FLR FP form

[corasson]

Hello everyone,

Please someone I really need advice. I have a daughter in africa who is 9 and im single mother on flr fp visa. Please can you tell me which form should I use to apply for her visa. And what are the documents I need to provide for her applications.

Looking forward for any kind advice please im desperate and also what is the maintenance I should provide as I'm on flr fp??
Thanks

[corasson]

Sometimes I can't stop laughing when I read some post here. Obie don't be offended I think he just want to be reassured that you know what your doing so can he can follow your advices fully.
Dear Obie I wish you can advice me on my post too. You probably haven't seen them yet. I am patient...
good night

[Obie]

How did you obtain leave to remain?

What is the financial position of the family.

Is there a earning of 22,400 and above?

[corasson]

Hi Obie ,
I f I may asked how to prouve sole responsibility.
I have the same problem. My daughter was living with me and my mum since birth. And when I came to England she stayed with her grand mother.
can a letter of my mum and all the receipt of western union sending to my mum to cover my son's need are good enough to proove sole responsibility. Anything else please help thanks very much.

[corasson]

Hello,
Could anyone advice me on which documents a should get to prove of a child sole responsibility. Her father his on her birth certificate but he doesn't see his daughter and doesn't pay any maintenance or support.

Please someone.
thanks.

[corasson]

Please Vinny.
Can I apply for my daughter in africa to join me here? I have got a limited leave to remain under flr fp? Can I apply for her visa as my dependant.
If so please which forms I should use? And which financial maintenance should i provide.

I'm so desperate.

Thanks very much.

[corasson]

Hello everyone family boards,

Anyone who can read this and give me some advices is more than welcome.
I have been recently granted 30 months leave to remain under flr fp. Iam a single mum and caring after my baby daughter who is British citizen. I have an older daughter who lives in africa with my mum and I would like to bring her here she is 9.
I currently live on my maternity pay which is 552. I also get 220 maintenance from de father of my British baby plus 82 child benefit.
I want to know if VAF4A and apendix 2 are the write form to use.
What is the adequate maintenance I should demonstrate. My rent in 265 per month.
Please Anyone who has been through this process while on a limited leave to remain visa. I'm trying to get everything ready and will be travelling there to apply for my daughter myself as I don't have no one to take the child to the British high commission.

Thanks very much
stay bless

[corasson]

Hi Obie,

Sorry I didn't see you reply since November the 07.
I must be turning mad. Anyway.
here is my situation I recently got 30 months leave to remain under flr fp. I'm a single mum and care after my British baby.
What maintenance should I need to proove and which forms should I use to submit the application from Africa.

Thanks verymuch

[corasson]

Please any moderator of family forum. Do read my posts above and help me I beg.

Thanks very much
x

[Obie]

Yeah, i have been busy, and my mind was diverted from your post for unknown reason.

I have been puzzled as to whether your child will need to apply under E-ECC or whether the provision of paragraph 301 is applicable.

I have formed the view that it must be paragraph 301.

E-ECC 2.2 cannot apply to your child's case, as you don't need to meet that financial requirement under E-ECPT 3.1, therefore it cannot be right that it should be applied to a child when it is coming separately from you, in circumstance where it will not apply to a child if you are entering as a family unit. It will make no sense at all. It will go against the whole of the Section 55 policy.

I believe you will need to meet the Sufficient resource requirement.

Once your rent and council tax are deducted, is there enough left, at a rate equivalent to the rate of income support for a family of your size.

I believe that is the test that has to be met.

[corasson]

Thanks very much for your reply Obie your a God send. Your above email has given me hope.
To answer your question as i believe by sufficient resource requirements you mean adequate maintenance. I think once removed my rent and council tax the left over doesn't reached the rate of income support for a British family of my size but I have got savings. The savings will cover what my left over can't cover am I right??

Please if possible can you guide me on with form I should use for my daughter application is it the VAF A4 and appendix 2. ??

Thanks again and bless you

[corasson]

Dear Obie,

Thanks very much once again for your help and for anyone else.

I have applied for my daughter visa on January and she got refused. the ECO was satisfy with the adequate maintenance and proof of income and accommodation but, he was not satisfy as he mentioned not enough evidence to prove sole responsibility, and also he was not sure whether the money i was sending to the grand mother was spend on my son, furthermore the eco stated that i did not show emotional concern towards my son welfare and upbringing during the period of separation, and blablabla,
i have now appealed the decision and when sending the appeal forms and documents i did not send my tenancy agreement as well as western union receipts as the ECO was already satisfy with those documents from the application i have mostly put the new evidence and proof of parenting, do you know if that will be alright?? Or will the judge asked to see those others documents i did not put with the appeal?
And i am wandering what will the next step, i have appeal on paper hearing as i am not in the uk but in Africa with the child,
Do you know how long it will take to the judge to take a decision and for me to be notify, as i need to return to uk at some point i cannot stay here forever, but i dont want to return without my daughter.

Thanks

[Mauser1905]

I have applied for my daughter visa on January and she got refused. the ECO was satisfy with the adequate maintenance and proof of income and accommodation but, he was not satisfy as he mentioned not enough evidence to prove sole responsibility, and also he was not sure whether the money i was sending to the grand mother was spend on my son, furthermore the eco stated that i did not show emotional concern towards my son welfare and upbringing during the period of separation, and blablabla,
i have now appealed the decision and when sending the appeal forms and documents i did not send my tenancy agreement as well as western union receipts as the ECO was already satisfy with those documents from the application i have mostly put the new evidence and proof of parenting, do you know if that will be alright?? Or will the judge asked to see those others documents i did not put with the appeal?

Sorry to hear your refusal. I am noway expert in immigration laws but have knowledge of sole responsibility to certain extent.
Proving sole responsibility in multi pronged approach, legal documents, evidence of financial support, telephone records, photographs of time spent together, Sole involvement in day to day care and decisions of the minor child etc. Perhaps you have not understood the seriousness of the whole process involving minor child and a rushed application has met with objections from the ECO. Did you have court documents to prove you have sole and full custodial rights and guardianship towards the child?

I see that you have appealed against ECO's decision and also provided new evidence to appeal process, in my limited knowledge this newly supplied evidence may not be considered as it was not presented to ECO in first place.

Good luck.

[Obie]

It may be argued, that the view of the ECO is inconsistent with TD (Paragraph 297(i)(e): " sole responsibility ") Yemen [2006] UKAIT 00049.

[Mauser1905]

It may be argued, that the view of the ECO is inconsistent with TD (Paragraph 297(i)(e): " sole responsibility ") Yemen [2006] UKAIT 00049.

In circumstance like your, I believe an Oral Hearing will be most appropriate, and you could ask for expedition, given the fact that the appeal pertains to the welfare of a young child.

If you put in a good case, the ECo may concede before a hearing.

Obie,
In that judgement the appeal after reconsideration was dismissed.

In OP's case, she elected to stay in the UK but delegated day to day care to her mother in home country. This compromises her sole responsibility which does not show evidence of physical contact for the young child.

Clearly OP has not put a good case in front of ECO.

[Obie]

Well that is a strange way to look at an authority, especially from a Legal Person point of view. It is important to look at it as a whole.

An authority may not be useful or derive a positive result for the appellant, but others may derive significant assistance from its guidance.

You simply say the appeal was dismissed, therefore it cannot benefit the OP.

That is not the approach. There is a guidance in Paragraph 52, which if followed, is likely to lead to a success.

Certain questions will need to be answered.

The authority states that the fact that the Other parent delegate responsibility to someone else like grand parents, does not preclude the parent from having the "Sole Responsibility role".

Also see Dependent Visa Query and NA.

If the ECO took the view that purely because the OP's child is looked after by the grandmother, that the OP does not have sole responsibility, that will not accord with the law.

[Mauser1905]

I am not a legal person, that explains it.

Understand the guidance will help the application.

I am coming more on fill in the blanks. As you said, questions need to be answered, and ECO can only see what applicant provides, without a good solid evidenced application in first place I am sceptical as to appeal success. In my opinion had their been good application in first place ECO wouldn't have objected! Assumption.

Even after that, for sure appeal helps.

[Obie]

I am not a legal person, that explains it.

Understand the guidance will help the application.

I am coming more on fill in the blanks. As you said, questions need to be answered, and ECO can only see what applicant provides, without a good solid evidenced application in first place I am sceptical as to appeal success. In my opinion had their been good application in first place ECO wouldn't have objected! Assumption.

Even after that, for sure appeal helps.

Sorry, i misread your post. I thought you were an Immigration expert from Norway.

[Mauser1905]

Sorry, i misread your post. I thought you were an Immigration expert from Norway.

for a moment I was scared of legal indemnities!!

[corasson]

Thanks guys for your replies,

i wish i had enough time to submit those queries before my appeal, by the time i got the letter of refusal it was just within the 28 days limit to send the appeal back to the uk. And i also wish i was in the uk now to appeal on oral hearing as i will then be able to explain the real situation of my daughter here in Africa,
I am in Africa for almost 2 months and there is still no solution for my daughter i cannot leave her behind and i cannot stay here forever i will need to return to uk at some point, i have explain all this on my appeal form.
I know nothing about the legal stuffs to be honest i have try my best to provide all the documents the ECO has said i did not provide. Regarding sole responsibility the Eco has stated he believes that the father was here taking part of the child upbringing, well i don't know where the ECO has got this information, do they have right to invent stuffs like that because i don't see any father here for my daughter i have not seen any for 9 years, i am the one looking and caring for my daughter on my own and physically for several weeks now what else do they want.

Also i would like to know whether if the appeal is rejected will i have the right for another one, or will i just need to reapply in future??

Thanks,

[Obie]

You will have the right to appeal to the Upper Tribunal.

He should have provide some form of reasoning for saying the father is around.

[corasson]

Hi Obie.

And thanks once again for your help.
I posted the appeal form from Africa on the 19 of February, and on the 11th of March I received an email from the tribunal confirming that they have taken the appeal fees from my bank account.
Please can you tell me what are the next step am I going to hear anything from them or they just gonna contact me after their decision is made. Thanks very much. Also I'm now back in the UK. I was in Africa for two months. Does that gonna make any problem with the appeal process?

Thanks very much

[corasson]

Hi Dear moderators,

I just need to speak to someone and have some reassurance.
My daughter appeal was sent back from the tribunal to the embassy for review On the 16th of April. OMG I am so worried could anyone tell me how long it's gonna take the ECO to overturn his decision? Does anyone knows if it's the same person who refused the first time who will have to review his decision again? The embassy has till the 30 of July to reply. The first decision from the ECO was made in 10 days. Why will he need 14 weeks to review his decision.

Can someone talk to me please. I spent almost 3 months with my daughter recently in Africa and it was heartbreaking to leave her behind. I'm so desperate to have her here with me.

[corasson]

Just a quick update. The ECO didn't reconsider their first decision. So it should be listing for hearing. But I have just sent an email to change from the paper hearing to the the oral hearing?
I would like some advices on which documents I should gather to prove that I care for my son welfare and well being.
Please any advices will be really appreciated thanks in advance.

[corasson]

Hearing date for my daughter appeal
18/05/2016
So basically a long way to go . 9 months to go.
I was wondering if I should just apply again, but the fear of being rejected over the same reason sole responsibility.
I am still looking for a lawyer to take over the case.
Does anyone can direct me to a good lawyer whose specialist on child settlement visa. Thank you.