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gift
15th March 2011, 06:39
hello all.im new here but i believe i could get a lot of help from here.
i have a permanent residence permit and my husband is a british national.my first child is not a biological daughter of my husband.we are putting the documents now to apply for her visa to join us in the UK but what do we need to prove that i have the sole responsibilty since her biological father has signed the paternity affidavit on her birth certificate?will we have a problem on her visa application?
another query,our 3rd son is born in the philippines.will it be straight forward if we apply for a visa for him?he is 10 months old.
thank you for the advices...

rusty
15th March 2011, 08:55
not sure about the answer regarding your daughter, try to get plenty of letters/paperwork to prove you have sole responsibility.

You do not need a Visa for your son, if your British husband is on the birth certificate, then you can apply for a British passport for him from the embassy. :xxgrinning--00xx3:

Terpe
15th March 2011, 09:51
gift

How old is your daughter?
How long has it been since you visited her?

You are quite right that one of the issues you will need to resolve is that of ‘sole responsibility’.

I'm afraid I have quite a lot of reading for you so that you can better understand what needs to be done.

Please look here:-
Especially SET7.8 "What is sole responsibility"
http://www.ukvisas.gov.uk/en/ecg/settlement/children

Also look here:-
Annex M - Children - Guidance - General
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section5a/annex-m

And here:-
Immigration Rules - Children
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children/

The 'sole responsibility' rule can cause many applications to be very complex, as the meaning of the term cannot be precise. Every family’s situation is unique.

I personally, have not seen any written information from The UKBA on specifically how to prove sole responsibility status.

But you will need to think about how to satisfy the UKBA that the sponsoring parent has, usually for a substantial period of time, been the main person exercising
parental responsibility for the child. This means that the sponsoring parent has had and still has the ultimate responsibility for the major decisions relating to the child’s upbringing and provides the child with the majority of the financial and emotional support it requires. The sponsoring parent must show that he or she has had, and continues to have, care and control of the child.

There have been many cases where the parents are separated and the sponsoring parent has left their child in the care of other relatives and gone to the UK without the child.

UKBA will normally expect that where the child is being looked after by relatives, they should be the relatives of the sponsor.In such a case the, sponsoring parent must
still show that she or he has retained the ultimate responsibility for the child’s upbringing and provides the majority of the emotional and financial support needed.

I hope I have not made any incorrect assumptions about your own circumstances.

We do have a number of members who have actually been in your position hopefully they will be able to share their experience with you.

Once you've read all the info it might be worth talking to a professional adviser if you have any doubts whatsoever about whether you will be able to meet all requirements.

joebloggs
15th March 2011, 11:58
yes you do need to show you have 'sole responsibilty' becuase the embassy could say who ever is looking after your daughter now has 'sole responsibilty' and not you..

grahamw48
15th March 2011, 16:28
...and how does the biological father feel about not seeing his daughter again ? :)

gift
17th March 2011, 04:43
thank you rusty for the advice.
regarding my son,my husband called the philippine consulate in london regarding my son.they advice him to get him a filipino passport then get him a UK visa and looking at the time and money,we decided to go for the advice above as it is lesser in terms of money and time as my husband needs to come here and apply for the passport personally at the embassy and calculating the visa fees and his travel to come here again to do it is much the same but i think if i can remember it correctly,we need to wait for i think 6 months before the passport will be issued.i m sure but if there's any other advice on this matter,i would really appreciate it.

gift
17th March 2011, 04:55
terpe, thanks a lot for taking your time to give me all this informations.its much appreciated.
my daughter just turned 15 last month.i am with her now with my two sons.we were here since february last year.
i wasnt married to her biological father and he hasnt helped me at all with her since she was born.he left me when i was still 6 months pregnant with her and he is not married.the reason he signed the birth certificate was my mum and his mum were very close friends and they thought that it will be beneficial for the child to be recognized by him legally.but i spoke to him and he is willing to give an affidavit that he has nothing to do with her and it is true.everyone in the neighborhood could testify to it and the schools as well as it has been me and then my husband paying for everything.

gift
17th March 2011, 04:56
sorry terpe, i mean, he is now married

gift
17th March 2011, 04:58
she was looked after my parents but i was the one paying for everything.i hope it wont cause any complications

gift
17th March 2011, 05:00
he doesnt really see her unless my daughter would ask him to see her but very seldom, maybe once a year and and very quick, maybe just 5 minutes.

joebloggs
17th March 2011, 09:08
when was the last time you lived with, not visited your daughter ?

if you dont get a british passport for your son, you will have to pay for a settlement visa for him to :NoNo:, you say you have PR , is your husband irish/british ?

sars_notd_virus
17th March 2011, 11:17
what do i need to show i have sole responsibilty of my daughter?

Its hard to prove sole responsibility for your daughter especially if you left her for a long period of time.
but good thing is she is of age to choose where she wants to go and live and your ex is willing to provide affidavit for her visa to come and settle with you in the UK.

you need to produce loads of documents like your flight tickets,your chat logs,phone bills, letter from school and certificates,health insurance,letter from GP's ,letter from parish etc..in short, you need to prove you are the only parent responsible for her day to day activities.

Good luck!!

gift
23rd March 2011, 08:39
hi joe,
i left for the uk in nov 2007 and i came back feb last year and i am still in the philippines with my daughter including my two sons now.
my husband is british.what can you advice about my son's case? it will be much appreciated.

gift
23rd March 2011, 08:49
thanks sars,
i've started collecting these documents already and i just pray that it will satisfy the ukba about my sole responsibilty of my daughter. the advices shared here are indeed very helpful as we didnt really have any idea about what prrofs to get. thanks so much good people!

joebloggs
23rd March 2011, 09:27
hi joe,
i left for the uk in nov 2007 and i came back feb last year and i am still in the philippines with my daughter including my two sons now.
my husband is british.what can you advice about my son's case? it will be much appreciated.

you've been in the phils since feb 2010 ? if so you shouldn't have a problem with sole responsibility if they have been living with you :rolleyes:

gift
24th March 2011, 08:48
thanks joe,now im a bit relieved.