Please Help

[macky]

I(Filipino) am already in UK on a resident card my husband(British) I have acquired this visa in practising European rules under ECJ Singh. I have tried to get my son through my residency but I have found out that I have to wait till I get my permanent residency.
So can my husband act as his sponsor instead? All supporting documents are available and biological father has no objection to this, since I was the sole provider for the child. My son lives with my mother as his legal guardian. We have details of his biological father but never gave moral or financial support after our annulment.

[grahamw48]

I think your child's biological father may have something to say about this. He does have rights and will need to be consulted, no matter who is seeking to bring the child to the UK.

My stepchildrens' father had the good manners to pass way before he needed to be involved, and his name was never put on their BIRTH CERTIFICATES anyway.
They have to say 'father unknown'.

THAT is the crucial factor in your case.

I think you need to prepare yourselves for a struggle and a lot of form filling, sorry to say.

[beppe]

If the biological father is still alive, you should contact Department of Social Welfare and Development, http://www.dswd.gov.ph/index.php/contact-us.

Even though we applied for Canada for my stepdaughter, we were asked to provide related documentation issued by Department of Social Welfare and Development stating that biological father is has not more saying with the child , not sure if the same applies for UK.

[Terpe]

macky

Previous posts have provided valuable information.

How old is your son?
How long has it been since you visited him?

One of the other issues you will need to resolve is that of ‘sole responsibility’ for your son.

Please look here:-
http://www.ukba.homeoffice.gov.uk/partnersandfamilies/

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 is unique.

I personally have not seen any written information from The UKBA on specifically how
to prove sole responsibility status.

But you will need to think 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.

UKBA will normally expect that where the child is being looked after by relatives, they should be the relatives of the sponsor.In such a case the, sponsoring parent must
still show that she or he has retained the ultimate responsibility for the child’s upbringing and provides the majority of the emotional and financial support needed.

Based on this I think it would be difficult for your husband to be the sponsor.

I hope I have not made any incorrect assumptions about your own circumstances.

If any other members have any experience under similar conditions please help.

[grahamw48]

Also, the Philippine authorities have become much more particular about children travelling out of the country now, because of human trafficking issues. The DFA will be very much involved.

[macky]

macky

Previous posts have provided valuable information.

How old is your son?
How long has it been since you visited him?

One of the other issues you will need to resolve is that of ‘sole responsibility’ for your son.

Please look here:-
http://www.ukba.homeoffice.gov.uk/partnersandfamilies/

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 is unique.

I personally have not seen any written information from The UKBA on specifically how
to prove sole responsibility status.

But you will need to think 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.

UKBA will normally expect that where the child is being looked after by relatives, they should be the relatives of the sponsor.In such a case the, sponsoring parent must
still show that she or he has retained the ultimate responsibility for the child’s upbringing and provides the majority of the emotional and financial support needed.

Based on this I think it would be difficult for your husband to be the sponsor.

I hope I have not made any incorrect assumptions about your own circumstances.

If any other members have any experience under similar conditions please help.

My son will be turning 18 soon thats why I've been rushing all these papers.As for Sole Responsibility issues, my son lives with my mother as his legal guardian and I have been financially supporting him.His biological father has not been supporting my son in any way.This was 14 yrs ago since we had an annulment.
8 years ago I got married again with my British husband and he has been supporting my son.
We have proofs to support this..So I assume he could sponsor my son as he is now his stepfather.

[joebloggs]

i take it you and your husband are both in the uk now ?
how long is it since you've lived with your son ?

[grahamw48]

He can apply to sponsor your son, but the fact that the young man still has a biological father remains. He can't just be 'brushed under the carpet' no matter how neglectful he may have been in the past.

You really need to take that seriously, as the authorities will, I can assure you.

I suggest you take proper legal advice on this.

[macky]

i take it you and your husband are both in the uk now ?
how long is it since you've lived with your son ?

I have left Philippines since my son was 2 and been working abroad and home every six months. When I got married again we've also worked abroad and visiting my son every year. Now that we have lived here in UK for 2 years we haven't been back in Philippines since I was going through my visa from CZ to UK.

[macky]

He can apply to sponsor your son, but the fact that the young man still has a biological father remains. He can't just be 'brushed under the carpet' no matter how neglectful he may have been in the past.

You really need to take that seriously, as the authorities will, I can assure you.

I suggest you take proper legal advice on this.

All legal matters are in court for custody now.

[Terpe]

macky
I can see the need for making application quickly.

The outcome of any sole responsibility application will depend heavily on its own particular facts and circumstances, and the ability of the sponsoring parent to provide evidence.
This is quite a complex application and I would strongly suggest good quality and experienced legal representation.

I am certainly not suggesting you should not try. But have you considered if your son might stand a better chance by applying as an adult under his own application ??

Here are some ideas to consider when preparing your evidence for sole responsibility:-

The period for which the parent in the UK has been separated from the child

What the arrangements were for the care of the child before the parent migrated to the UK

Who has been entrusted with day to day care and control of the child since the sponsoring parent migrated

Who provides, and in what proportion, the financial support for the child’s care and upbringing

Who takes the important decisions concerning 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 UK and that also the parent’s relatives.

[macky]

Tnx Terpe....
If supporting documents get's delayed..Then I have to get him as a dependent? Is that right? grrrr I feel my head is goin to burst soon

[joebloggs]

I have left Philippines since my son was 2 and been working abroad and home every six months. When I got married again we've also worked abroad and visiting my son every year. Now that we have lived here in UK for 2 years we haven't been back in Philippines since I was going through my visa from CZ to UK.

i think there is a good chance that the embassy will say you dont have 'sole responsibility'

[sars_notd_virus]

Who has been entrusted with day to day care and control of the child since the sponsoring parent migrated


What part in the child’s care and upbringing is played by the parent not in the UK and that also the parent’s relatives.

True,it is difficult to prove 'sole responsibility' once being away with a child for a long period of time