planning to get a visa for my daughter....

[toging]

hi its been a year since i got here in the u.k.... and i think its time for us to consider or try to start planning how to get her here...and i dont have any clue on how or what i need to do....not even a single idea....i came here last oct.2011 on a fiancee visa,got married and got my flr feb.2012...my kids are with my mom but same place as their father...on my annulment decision i have the sole custody,raised them alone financially...i hope that someone will help me or give me some idea on what do i need...thanks very much!!!

[sars_notd_virus]

is the father named in the birth certificate ...does your daughter still see her father?? proving sole responsibilty is difficult especially if you left her for a long period of time.

[toging]

yes they are on the same village.

[sars_notd_virus]

yes they are on the same village.

who provides your daughters day to day needs??

[toging]

since they were born i am the only one who provides for them....basically the father is just a "sperm donor":doh...thats why i got my SOLE custody....but i let them see their father once in a while....

[sars_notd_virus]

since they were born i am the only one who provides for them....basically the father is just a "sperm donor":doh...thats why i got my SOLE custody....but i let them see their father once in a while....

this doesnt sounds right,....If you have the SOLE custody for your daughter , she shouldnt be seeing her father:NoNo:

[joebloggs]

it's 'sole responsibility' you also need to be concerned about, this is what you need to prove to the embassy you have, its not the same as 'sole custody'.

search on here for 'sole responsibility'

[andy222]

It could be tricky if the father contests it.

[toging]

thanks guys....this is just getting better and better:NoNo::NoNo::NoNo:......i need to check my annulment papers whats really written there as word per word.....as i say i never ever asked for anything from there father since they were born.what should i do or documents that i need to provide if they are seeing there father???

[joebloggs]

SOLE RESPONSIBILITY - PARAGRAPHS 297(i)(e), 298(i)(c) & 301(i)(b)
Where a child's parents are not married, or his parents' marriage subsists but they do not live together, or where the parents' marriage has been dissolved, a child may qualify under these Paragraphs to join or remain with one parent, provided that parent has had "sole responsibility" for the child's upbringing.
The phrase "sole responsibility" is intended to reflect a situation where parental responsibility of a child, to all intents and purposes, rests chiefly with one parent. Such a situation is in contrast to the ordinary family unit where responsibility for a child's upbringing is shared between the two parents (although not necessarily equally).
4.1. Establishing that a parent has had "sole responsibility"
A parent claiming to have had "sole responsibility" for a child must satisfactorily demonstrate that he has, usually for a substantial period of time, been the chief person exercising parental responsibility. For such an assertion to be accepted, it must be shown that he 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 he requires. It must also be shown that he has had and continues to have care and control of the child. For example:
A non British citizen child born to a British citizen and a foreign national living abroad. The couple then separate and the UK national wishes to return to the United Kingdom to live with the child. The UK parent has chief responsibility for the child, and the foreign parent does not object to the child living in the United Kingdom. In such a case the UK parent could be considered to have sole responsibility.
Two foreign nationals living abroad have a child, then separate. One parent comes to the United Kingdom and obtains settlement. The child remains with the parent abroad for several years, then at the age of 13+ wishes to join the parent in the United Kingdom to take advantage of the educational system. There is no reason why the child should not remain with the parent who lives abroad. In this case the parent who lives in the United Kingdom would not be considered to have sole responsibility.
IDI July 2011 CH8 SECT5A – CHILDREN - ANNEX M
7
4.2. Where the child and the parent claiming sole responsibility are separated
Where the child and parent are separated, the physical day to day care of the child must be entrusted to others, and it is expected that where the child is being looked after by relatives, they should be the relatives of the parent claiming "sole responsibility" rather than those of the other parent. Should this be the case, the parent claiming "sole responsibility" must still be able to show that he has retained the ultimate responsibility for the child's upbringing and provides the majority of the emotional and financial support needed.
If it is established that the child is being cared for by the relatives of the father but it is the mother who has applied for the child to join her in this country (or vice versa), the application should normally be refused.
4.3. Where it is not clear which parent has established "sole responsibility"
Cases may arise where even though one parent has taken no share of responsibility, or so small a share that it can effectively be disregarded, the other parent cannot claim to have had "sole responsibility". This may be where more than the day to day care and control of a child has been transferred to another person due, perhaps, to the sponsoring parent being in this country and not maintaining a close involvement in the child's upbringing etc.
There are a number of factors which should be taken into account when deciding whether, for the purpose of the Rules, a parent has established that he has had the "sole responsibility" for a child to the exclusion of the other parent or those who may have been looking after the child. These may include:
* the period for which the parent in the United Kingdom has been separated from the child;
* what the arrangements were for the care of the child before that parent migrated to this country;
* who has been entrusted with day to day care and control of the child since the sponsoring parent migrated here;
* who provides, and in what proportion, the financial support for the child's care and upbringing;
* who takes the important decisions about the child's upbringing, such as where and with whom the child lives, the choice of school, religious practice etc;
* the degree of contact that has been maintained between the child and the parent claiming "sole responsibility";
* what part in the child's care and upbringing is played by the parent not in the United Kingdom and his relatives.
4.4. Legal

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section5a/annex-m?view=Binary