dependent rules

[kalbo]

fist of all hi all i am john my pinoy wife is darna as in wonder women we have been together for over 4 years 2.5 of which was in the ph we have been marred for 1 year in the uk and has a spouse visa she has her own business in the uk we have a flat free of recourse to public funds we would like to bring dian my wife's daughter who is 5 years old to the uk we pay a friend in the ph to look after her there is no father on the birth certificate so no problem there unfortunately i cannot live in the ph due to medical issues any advice would be a big here many thanks

[grahamw48]

I don't see any problem if you can prove that there is no father around and that you and your partner are her main source of support.

I have brought two children here in similar circumstances.

Carry out as much research as you can as to current immigration regulations/documentary requirements (UKBA website) before filling in forms and paying out money. Also requirements at the Phils end.

Her mother will have to accompany her to the UK, as the Phils authorities will not permit an unaccompanied minor to travel...especially a female.

Probably best to get her her own passport. (I know we did that with my stepkids, who at the time were aged 7 and 9 years).

Wishing you the best of luck, and stick around here because others will have advice too, and more up to date than mine.

[joebloggs]

how long has the person in the phils looked after your step daughter and when was the last time your wife had seen her daughter ?
you need to make sure your wife has evidence she has 'sole responsibility' for her daughter and not the person who is looking after her.

[Arthur Little]

John.

Having never been in your circumstances, there isn't really anything I can add to what either of the two previous respondents have mentioned ... but I WOULD like to take the opportunity of wishing you and Darna every success with completing your family in the *UK, by bringing little Dian to *this country.

[Jenky]

Hi Kalbo

I brought my wife and then 9 year old step daughter here in 2009. For my step daughter we had to prove that my wife had sole responsibility for her daughter. For us that took an annullment in the Philippines with a judgement giving my wife sole responsibility for my step daughter. Her real father left the scene soon after she was born. But not before putting his own name on her birth certifiicate and registering a fake marriage to my wife in the NSO in Manila. Me undoing all of that is another story.

Fortunately you have none of those problems and after getting her a Filipino passport, like Graham says providing the father is not going to object/interfere then you should be able to do what you want right now.

But If I understand your post correctly you have already been here for over a year on a spouse visa. So soon that visa must be expiring and then you yourself will be applying for indefinite leave to remain here. Being a settled person here in the UK will strengthen your application to bring your daughter here considerably. So it may be worth considering putting off your application until then. As your daughter is only five years old now, she will still be young enough to slot into school life in the UK with no problem even if you do decide to wait until you have your own ILR before applying for her to join you here.

[joebloggs]

Hi Kalbo

I brought my wife and then 9 year old step daughter here in 2009. For my step daughter we had to prove that my wife had sole responsibility for her daughter. For us that took an annullment in the Philippines with a judgement giving my wife sole responsibility for my step daughter.

jenky thats not the 'sole responsibility' or 'custody' the British embassy is looking for, its nothing to do with the Philippine courts. thou you will need custody of the child.

the sole responsibility the embassy is looking for is who makes the day to day decisions that effect the child's life, who ever ( your mom, aunt, even bio father) looks after the child while your not there, there could be a risk that the embassy could say that person has 'sole responsibility' and not you.

But If I understand your post correctly you have already been here for over a year on a spouse visa. So soon that visa must be expiring and then you yourself will be applying for indefinite leave to remain here. Being a settled person here in the UK will strengthen your application to bring your daughter here considerably. So it may be worth considering putting off your application until then.

i would always say get a child here asap, the reason being the longer your apart it could be more difficult to prove you have 'sole responsibility' especially if you don't have good evidence and you've not lived with the child for years.

[grahamw48]

i would always say get a child here asap, the reason being the longer your apart it could be more difficult to prove you have 'sole responsibility' especially if you don't have good evidence and you've not lived with the child for years.

I absolutely agree Joe.

The sooner the better, or risk jeopardising 'sole responsibility' requirement !

[Jenky]

Hi Joe and Graham.
What you say is good advice and you have much more knowlege than me so its probably the right advice. But to my way of thinking the right time to apply for her daughter to come to the UK was at the time the spouse visa was applied for. I was fortunate to be able to do that. For whatever reason Kalbo was not.
Kalbo must be close to applying for ILR so having that shows commitent to a future here in the UK. And to my mind it would be a very hard hearted person at the UKBA who would refuse an application to let her daughter join her after such a commitment to this country purely on the gounds of sole responsibilty. Surely they are more likely to be inquisitive if an application was made whilst still on spouse visa.

[grahamw48]

Forget anyone at UKBA having any kind of HEART !!!

It just does not work that way.

Like all civil servants (I used to be one) they're covering their backs from starting work to finishing. Humanity has NOTHING to do with it.

Apply for the dependent's visa as soon as you're confident you have satisfied absolutely all the requirements for the application, would be my advice.

(It is not abnormal for Spouse visa applicants with kids to submit a Dependent visa application at the same time anyway).

[joebloggs]

Hi Joe and Graham.
What you say is good advice and you have much more knowlege than me so its probably the right advice. But to my way of thinking the right time to apply for her daughter to come to the UK was at the time the spouse visa was applied for. I was fortunate to be able to do that. For whatever reason Kalbo was not.
Kalbo must be close to applying for ILR so having that shows commitent to a future here in the UK. And to my mind it would be a very hard hearted person at the UKBA who would refuse an application to let her daughter join her after such a commitment to this country purely on the gounds of sole responsibilty. Surely they are more likely to be inquisitive if an application was made whilst still on spouse visa.

search for 'sole responsibility' on here, recently a few people have had the visas refused for their child they left in the phils because of 'sole responsibility' i think one was won on appeal, i cant remember what happen in the other case.

the longer you leave the child in the phils, the risk of refusal COULD increase, it's difficult to prove you have 'sole responsibility' as it is.

UKBA dont have a heart, they tick boxes and have targets to meet and in some cases don't have any discretion at all, sole responsibility is probably the most important area when applying for a visa for a child, as it has nothing to do with Philippine law, as i said its difficult to prove in many cases you have it.

you mention commitment to the UK but what about commitment to the child you've left behind for 2 or more years, as always if possible bring the child with you, if you cant bring the child ASAP.

[bhem_bhem]

hello kalbo,, when are you planning to lodge your step daughter's application?