Mailing appeal documents need urgent help !!

[vetri]

c001 any feedback ?

[CR001]

I don't have any knowledge of Indian marriage or court processes.

[vetri81082]

Hello C001 .... i have forgot the password for acc id vetri. Infact i even mailed twice to the administrator to reset my password . I didnt not receive any response. Will you be able to help me , please ? thanks

Regards
Vetri

[vetri81082]

Hello c001 , Do i have to take test as well do prove my language proficiency ? I am getting confusing statement from people's. I have already sent my docs for Naric red route assessment. Is Naric certificate on Language proficiency level will suffice or should i need to appear for Language test as well ... Thanks

[CR001]

You need EITHER a foreign degree with UK NARIC certificate OR an A1 English test.

You DO NOT need both.

[vetri81082]

Hi C001 ,

i was reading the immigration rule pretaining to family member evidence ... Can you please help me understand what the immigration is looking for ?

4. (d) To evidence maintenance payments (from a former partner of the applicant to maintain their and the applicant’s child or children or the applicant, or from a former partner of the applicant’s partner to maintain the applicant’s partner):
1. (i) Evidence of a maintenance agreement through any of the following:
1. (1) A court order;
2. (2) Written voluntary agreement; or
3. (3) Child Support Agency documentation.

[CR001]

Are you applying for a child?

[vetri81082]

No ...

[CR001]

Then surely that section is no relevant

[vetri81082]

Thank you so much c001 . But i will be applying for him later on in that case what i should be aware about this clause from the immigration rules and what supporting docs or evidence i should submit to the HO ? thanks in advance for your response !!

[CR001]

Why are you not apply for the child at the same time?

Is it your child??

You cannot expect accurate advice if you don't provide all the relevant and important facts.

[vetri81082]

Yes he is my son from my previous marriage. I cannot apply for him untill he is more than 5 yrs of age. As per indian law mother is the sole guardian of the child untill 5 yrs. My son is 2 yrs old now. And i have no legal rights to take him along with me as of now. And i am fighting for visitation rights currently. Later i have to apply for custody. Hope i answered your question.

Besides do i need to submit travel tickets ? while submitting the application ? And what the are the originals i should be sending to Sheffield ? I am not still clear whether VFS would just scan the documents or will ask me to send the original and supporting docs to HO ? ... Please clarify

Regards
Vetri

[CR001]

Yes he is my son from my previous marriage. I cannot apply for him untill he is more than 5 yrs of age. As per indian law mother is the sole guardian of the child untill 5 yrs. My son is 2 yrs old now. And i have no legal rights to take him along with me as of now. And i am fighting for visitation rights currently. Later i have to apply for custody. Hope i answered your question.

Then you need to complete the form as required if you have a child that is from a previous marriage. To bring a child, you will also have a lot to prove. See immigration-for-family-members/sole-res ... 13087.html

Besides do i need to submit travel tickets ? while submitting the application ? And what the are the originals i should be sending to Sheffield ? I am not still clear whether VFS would just scan the documents or will ask me to send the original and supporting docs to HO ? ... Please clarify

HO clearly states not to make ticket bookings until you have the visa. Please follow the instructions you are given in the online process.

[vetri81082]

C001 my ex wife deserted me while my son was 2 months old. She fled to her home town and filed a false case against me. And the court from her state had issued an order for maintainability to child and compensation to mother through ex-parte order. I have counter filed against the order to set aside. The case is still going on in her state. Meanwhile i did file for Restitution of conjugal rights well before she filed a case on me . The court in my state had said the marriage is null and void . I am using the court order and sentence from my state court to dispute the order from her state court. I am waiting for the visitation rights as of now. And I will soon file for a custody of my son as she has Cluster B Border line personality disorder reported by a psychologist.

[vetri81082]

Yes he is my son from my previous marriage. I cannot apply for him untill he is more than 5 yrs of age. As per indian law mother is the sole guardian of the child untill 5 yrs. My son is 2 yrs old now. And i have no legal rights to take him along with me as of now. And i am fighting for visitation rights currently. Later i have to apply for custody. Hope i answered your question.

Then you need to complete the form as required if you have a child that is from a previous marriage. To bring a child, you will also have a lot to prove. See immigration-for-family-members/sole-res ... 13087.html

I am not applying for my son now. And i cannot apply for him untill i have the legal custody. And fighting for custody is a long battle. There is a lot of uncertainty tied to it. I am but confused here please help me . Is there any impact to my application having a child from previous marriage ?

Besides do i need to submit travel tickets ? while submitting the application ? And what the are the originals i should be sending to Sheffield ? I am not still clear whether VFS would just scan the documents or will ask me to send the original and supporting docs to HO ? ... Please clarify

HO clearly states not to make ticket bookings until you have the visa. Please follow the instructions you are given in the online process.

[vetri81082]

can you assist me specific to the form that i should be filling if i had a child from previous marriage ?

[CR001]

Hi C001 ,

i was reading the immigration rule pretaining to family member evidence ... Can you please help me understand what the immigration is looking for ?

4. (d) To evidence maintenance payments (from a former partner of the applicant to maintain their and the applicant’s child or children or the applicant, or from a former partner of the applicant’s partner to maintain the applicant’s partner):
1. (i) Evidence of a maintenance agreement through any of the following:
1. (1) A court order;
2. (2) Written voluntary agreement; or
3. (3) Child Support Agency documentation.

I was referring to your post, quoted above.

Not sure what your last post is asking about re form.

can you assist me specific to the form that i should be filling if i had a child from previous marriage ?

[vetri81082]

Hi C001 ,

i was reading the immigration rule pretaining to family member evidence ... Can you please help me understand what the immigration is looking for ?

4. (d) To evidence maintenance payments (from a former partner of the applicant to maintain their and the applicant’s child or children or the applicant, or from a former partner of the applicant’s partner to maintain the applicant’s partner):
1. (i) Evidence of a maintenance agreement through any of the following:
1. (1) A court order;
2. (2) Written voluntary agreement; or
3. (3) Child Support Agency documentation.

I was referring to your post, quoted above.

Not sure what your last post is asking about re form.

can you assist me specific to the form that i should be filling if i had a child from previous marriage ?

C001 if i understand it rightly the above immigration rules is applicable when i apply for my son ? Please correct me if i am wrong ? Right now i am in a situation where i cant apply for him due to legal implication. Should i be bothered about the above rule ? If yes, what forms, documents or evidence i should be submitting if any applicable ?

Also please let me know what are the originals , and what are the attested copies i should submit to the HO. I heard the sponser had to physically sign the passport copies and send the hard copies only and not the soft copies... What are the other supporting documents falls under this category, kindly help as i am planning to submit the application by end of Jan"18 the worst case ... Your are of a great help so far, huggs to you ....

[vetri81082]

c001 awaiting for your guidance, please help ..thanks a lot

[Casa]

In an earlier post you stated that you aren't applying for your child in this application.

[vetri81082]

Hello casa , Yes i am not applying for my son.

[vetri81082]

This is the statement from c001 from the previous post from page 2 ....

"Then you need to complete the form as required if you have a child that is from a previous marriage. To bring a child, you will also have a lot to prove. See immigration-for-family-members/sole-res ... 13087.html"


All i need to what is the form i have to complete if i have a child from previous marriage ?
I am not bringing the child so i am ignoring "immigration-for-family-members/sole-res ... 13087.html"

Please advice ... thanks

[CR001]

If the form asks if you have a child from a previous marriage who you support, you need to declare it. Not doing so will create problems when/if you apply for the child as HO will question why this was not declared for this visa application.

[vetri81082]

Of course I am declaring in the visa form that i have a child . Infact the sponsorship letter of my wife has the following statement ....Which is the clearance officers are kept well informed.


" We have been advised by my husbands lawyer that Indian courts favour the mother as a natural guardian while the child is young and until age of 5 yrs, and as of this date no conclusion has been reached to lay out his visitation rights for his son. Our intention will be on our holiday’s back to India to visit his family we will visit his son in his home town. He is not requesting any form of custody over his son. No court agreement has been reached over alimony/Child Maintenance yet by the lawyers or judge, however we are advised that the equivalent of £100 per months in rupees is standard payment."

Additionally iam attaching the indian supreme court order on child guardianship and custody when they are toddlers and young....

Weblink removed by moderator

[CR001]

The point of me posting the link to 'Sole Responsibility' was for WHEN you get to the point of applying for his visa. HO are very strict about this regarding children. The Indian rules is irrelevant.