Children of two marriages

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
12 April 2019

We assisted a South African national in an Entrance Clearance Application to come to the UK as a parent. He had three children, one from his current marriage, one from his second marriage and one from his first marriage. His minor daughter, who is a British citizen, lost her mother who died whilst they lived in Australia. Our client, who lived in South Africa and in Bahrain, chose for his daughter to relocate to the UK, and for him to join her as a father of a British child.

The challenges in this case were that his third wife and his son could not join him, as he could not sponsor them under the rules. We therefore made the fathers application under the parents’ route and his wife’s and child outside the rules, on the basis of the Human Rights Act. We argued that it is in the best interest of his daughter to be reunited with her father, and it is in the best interest of his non-British son to live together with his father and mother. The only country where all the children could live together is the UK, and it was the right of the British child to live in her country, with her father.