SET O Guidance documents after biomterics

[stella123]

I am due to apply for ILR, my husband fails to meet the residency requirement thus could not join me in my application. My daughter (Tier 1 Entrepreneur dependent) who came to UK together with me meets the residency requirement.
Can i include her in my application citing "I am her sole responsible parent", since:
1. I alone have been looking after her for the past 5 yrs ,
2. I paid her private college fee,
3. I rented an apartment for both of us.
4. My husband only present in the uk less than 30 days in the last 5 yrs.
What documents shall I produce apart from the school fee receipt/tenancy.
If the above way is not a good option, Can my daughter apply on her own. if yes, under which catogory.
Thank you very much for your time.

[vinny]

Has she made a successful leave to remain application with you, without her father?

[stella123]

I read in the previous post that i might not have to prove sole responsibliity since the child is now above 18, but the HO guide applies to • child (under the age of 18 when they first applied) by implication it applies to "child" above 18 now and paragraph 319J of the Immigration Rules
To be granted indefinite leave to remain (ILR) as the child of a PBS migrant or an
Innovator, the applicant must be the child of either a parent who:
• is, at the same time, being granted ILR as a PBS migrant (for children granted
leave as the child of a PBS migrant under the rules in place before 9 July 2012)
• has been granted, or is at the same time being granted, ILR as a PBS migrant,
an Innovator or under Global Talent when:
• that parent is the applicant’s sole surviving parent
• that parent has and has had sole responsibility for the applicant’s upbringing
• there are serious and compelling family or other considerations which would
make it desirable not to refuse the application and suitable arrangements
have been made for the applicant’s care
• has been granted, or is at the same time being granted, ILR as the partner of a
person who has ILR as a PBS migrant or an Innovator
• has been granted, or is at the same time being granted, ILR as the partner of a
person who has become a British citizen (when immediately before that they
had ILR as a PBS migrant or an Innovator)

[stella123]

Her father, my husband has been a dependent all this while (first entry leave and extension) but he has no interest in living his life here, so here merely came here twice, 1 to land and 2 to apply for extension. I knew of the "sole responsibilty" hurdle, so i included him in my initial and extension applications. But now, without him, I wont be able to apply ILR for my daugther, unless i can prove sole responsiblity, am I right?

[vinny]

See also ILR Tier2 PBs dependant. You may be able to succeed with sole responsibility or exclusion undesirable. There appears to be no other options for her without her father.

[stella123]

Hi, good day.
My husband has totally given up his life in the UK, so there is no hope i can compy the "both parents are settled then the child can apply" rule. So if I give it a try and include my daughter in my ILR application based on sole responsibility, if her application is rejected, what would happen to her existing Tier 1 Dependant visa ? (Her existing visa only expires in June 2021.

[vinny]

If rejected, then her Tier 1 dependant leave may continue until expiry or curtailed.

[Abg85]

Stella,

Since you have obtained entry as well as extension visa for your child along with your husband, your application without husband will be surely rejected. The immigration rule is very clear & strict on this.

Hi, good day.
My husband has totally given up his life in the UK, so there is no hope i can compy the "both parents are settled then the child can apply" rule. So if I give it a try and include my daughter in my ILR application based on sole responsibility, if her application is rejected, what would happen to her existing Tier 1 Dependant visa ? (Her existing visa only expires in June 2021.

[vinny]

A refusal is not certain.

[stella123]

Thank you for your time! I have done some reseach, most of the court appeal cases are on "Leave to enter" level, as almost all the childredn in those cases were abroad when their applicatoins were file and their "sole responsible" parents were in the UK, the key word is "they were separated" & to "bring into UK to be united" . I could not find any case where "sole responsibilty" case for ILR & child in the UK and now above 18. If anyone came across any cases like this, I would appreciate if you could point me to it, so that I would know what documents i shud prepare.
I really appreciate your help.

[vinny]

It should be easier to establish sole responsibility when child has been effectively living with you the UK, without the father these past five years. Gather as much evidence of sole responsibility that you can.

TD

"Sole responsibility" is a factual matter to be decided upon all the evidence. Where one parent is not involved in the child's upbringing because he (or she) had abandoned or abdicated responsibility, the issue may arise between the remaining parent and others who have day-to-day care of the child abroad. The test is whether the parent has continuing control and direction over the child's upbringing, including making all the important decisions in the child's life. However, where both parents are involved in a child's upbringing, it will be exceptional that one of them will have "sole responsibility".

....

Summary

52. Questions of "sole responsibility" under the immigration rules should be approached as follows:
i. Who has "responsibility" for a child's upbringing and whether that responsibility is "sole" is a factual matter to be decided upon all the evidence.
ii. The term "responsibility" in the immigration rules should not to be understood as a theoretical or legal obligation but rather as a practical one which, in each case, looks to who in fact is exercising responsibility for the child. That responsibility may have been for a short duration in that the present arrangements may have begun quite recently.
iii. "Responsibility" for a child's upbringing may be undertaken by individuals other than a child's parents and may be shared between different individuals: which may particularly arise where the child remains in its own country whilst the only parent involved in its life travels to and lives in the UK.
iv. Wherever the parents are, if both parents are involved in the upbringing of the child, it will be exceptional that one of them will have sole responsibility.
v. If it is said that both are not involved in the child's upbringing, one of the indicators for that will be that the other has abandoned or abdicated his responsibility. In such cases, it may well be justified to find that that parent no longer has responsibility for the child.
vi. However, the issue of sole responsibility is not just a matter between the parents. So even if there is only one parent involved in the child's upbringing, that parent may not have sole responsibility.
vii. In the circumstances likely to arise, day-to-day responsibility (or decision-making) for the child's welfare may necessarily be shared with others (such as relatives or friends) because of the geographical separation between the parent and child.
viii. That, however, does not prevent the parent having sole responsibility within the meaning of the Rules.
ix. The test is, not whether anyone else has day-to-day responsibility, but whether the parent has continuing control and direction of the child's upbringing including making all the important decisions in the child's life. If not, responsibility is shared and so not "sole".

Also helpful advice:

I recently assisted a client to make a successful settlement application for her child based on sole responsibility. She got the father to write a statement confirming that he had no involvement with the child and that she had raised her daughter by herself. She also obtained letters from her child’s school and church pastor to the same effect and from other family members. You could also get a letter from her doctor to confirm that all the child’s medical appointments have been carried out with only the mother?

[stella123]

I am very grateful for you advice.
I have the following evidents:-
school fee;
school emails for reports;
hospital appointment;
dental appointment;
optician's appointment;
piano classes fee and exam;
tuition classes and fee;
dance classes and fee;
holiday payment record;
But all this is unilateral records ie from my own emails. These record prove that I m involved but not involved as the sole parent (her dad could be still around making decision regarding her upbringing).
I dont have any direct evidence for example church pastor/hospital letter to say i was the only parent around.
You think I shud reach out to parties to ask for their confirmation?

[stella123]

Hi, the statement from the father to say that he has no invovlement, does it have to be notarised? Or just a statement? Did you state reason why the father has no invovlement in her upbringings?

[vinny]

I’m sorry. I don’t know the full details of what the other father wrote. Other parties’ confirmations should help. All bills for child addressed solely to you?

[Abg85]

Hai,

Pls go through the topic.

indefinite-leave-to-remain/please-help- ... 06219.html

I’m sorry. I don’t know the full details of what the other father wrote. Other parties’ confirmations should help. All bills for child addressed solely to you?

[vinny]

Yes. That refusal was because the husband and wife are living together and the husband wasn’t claiming sole responsibility nor other compelling reasons that made the exclusion undesirable.

[Abg85]

Vinny,

The Immigration rules (Chapter 8 Section 5A Annex M ) are clearly mentioning that under the “Serious and Compelling reasons” The objective of this provision is to allow a child to join a parent or relative in UK only where that child could not be adequately cared for by his parents or relatives in his own country. It has never been the intention of the Rules that a child should be admitted here due to the wish of or for the benefit of other parent / relatives in UK.

This approach is entirely consistent with the internationally accepted principle that a child should first and foremost be cared for by his natural parent(s) or, if this is not possible, by his natural relatives in the country in where his Nationality. Only if the parent(s) or relative(s) in his own country cannot care for him should consideration be given to him joining parents/relatives in another country and in this case the father is there in the home country.

So the chances are very rare to get approval.

Yes. That refusal was because the husband and wife are living together and the husband wasn’t claiming sole responsibility nor other compelling reasons that made the exclusion undesirable.

[vinny]

See also Why can’t my children join me in the UK?

Once the child is in the UK, it’s indeed easier for a child to apply for leave to remain under E-LTRC.1.6.

(b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing or the applicant normally lives with this parent and not their other parent; or

and ILR under A277, A280(b), 298(i)

(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or

[Abg85]

Vinny,

Please read the E-LTRC.1.6 in full. There are sub clause in continuation to the clause E-LTRC.1.6. Please read the sub clause (a), (b), (c) under the clause E-LTRC.1.6

E-LTRC.1.6. One of the applicant’s parents (referred to in this section as the “applicant’s parent”) must be in the UK and have leave to enter or remain or indefinite leave to remain, or is at the same time being granted leave to remain or indefinite leave to remain, under this Appendix (except as an adult dependent relative), and

(a) the applicant’s parent’s partner under Appendix FM is also a parent of the applicant; or
(b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing or the applicant normally lives with this parent and not their other parent; or
(c) there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.

See also Why can’t my children join me in the UK?

Once the child is in the UK, it’s indeed easier for a child to apply for leave to remain under E-LTRC.1.6.

(b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing or the applicant normally lives with this parent and not their other parent; or

and ILR under 298(i)

(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child’s upbringing or the child normally lives with this parent and not their other parent; or

[vinny]

Note that the sub clauses are connected with "or".

[Abg85]

Vinny,

That rule is applicable for a child whose parent is applying under "this Appendix (Appendix FM)" for entry clearance or leave, or who has limited leave, as a partner or parent.

In addition to that the Immigration rules clearly mentioned the term “Normally Lives with”.

The fact that an applicant is simply a parent of a child in the UK is not enough to meet the requirements of the rules.
You must be satisfied that:
• the relationship between the applicant and the other parent has broken down and is no longer subsisting
• the applicant has joint or shared custody of the child or children
• evidence of shared custody has been provided in the form of a court order that has been permitted for disclosure by the family court or consensual agreement with the British citizen or settled parent
• evidence has been provided to demonstrate that the child normally lives with the applicant in the UK (and not their British citizen or settled parent), or that the child normally lives with their British citizen or settled parent and not the applicant, but has regular direct contact with the latter
the applicant does not have another partner
Evidence to show that a child normally lives with a person may include correspondence from:
• a court in the form of a court order showing joint or shared custody that has been permitted for disclosure by the family court

Note that the sub clauses are connected with "or".

[vinny]

Unfortunately, neither Appendix FM nor 298 apply in this topic as the ILR application for child will be under 319J.

I was only using it as an example to show cases where sole responsibility wasn’t required when a child was normally living with a settled parent in the UK without the other parent.

[Abg85]

Okay...but proving"Normally Lives" is more complicated than proving"sole responsibility". But that also applicable to the child under appendix FM on those parent already under appendix FM. Anyway that's not applicable in this case.

Unfortunately, neither Appendix FM nor 298 apply in this topic as the ILR application for child will be under 319J.

I was only using it as an example to show cases where sole responsibility wasn’t required when a child was normally living with a settled parent in the UK without the other parent.

[vinny]

It could be simpler, if child normally lives with a single parent at the same address in the UK and other parent normally lives in another country, etc.

It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State's specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve...

[Abg85]

Vinney,

That was before 2012 and the same was under 10 year route. They took around 2 years to get a documentary evidence to prove the "Normally Lives". If the cases are matching the immigration rules, then it will be simple, if it is not matching the immigration rules, then it will be complicated. The immigration rules are very clear in all these things.

It could be simpler, if child normally lives with a single parent at the same address in the UK and other parent normally lives in another country, etc.

It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State's specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve...