Confused

[bhem_bhem]

Hello, I'm confused with the term 'settled' used by the ukba when they emailed me. When they said 'settle' is that mean for someone whose already in the uk or for people who holds indefinite leave to remain visa? Thank you.

Dear Madam
Thank you for your email.
Any child applying with a parent from 9 July onwards and any child applying in the future whose parent(s) were granted leave from 9 July onwards WILL need to meet the income threshold and should use Appendix 2. But children whose parents are already in the UK and who were settled there before 9 July will use Appendix 1.

[Terpe]

'Settled' means free from any restriction on the period for which a person may remain in the UK.

Basically, a person who has 'right of abode (British Citizenship) or Indefinite Leave to Remain, has settled status if resident in the United Kingdom.

[bhem_bhem]

'Settled' means free from any restriction on the period for which a person may remain in the UK.

Basically, a person who has 'right of abode (British Citizenship) or Indefinite Leave to Remain, has settled status if resident in the United Kingdom.

So surely i belong to old rules as i was in this country before the 9th, do you think so?

[Michael Parnham]

If you have your ILR or citizenship, you are settled! Thats how I read it Bhem bhem!

[bhem_bhem]

If you have your ILR or citizenship, you are settled! Thats how I read it Bhem bhem!

their rules are really confusing.. :doh

[Michael Parnham]

I understand what you mean bhem bhem, everything should be explained in basic simple english, then everyone can understand :xxgrinning--00xx3:

[bhem_bhem]

I understand what you mean bhem bhem, everything should be explained in basic simple english, then everyone can understand :xxgrinning--00xx3:

yeah,, it contradicts at times,, i've just looked at my email again.. i just noticed they sent me the appendix 1 pdf form. i wish they will just answer me directly.

[sars_notd_virus]

Dear Madam
Thank you for your email.
Any child applying with a parent from 9 July onwards and any child applying in the future whose parent(s) were granted leave from 9 July onwards WILL need to meet the income threshold and should use Appendix 2. But children whose parents are already in the UK and who were settled there before 9 July will use Appendix 1.

As usual , the reply from the ukba is not correct....is your child applying with you or joining you.you have to clarify it with them, because you arrive here before july 9 and your child will join you not apply with you, am i right??

I still believe that when you want your child to join you ,you have to comply with the new financial requirements ...now if you have ILR then you are covered by the old rules and your child can apply via the ILE route.

[bhem_bhem]

As usual , the reply from the ukba is not correct....is your child applying with you or joining you.you have to clarify it with them, because you arrive here before july 9 and your child will join you not apply with you, am i right??

I still believe that when you want your child to join you ,you have to comply with the new financial requirements ...now if you have ILR then you are covered by the old rules and your child can apply via the ILE route.

yeah, he will join me here.,

[joebloggs]

did you tell them your married to a British citizen?, thou he cant be classed as a 'parent' - not using UKBA definition of the word.

[bhem_bhem]

did you tell them your married to a British citizen?, thou he cant be classed as a 'parent' - not using UKBA definition of the word.

yeah,, told them i'm on a spousal visa.. they sent me the appendix 1 form but didn't tell me why.. i just assume that they want me to fill them in rather than the appendix 2.

[Terpe]

yeah,, told them i'm on a spousal visa.. they sent me the appendix 1 form but didn't tell me why.. i just assume that they want me to fill them in rather than the appendix 2.

Must admit I thought we covered all this before.


It needs a couple of readings but OK this is what I found so far:-

Here are the Immigration Directorate Instructions (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/children.pdf?view=Binary)

And here's a link to the Immigration Rules (paragraphs 297-300) (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children)

They do actually say the same.

To me, on a simple basis, it's a decision between Part 1 and Part 2 (don't want to get into the 'Compelling case' just yet)

The circumstances described (one parent settled and one parent limited leave) appear to more closely match Part 2 means Financial Requirement.

..................
...........I still believe FM applies and still suggest you discuss further with that case worker.


As only one of you is settled, you need to cover the application with the FM requirement of £18,600 + additional for 1 child.

[bhem_bhem]

went to see solicitor, she confirmed that i don't need to meet the financial requirements, which was a waste of money:doh as later on the vfs emailed to me explaining everything. that caseworker in liverpool was right all along,, bit guilty now that i did doubt her.:NoNo:

[shandylove]

Hi bhem, can i ask some questions because i have child also in philippines and planning to get here as well, do you have sole responsibilty as well? Where did you get that, ?im thinking maybe ill find hard because my son surename is his biological father.

[joebloggs]

went to see solicitor, she confirmed that i don't need to meet the financial requirements, which was a waste of money:doh as later on the vfs emailed to me explaining everything. that caseworker in liverpool was right all along,, bit guilty now that i did doubt her.:NoNo:

:doh you better keep that email, and i would send a copy of it with your app just to make sure they don't refuse you for the financial requirement part :Brick:

[bhem_bhem]

Hi bhem, can i ask some questions because i have child also in philippines and planning to get here as well, do you have sole responsibilty as well? Where did you get that, ?im thinking maybe ill find hard because my son surename is his biological father.

yeah,, i'm solely responsible of my son. my son is using my maiden name as i am never married to his father and we already broke up before i even gave birth (i'm 1 month pregnant when i left).. im just lucky that his father didn't show interest of him at all or else i would struggle to prove that i'm the only responsible of my child.

has the father of ur child been in contact with ur son?

[bhem_bhem]

:doh you better keep that email, and i would send a copy of it with your app just to make sure they don't refuse you for the financial requirement part :Brick:

yeah, i will.. i'll include the email of my solicitor as well to be sure.. :smile:

[joebloggs]

is the solicitors area of expertise immigration ?

[bhem_bhem]

yeah,, they're registered on oisc.. bit expensive though,, £100 for an hour,,

[shandylove]

Hi bhem, we dont have contact at all to his biological father and im married here in uk. I inquire about sole responsibilty to the solicitor, he said it cost me 75k peso.. So much expensive . Did you pay also about your son sole responsibilty paper?

[bhem_bhem]

Hi bhem, we dont have contact at all to his biological father and im married here in uk. I inquire about sole responsibilty to the solicitor, he said it cost me 75k peso.. So much expensive . Did you pay also about your son sole responsibilty paper?

75k is too much,, and u can't be sure if they really understand the rules,, i tried to hire an agency before to help me with my application but i dismissed them as i know more about the rules than they do.. loads of people in here can help u so don't bother hire someone as it will cost u more..

Did you pay also about your son sole responsibility paper?
sorry but i don't know what u mean with that, sole responsibility is not a paper, it's more of u proving to the ECO that u are the only one who supports ur son financially and emotionally..

[shandylove]

I mean bhem sole responsibilty from the court sign by judge? That is my understanding when i inquire the attorney. Thats why they want me to pay for that.. So what is your proof that ur son is your full responsibilty? Please enlightened me a bit confuse now :Brick:

[bhem_bhem]

I mean bhem sole responsibilty from the court sign by judge? That is my understanding when i inquire the attorney. Thats why they want me to pay for that.. So what is your proof that ur son is your full responsibilty? Please enlightened me a bit confuse now :Brick:

ahh,, i'm sorry but i can't help u with that. i'm sure people in here can help you.. my situation is straight forward so i don't really need to do those things. i'm not married to his father, i didn't put the name of his biological father on his birth certificate and he's never involve of my son's life (i don't even know where he is).

to prove that i'm solely responsible of my son, i asked my parents to write a letter for me, letter from his gp, letter from the church, letter from one of my friend and bank statements. :smile:

[joebloggs]

yeah,, they're registered on oisc.. bit expensive though,, £100 for an hour,,

:icon_lol: thats not bad for a solicitor, i went to see one and they want £350 an hour :cwm23:

[joebloggs]

I mean bhem sole responsibilty from the court sign by judge? That is my understanding when i inquire the attorney. Thats why they want me to pay for that.. So what is your proof that ur son is your full responsibilty? Please enlightened me a bit confuse now :Brick:

i think your getting mixed up with sole custody of the child which concerns Philippine law, while 'sole responsibility' concerns the British embassy - nothing to do with Philippine law, they are 2 separate things.

you could have sole custody under Philippine law but the British embassy might say you don't have sole responsibility. for example say you have sole custody of your child, and you go and live in another part of the phils or in another country but you leave your child with your parents or other family member, years later you decide to apply for a visa for the child, if your parent or who ever looked after the child made the major decisions that effected the child's life and not you, the British embassy might say you don't have sole responsibility, but who ever looked after the child does have. if the father is still in the child life that can be a problem with sole responsibility.

[bhem_bhem]

:icon_lol: thats not bad for a solicitor, i went to see one and they want £350 an hour :cwm23:

:yikes: proper rip off.. :NoNo: why don't we work as a solicitor eh.. :icon_lol:

[joebloggs]

:yikes: proper rip off.. :NoNo: why don't we work as a solicitor eh.. :icon_lol:

a senior partner in London i believe can cost over £700 an hour :cwm23:

[bhem_bhem]

a senior partner in London i believe can cost over £700 an hour :cwm23:

that's too much.. :NoNo:

[shandylove]

Hi sir joebloggs.. His biological father doesnt care him anymore, it just that im worrying about his birth certificate was on his father surename, so the solicitor suggest me to process in the court for my sole responsibility which is so much expensive and as you've said that is in the philipines law and not so sure if the british embassy convince of it. My parents is the one who taking care of my son and still my decision for him they are followed. Like school activities and etc.. My parents asking my permission first.

[joebloggs]

how old is your son ? when was the last time you lived with him ?
you need evidence that you have 'sole responsibility' and not your parents. it can be difficult to prove.

[shandylove]

His 5 years old, i leave him almost 7 months already , we send money monthly to my parents for my son needs and we're always chatting mostly everyday.. We are planning to apply his visa after i reciv my flr. Do i need still his biological father signature for my sole custody?

[sars_notd_virus]

went to see solicitor, she confirmed that i don't need to meet the financial requirements, which was a waste of money:doh as later on the vfs emailed to me explaining everything. that caseworker in liverpool was right all along,, bit guilty now that i did doubt her.:NoNo:


good luck with the application ....let us know how it goes.

[sars_notd_virus]

Do i need still his biological father signature

do you mean parental consent from the father to bring your child here in the UK???

[shandylove]

Yeah, is parental consent need a solicitor Also??So his biological farher sign of it? Thats what solicitor told me as well when he discussed to me but its quite expensive so maybe there is another option.

[bhem_bhem]

good luck with the application ....let us know how it goes.

thnx,, yeah i will.. :smile:

[sars_notd_virus]

Yeah, is parental consent need a solicitor for that? So his biological farher sign of it?

does your child still see his father ???

[shandylove]

No or never at all because he doesnt care anymore. If ever he needs his signature maybe i will try to contact him for the sake of my son's future.

[joebloggs]

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/set/set7/#header8

i don't know if its enough, because I'm not a ECO, but letters from your sons school or teacher, from doctor or priest, etc. from your parents who look after your son stating you make a the major decisions that effect the child's life.

this will give you an idea.
http://www.davidsonmorris.com/dmblog/2011/03/30/sole-responsibility-appeal-success-for-child-joining-parent-in-the-uk/

http://www.icslegal.com/BLOG/?p=136

[sars_notd_virus]

No or never at all because he doesnt care anymore. If ever he needs his signature maybe i will try to contact him for the sake of my son's future.

thats good your child has no contact with the father , you do not need parental consent from the father and spend thousand of pesos to pay for the solicitor and know the whereabouts of the father, you have the sole custody being a mom of a five year old child ,..you only need to prove sole responsibility.... please check joebloggs post number 38.

[shandylove]

thank you joebloggs for your reply, it helps a lot to me :xxgrinning--00xx3::smile:

[shandylove]

thank you sars , :xxgrinning--00xx3: