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  1. #1
    Moderator joebloggs's Avatar
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    Quote Originally Posted by Ady View Post
    but seriously those requirements are expected.
    years ago, when i spoke to a immigration solicitor, when i was after advice about my stepson, he told me, whatever happens visa wise to his mom, has to happen to my stepson, in this case it's not thou, these additional conditions on a under 18yr old dependant are disgusting.

    there are serious and compelling family or other considerations which make the child's exclusion undesirable; -

    like peterb said, "In assessing whether there are serious and compelling considerations it would normally be undesirable to exclude a child who had largely been cared for by the "fiancé(e) / proposed civil partner parent"- mentioning her daughter is only cared for by her mother and no one else, never been left with anyone else, doesn't and has not had contact with her father for many years? ,leaving her behind for 9 months could put her well being at risk so it is not an option.


    there is no other person outside the UK who could be reasonably expected to care for the child;

    as it doesn't define who this 'person' is or can be .. for some other types of visa's they define a close relative as...

    Defining close relatives
    Close relations may be sons, daughters, brothers, sisters, grandchildren, uncles, aunts and possibly nephews, nieces or in-laws. However, it should be stated that this will vary with the local culture. For example, in the sub-continent married women may be unable to provide support. Alternatively, if there are a number of close relatives there is no reason why there cannot be a collective ability to support the applicant.

    The application of a couple who have no other close relatives should not be refused solely on the grounds that they have each other to turn to.

    Enquiries and evidence
    A Tribunal has taken the view that a decision to refuse an entry clearance on the basis that the applicant has close relatives to turn to in his or her own country is sustainable only if proper enquiries into the circumstances have been carried out and sound evidence has been obtained. It is therefore vital that any decision to refuse on that basis can be backed up with evidence which is as comprehensive as possible.

    In cases where an applicant claims without supporting evidence that no relative is willing or able to provide support or where there is a conflict of evidence, the ECO will need to consider whether there are any ways of seeking evidence elsewhere. In certain cases it may be necessary to defer the application for an interview of the sponsor in the UK to corroborate the claims made by the applicant.

    i stress this is for dependant visa for someone over 18. but it gives you an idea of what they are looking for, for other types of visas. but getting a signed letter from say your g/f's mom or other relatives stating they have no emotional bond with her daughter, they are too far way from where she lives, they cannot afford to support her, etc.. may help... i'm sure they don't or can not consider that you can leave your 10yr old girl with a uncle or other relative who is doesn't really know.

    may be i'm over reacting to these extra requirements, and her visa app would be straight forward like her moms, and like we expect it to be. but all the visa's i've applied for i got first time, and i try to provide all the evidence i can and minimize them from refusing the visa. more i look at it, the more stupid these extra requirements are on a under 18yr.

    i hope the immigration advisory service can give you the right advise , but i would still apply for the visa, i really cannot believe they would refuse a 10yr old a visa to be with her mom

    good luck


  2. #2
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    Thanks KeithAngel and thanks again Joe.

    Joe, those rules for over 18's are crazy. My flabber is gasted that these requirements are needed for young adults. This is very useful information again, of course we will apply for her daughter. I will think of a way to phrase things in the cover letter (the cover letter is the only real opportunity for me to make my case) and show that the daughter's care is at the forefront of our minds. It is a good idea to maybe get some sort of letter from my gf's parents. However, what sort of person would have issues about a young daughter flying to the UK with her mother? Well, we probably all know the answer to that one .

    We had a visit visa refused 2 years ago, and I think that we have learnt a lot from our initial naivety. That is why I am picking through all the details of all the application. I will probably be the same as you in including a lot more information than is actually required for this application. Better to be safe than sorry as they say.


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