1: The situation

Amanita was in the UK as a visitor. She had come to see her nephew after her sister had passed away.

Her nephew was living with foster parents as he had no relatives in the UK to look after him. Amanita wanted to have access to care for her nephew as his closest surviving family member. She was applying to the courts to allow her right of care but was denied because she was only in the UK on a visitor visa and would have to leave after six months.

2: How IAS helped

Amanita came into the office to meet with one of our lawyers and was immediately seen into her lawyer’s office for a confidential discussion.

Her lawyer informed Amanita that she could apply for derivative rights, which is usually applied for if the applicant can prove they are the child’s primary carer and that the child would have to leave the country if derivative rights were not granted.

As the child was in foster care, this was not the case but Amanita was granted 2 days’ visitation a week.

By compiling school and psychological reports, our lawyers could prove that Amanita’s visits had a positive effect on the child’s development and behaviour. This showed that if she was granted status, there was a high possibility that Amanita would be granted full care of her nephew in the future.

3: The outcome

The derivative rights card is usually issued for five years. In Amanita’s case, it was granted for a provisional two years. This meant that Amanita was able to enter the country and arrange care for her nephew.

Amanita fully intends to reapply in two years once she has been granted custody of her nephew.

With the help of IAS, Amanita was able to provide the support her nephew needed from his family following his mother’s death.

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