimental in establishing that the child's mother has sole responsibility.