Child Visa Application - Timing

[LastViking]

Hi all,

As you may recognise from previous posts, my wife Marist and I are now settled in the UK. We are now looking to bring my stepson over from the Philippines. I have a few points I wish to clarify before going ahead with the application and I was hoping for your help again.

We are thinking of bringing Martin over in April 2012 when he has graduated from elementary school.

My question is,


is it possible to make the visa application now for travel in April next year? I want to avoid any further fee increases if possible.

My second question is


that my stepson is an actor in the Philippines and has income of his own, even though he is only 12. Is this likely to be a problem? He is not financially independent and we still support him from here.

My wife has sole responsibility for Martin and his father is not mentioned on his birth certificate. I assume that this means that on the form VAF4A the reference to the sponsor and the financial information must all be related to my wife's situation.

Is that correct?

Can we not be joint sponsors so that my income is also taken into account? If not, should I mention my situation in the supporting letter?

Finally, I am sure you are glad to hear,



as he is only 12 years old, if he is called to an interview, is someone allowed to go with him, like his Uncle? I would not like to think of him having to attend on his own.


Thanks in advance for any responses. If you think of any other things I need to consider, I would be grateful to hear them. I have been through the Border Agency site, but......???

LV

[Terpe]

Hi there LastViking,

Unfortunately UKBA will not issue any visa more than 3 months in advance.

It's also a little difficult at this to predict the changes that will be made to immigration rules for April 2012 as the consultation period has not finished.
We do know significant changes (Including settlement routes) are being being considered.

One of the major challenges you will need to resolve is that of ‘sole responsibility’.

How long has it been since your wife visited him?
When is the next visit planned?

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 becomes unique because sole responsibility is not the same as sole custody.

The major concern I see is that there is no written information from UKBA that details specifically how to prove sole responsibility status.
Many members here on the forum have been down the same road and with great outcomes. Hopefully they may be able to give some detailed guidance from their own cases.

You will need to think carefully 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's been many cases where 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.

Sorry not to be able to give definitive answers, but I hope this reply provides some food for thought.

[Terpe]

Last Viking,
sorry forgot to include UKBA links.

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/

[joebloggs]

My wife has sole responsibility for Martin and his father is not mentioned on his birth certificate. I assume that this means that on the form VAF4A the reference to the sponsor and the financial information must all be related to my wife's situation.

LV

the embassy might say ,who ever is looking after him now might have sole responsibility for him'

who is looking after him, how long have they been looking after him ?

[LastViking]

Thank you Terpe for your reply, most helpful.


the embassy might say ,who ever is looking after him now might have sole responsibility for him'

who is looking after him, how long have they been looking after him ?

Thanks Joebloggs, at the moment Martin is living with his Grandmother, Maristela's mother. However all decisions regarding his upbringing and welfare are made by Maristela and she is in constant contact through SMS and internet with both Martin and her mother, mainly in connection with his acting career, but also for anything else.

Maristela has only been apart from Martin since September 2010, mainly so that we had time to settle into our new married life together and for her to find out more about living in England. We also did not want to interrupt Martin's schooling in the Philippines. Do you think that there might be a problem with this?

LV

[Terpe]

Thank you Terpe for your reply, most helpful.



Thanks Joebloggs, at the moment Martin is living with his Grandmother, Maristela's mother. However all decisions regarding his upbringing and welfare are made by Maristela and she is in constant contact through SMS and internet with both Martin and her mother, mainly in connection with his acting career, but also for anything else.

Maristela has only been apart from Martin since September 2010, mainly so that we had time to settle into our new married life together and for her to find out more about living in England. We also did not want to interrupt Martin's schooling in the Philippines. Do you think that there might be a problem with this?

LV

You should keep and collate as much evidence as possible that demonstrates sole responsibility by your wife.