Fiance and her daughter.

[quickwillow]

I’m soon to start the process for a fiancée visa she also has a son just turned 5 yrs old and have found this thread quite helpful, I have been worried about which path to take and what would be best and quickest for a successful application.
In my mind it would be far better for my fiancée to adjust to living in the UK with her son by her side, and not have to go through the emotional trauma of leaving him behind. It also goes without saying what this would do to her son, as they have never been apart before.
This has been a bit of a moral dilemma for me as I feel I already know what would be best for the kid, but have been worried about trying to satisfy what the ECO want.
Maybe I should mention I work in social services but with adults with learning difficulties, and have seen the emotional damage that family separation does to both parties. As the government’s policies in care tend to be to keep the family unit together, I would hope the ECO would be sensitive this also.

[joebloggs]

if you have accommodation for them both without overcrowding and you have finances to support them without the need for 'recourse to public funds' then your only problem left is that of 'sole responsibility'

is the father named on the birth cert?, does the child still see his father?, is the child's mother still in talking terms with the father?..

it's better if you bring them both together, as you have already said, they have never been apart.

[trader dave]

very interesting for me also as my fiancee has a 3yr old son [father done a runner as soon as the seed was planted so father unknown on his birth cert]when we applied before for a tourist visa her refusal stated that a child IS NO PROVE THAT YOU INTENT to return to the philippines so we are getting married first in the philippines get her to the uk first then we will cross the next step and bearing in mind i will be retiring to the phils in the next 2-7 years take things as they come.

[quickwillow]

hi dave

I think I can see why you were refused if you were trying for a tourist visa, maybe now your getting married it would be different ?

[joebloggs]

hi dave

I think I can see why you were refused if you were trying for a tourist visa, maybe now your getting married it would be different ?

most tourist visa's are refused, and in many cases it's seems to be at random, people have had a job, money and property in the phils but are still refused, while some people have had nothing and been granted

so it's a bit of pot luck if you get one, thou if you apply for a family member and its refused you will have the right to appeal, and then you have a fairly good chance it will be granted at IAT hearing.

if there has been not contact with the father recently and the mother looks after the child then you shouldn't have a problem really with 'sole responsibility' and if the father is not named on the child's birth cert then your chances increase even further of getting a visa.

last thing the embassy want is to be pig in the middle btw 2 parents of a child, one who wants to take the child to the UK and the other doesn't ( for what ever reasons - sometimes jealously,wants some pay off -php )

just prepare your visa apps with what your asked and make your evidence as good as possible and you shouldn't have a problem

[quickwillow]

I’ve spoken to Janice and the father is on the birth certificate, I’ve also asked her to contact the Attn. dealing with the annulment to see where she stands legally with sole responsibility.
As his lack of support and not being in the country was part for the evidence against him.
Although he has not seen both of them for over 4 yrs, Janice has had word from a friend that the father is due back in the Philippines soon, this has made me worry about everything as we are still waiting the paperwork for the annulment, and don’t know where we stand legally, does he still have rights as the father?
Do you know what kind of evidence the ECO need for poof of sole responsibility, a letter from the courts would nice but what are our other options? I really don’t feel that they should be separated even for a short time and want to make sure that i have enough evidence for the ECO.

[joebloggs]

if there has been no contact from the father for years, and the child's mother is and has been responsible for his upbringing, then there should be no problems with the sole responsibility, especially if the father is not in the phils..

only time you might get problems with sole responsibility is when the father still has a lot of contact with the child and supports the child, or if the mother works far away from the child and a relative looks after the child.

thou jealous ex's could cause problems just for the sake of it or wanting a pay off, so might be worth not telling him of your plans, just in case he causes problems, and if the father is not in the phils that's even better

you shouldn't have any problems if she has been with the child all his life

http://www.ukvisas.gov.uk/en/ecg/chapter14/ find everythnig you need to know here

[IainBusby]

I’ve spoken to Janice and the father is on the birth certificate, I’ve also asked her to contact the Attn. dealing with the annulment to see where she stands legally with sole responsibility.
As his lack of support and not being in the country was part for the evidence against him.
Although he has not seen both of them for over 4 yrs, Janice has had word from a friend that the father is due back in the Philippines soon, this has made me worry about everything as we are still waiting the paperwork for the annulment, and don’t know where we stand legally, does he still have rights as the father?
Do you know what kind of evidence the ECO need for poof of sole responsibility, a letter from the courts would nice but what are our other options? I really don’t feel that they should be separated even for a short time and want to make sure that i have enough evidence for the ECO.

I wouldn't talk to an attorney about this, I'm sure he'll just come up with something expensive that need to be done. In my wife and step-daughters case the father was not on the birth certificate, but as far as I know if the child has no contact with the father the the mother obviously has sole responsibility. If I remember correctly you posted on your other thread that the ex wasn't even in Phils these days, so I'm sure she could claim that his whereabouts are uknown and that she is and always has been soley responsible for the child.
Iain.

[quickwillow]

I have the accomodation and finances, but I'm not sure about the birth certificate but I will would imagine he's on there, but will check, and no he has only seen the father 1 time when he was about a yr old, I'm kind of hoping this would have been addressed in the annulment process, as the father has never given them support and this was part of the grounds for annulment. I need to ask a few more questions