if your daughter is called to the embassy for an interview, they will ask her about her father, and from what you have said, maybe they could refuse it on grounds that you dont have 'sole responsibilty'.
link to refusal forumla for a child
read thru it and see the reasons why they can refuse it..
http://www.ind.homeoffice.gov.uk/doc...df?view=Binary
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).
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 responsibilty.
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.
opps sorry scouser keith, that cut and paste was a lot longer than i thought .. SORRY ..
read it all here ..
http://www.ind.homeoffice.gov.uk/doc...df?view=Binary
if you think you will have a problem, seek legal advice..
Originally Posted by joebloggs
