Appendix FM - Child Application by legal guardian

Hi all,

It's been quite some time since I needed any advice and once I got my EU settlement, didn't think I'd need to deal with much immigration advice for another 10 years or so!

However events have forced me to begin the process of legal custody of my nephew and we will need to get as much information regarding immigration as possible.

So here is a brief rundown of the facts:

• my nephew will be 10 years old soon
• his father has never been present, nor is he listed on the birth certificate
• my sister has lost legal custody and my nephew is in foster care
• I am the only living relative that social services are considering
• I have been resident in the UK for 10+ years and have 10-year Settled Status as the partner of an Irish citizen
• I am very likely to succeed with my petition for custody due to the circumstances
• my nephew will likely need to live with us for at least a year and will need to attend school during that period
• I have been in close contact with social services and have a family lawyer in the US directing my case
• while I have resources, I don't have lots to spend on immigration lawyers, but will consider that as a last resort

Is there anyone who has had a similar circumstance? Any advice on bringing a child over from the States as a guardian/non-parent/custodian, would be greatly appreciated!

I've had a quick read over the Appendix FM route, but want to make sure it's appropriate, especially if anyone has used that visa application before.

A big question I have is whether we could have him apply for that visa while present in the UK or if he would need to apply while in the US?

We will obviously need all the assessments done and we are coordinating that, but they have suggested that he visit our home in Belfast for about a week to see what he thinks, although he's already super keen to come live here! We will just need to satisfy all the arrangements with social services in Alabama before we can bring him here on a longer term. It's doubtful that he will return to the US in a short period of time due to my sister's drug addictions.

In doing research on UK EU settlement guidance I have found this:

a child or dependent parent of a spouse or civil partner of the relevant EEA citizen, and the family relationship of the child or dependent parent to the spouse or civil partner existed before the specified date (unless after that date the child was born, adopted or became subject to one of the guardianship orders or equivalent in sub-paragraphs (a)(iii) to (a)(xi) of the definition of ‘child’ in Annex 1 to Appendix EU (Family Permit)) and all the family relationships continue to exist at the date of application

emphasis mine

That's from the EU settlement scheme and from what I read, though an amateur, it sounds as if the guardianship order comes into effect after the date of Brexit and is still in effect at the time of an EUSS application, then it's permitted because I'm the civil partner of an EU citizen. 

Thoughts?

Here's the link to the Guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1016128/EU_Settlement_Scheme_Family_permits.pdf

He will need to apply for the visa prior to moving here.

I would recommend using a small, reputable law firm (I suggest Medivisas who are based in London but cover anywhere in the UK), just as there is a lot of emotions and legalities at stake.  I believe there are extra steps such as notifying your local council about the adoption as well.  They can walk you through all of that.

What you are doing is incredible and I’m so pleased your nephew has you.  Please keep us posted on your journey!

Thanks for the reply!

A very important distinction to note: this is a guardianship arrangement and NOT a full adoption. My sister's parental rights will remain in place for the time being. But we are working with the local social services to set up home assessments etc. and I'm trying to keep those steps as separate from the immigration as possible unless we need to prove it to the Home Office.

I'm the only one my nephew has, but he has expressed his desire to come to Belfast and live so that's one of the most important steps as they'll listen to his voice just as much as anything else, if not more!

It can be emotional, but I'm extremely analytical and like to see this as just another challenge to go through!