Father is away for more than 10 Years and Sole Responsibility

[Ahmd_64]

Hi,

I need to clear few things for someone. It is about Child Visa which is refused and mother has shared her circumstances and request about the suggestion as per Skilled Worker Child Visa.

She said Husband is Living in UK for more than 10/11 years. Little financial support from him. His Status in UK is overstayer.
According to her she is looking after child for last 10/11 years. She is managing all and everything for her child.
Mother has Skilled worker visa. Child visa was refused because of father status in UK. She mentioned and attached consent from him with application.

Now, her opinion is that she qualifies for Sole Responsibility because she is looking after child for years.
Is it true?
Second she believes that if she does not qualify for Sole Responsibility then Below Guidance help her
Dependent family members in work routes Version 12.0”, reads:-

“As with all decisions involving children, you must consider the best interests of the child and your safeguarding responsibilities in the spirit of s55 of the Borders, Citizenship and Immigration Act 2009, in particular that the parent who is not coming to the UK has given their written permission and that care arrangements are suitable.”

Does it help her or sole Responsibility in next fresh application based on above mentioned circumstances.

Please give your views.
Thx.

[secret.simon]

in particular that the parent who is not coming to the UK

His Status in UK is overstayer.

Is the other parent in the UK?

[Ahmd_64]

in particular that the parent who is not coming to the UK

His Status in UK is overstayer.

Is the other parent in the UK?

Mother is in UK last few Months. Father is already in UK but illegal here.

[meself2]

Either a similar story or an actual OP - post2137706.html#p2137706

The advice from there, most likely, applies here as well:

Sole responsibility is irrelevant in these circumstances. Either you return or he does, if not both of you.

You are backed into a corner, your children were left In Pakistan for you to take a job role in the U.K. There is no compulsion for you to be here at the expense of your children’s welfare. Equally there is no requirement for the Home Office to allow your children to join you.

Your choice - remain in the U.K. without your children or go home. In the alternative your husband returns and waits out the 12 months and returns with the children.

[Ahmd_64]

Either a similar story or an actual OP - post2137706.html#p2137706

The advice from there, most likely, applies here as well:

Sole responsibility is irrelevant in these circumstances. Either you return or he does, if not both of you.

You are backed into a corner, your children were left In Pakistan for you to take a job role in the U.K. There is no compulsion for you to be here at the expense of your children’s welfare. Equally there is no requirement for the Home Office to allow your children to join you.

Your choice - remain in the U.K. without your children or go home. In the alternative your husband returns and waits out the 12 months and returns with the children.

I followed this case very well and one thing which is not clear to me is the Father absence from the child life. So if i prove that husband is away for more then 10 Years and also Version 12 Guidance from Home Office to Caseworker.
Does it work for my child to get visa although made mistake to send consent letter to home office from father (That Child can apply and Travel to UK)?

[Frontier Mole]

The period of time the father has been away is irrelevant as is the fact he has not been involved in the children’s life. There is one inescapable fact - he is in the U.K. illegally and the Home Office is not going to entertain anything that would allow the family to unite in this circumstance.

Unless there is evidence that sole responsibility is granted through the court system there is nothing to prevent the Home Office refusing the child dependent visas.

[zimba]

Following are some of the factors that will be considered in assessing sole responsibility:

•Whether the parents are married/in a civil partnership
•If the marriage/civil partnership is dissolved – which parent was awarded legal custody
•If the sponsoring parent has migrated to the UK – how long have they been separated from the child and what relationship they have with the child
•If the sponsoring parent has migrated to the UK, the nature of the child’s care arrangements before and after they migrated
•Who bears the child’s maintenance costs and at what proportion
•Who makes the important decisions about the child’s upbringing, for example, where the child lives, which school they attend, etc

Check out the 'Sole parental responsibility' section in this guide: https://assets.publishing.service.gov.u ... tances.pdf

[Frontier Mole]

Applying for a skilled worker dependent visa for children when the other parent is not applying for a dependant visa sets aside the conventional considerations that would be taken into account in a family route application.

There is no compulsion for an overseas individuals to work in the U.K. and from that there is equally no compulsion for their dependents to be in the U.K. It is accepted for skilled workers that they have a route for their dependents to join them in the U.K. however that comes with a set of requirements that does not give an absolute presumption that children can join a parent without the other parent.

The idea of sole responsibility consideration for skilled workers is designed to account for those that are already (formally evidenced) in that position. While the OP in this case may have by all intents and purposes been acting with sole responsibility it is appears it is not formally evidenced and that with the position of the father in the U.K. This points to a set of circumstances that are in fact manufactured to achieve a family reunification in the U.K.

Also given the point that the OP traveled to the U.K. then wishes to apply after essentially abandoning her children is not going to overlooked or ignored. The concept of child welfare and the obligation of the Home Office to consider that in law is tempered by the self created circumstances. Quote Section 55 as much as you want it does not overcome the circumstances created by the OP.

[Ahmd_64]

Applying for a skilled worker dependent visa for children when the other parent is not applying for a dependant visa sets aside the conventional considerations that would be taken into account in a family route application.

There is no compulsion for an overseas individuals to work in the U.K. and from that there is equally no compulsion for their dependents to be in the U.K. It is accepted for skilled workers that they have a route for their dependents to join them in the U.K. however that comes with a set of requirements that does not give an absolute presumption that children can join a parent without the other parent.

The idea of sole responsibility consideration for skilled workers is designed to account for those that are already (formally evidenced) in that position. While the OP in this case may have by all intents and purposes been acting with sole responsibility it is appears it is not formally evidenced and that with the position of the father in the U.K. This points to a set of circumstances that are in fact manufactured to achieve a family reunification in the U.K.

Also given the point that the OP traveled to the U.K. then wishes to apply after essentially abandoning her children is not going to overlooked or ignored. The concept of child welfare and the obligation of the Home Office to consider that in law is tempered by the self created circumstances. Quote Section 55 as much as you want it does not overcome the circumstances created by the OP.

Dear How can you say that bad circumstances are intentionally created for Visa? If immigration law or policy helps to get visa and that help to unite with family. What is wrong?

[Frontier Mole]

Family unification is not the function of the skilled worker route. It is blatantly obvious what is trying to be achieved here.

[Ahmd_64]

I got. Will it be the same if sole responsibility comes with Divorce? When divorce and sole responsibility comes to one parent then there should not be Family reunification

[zimba]

I got. Will it be the same if sole responsibility comes with Divorce? When divorce and sole responsibility comes to one parent then there should not be Family reunification

No. Read what is shared above. Many parents share responsibility or custody after divorce

[Ahmd_64]

When divorce is happened and sole custody or Responsibility is given then there is no Family unification. Applicant meets the policy requirements. Why this is issue again? Everyone has right to see and try for bright future of their childern.

[Frontier Mole]

When the individual has undertaken all the legal procedures for divorce and custody then come back to the board…

[vinny]

If mother gets ILR, then it may be easier?

[Ahmd_64]

When the individual has undertaken all the legal procedures for divorce and custody then come back to the board…

She has told me that she has Sole Responsibility now.
She has letters from Doctor, Schools and Religious intellectual and even from local councilor which confirm that mother is dealing or deciding all educational, religious and health matters for last 11 years because Husband was away.
She also confirmed that husband is waiting for Asylum decision which is new update for her as well which she did not know.

So she has sole responsibility and letters from school, doctor and religious leader.
Will this help for child visa now?

I think husband mentioned that he will not apply family visa something if child is granted visa but not sure.

[Frontier Mole]

Until there is a legal document granting sole custody of the child from a government entity or court she is no further forward. Letters from a range of people does not constitute sole responsibility. As previously stated.

The fact the husband is now confirmed as claiming asylum will not make any difference. This will in fact strengthen the argument that with both parents in the U.K. - one without status and one on a work visa while the child has been abandoned in the home country will allow the refusal to be maintained.

Are the couple now formally divorced? If not, that will stand against them too.

This is in my opinion a near hopeless case. The husband has no status, highly unlikely to gain status and a mother that has abandoned her child to come to work in the U.K.

[vinny]

She mentioned and attached consent from him with application.

Doesn’t the father’s ‘consent’ letter undermine the mother’s claim to having sole responsibility?

[Ahmd_64]

Doesn’t the father’s ‘consent’ letter undermine the mother’s claim to having sole responsibility?

I did not get you properly. If you do not mind explain it please.

[vinny]

Why would a person with sole responsibility require anyone else’s consent?

[zimba]

I agree with others that there is no evidence of sole responsibility here. The parents are not even divorced and are still in contact which explains a lot. If the father was gone for 10 years and all contact was lost, then at least an argument could be made

[Ahmd_64]

Why would a person with sole responsibility require anyone else’s consent?

The Sole Responsibility test difficult as i read here. Do you think sole responsibility is enough? Father was away from child life (11 Years)?

[Frontier Mole]

Sometimes what people want and what they believe is “right” is not what the laws agrees with. This is very much the case here. Bluntly the case here is the attempted manufactured circumstance where an allegedly “single” parent who is in fact not single and has abandoned her child to come to work in the U.K. Not only did she manufacture the circumstance, she is trying benefit from her own manipulation or attempted manipulation of the system to bring her child to the U.K. The fact is has failed and won’t work going forward seems to beyond their comprehension and / or acceptance is really not anybody’s issue but their own. She either accepts it or goes to court. There is one point that will also be used against her - if she had sole responsibility as claimed why did she not apply for the dependent visa at the time she applied for her skilled worker visa. Probably as she knew it would be refused in the circumstances.

Until there is unequivocal evidence of divorce this whole sorry state will not even begin to be resolved. And based on the fact that both parties are in the U.K. then the divorce documents will have to be issued in the U.K. Get that done and even then there is no surety that it will change the Home Office position.

She knows and maintains contact with her husband and may have done so in the period. If her husband has stated he has a wife and child as part of this asylum process it can not be argued away. He has no doubt maintained this position in the hope that in time he could reunite the family in the U.K. if he was successful in his claim.

In answer, yet again, sole responsibility, will not be achieved without government certification be it the divorce papers or a court order giving sole custody.

I am failing to see why you keep asking the same question and expecting a different answer. There is a saying about that…

[Ahmd_64]

Sometimes what people want and what they believe is “right” is not what the laws agrees with. This is very much the case here. Bluntly the case here is the attempted manufactured circumstance where an allegedly “single” parent who is in fact not single and has abandoned her child to come to work in the U.K. Not only did she manufacture the circumstance, she is trying benefit from her own manipulation or attempted manipulation of the system to bring her child to the U.K. The fact is has failed and won’t work going forward seems to beyond their comprehension and / or acceptance is really not anybody’s issue but their own. She either accepts it or goes to court. There is one point that will also be used against her - if she had sole responsibility as claimed why did she not apply for the dependent visa at the time she applied for her skilled worker visa. Probably as she knew it would be refused in the circumstances.

Until there is unequivocal evidence of divorce this whole sorry state will not even begin to be resolved. And based on the fact that both parties are in the U.K. then the divorce documents will have to be issued in the U.K. Get that done and even then there is no surety that it will change the Home Office position.

She knows and maintains contact with her husband and may have done so in the period. If her husband has stated he has a wife and child as part of this asylum process it can not be argued away. He has no doubt maintained this position in the hope that in time he could reunite the family in the U.K. if he was successful in his claim.

In answer, yet again, sole responsibility, will not be achieved without government certification be it the divorce papers or a court order giving sole custody.

I am failing to see why you keep asking the same question and expecting a different answer. There is a saying about that…

I agree with you but need to help her.

If she has sole Responsibility from Court or legal Custody from court. Will it be possible to have child visa??? Or she attached divorce case is under processs
And shows sole responsibility.
Does it work?
Thank.

[zimba]

You have been given all the information on this issue and what is required to prove sole responsibility. You also have been told now that the evidence suggests the mother does not seem to have sole responsibility, given she is married and remains in contact with the husband. You also have been told that even getting a divorce alone does NOT mean someone has sole responsibility. I feel this post is now going in circles as you keep ignoring the advice and returning to ask the same questions again.

All the advice and information above are quite clear on what needs to be demonstrated and argued as well as the challenges she faces in proving sole responsibility, given all the evidence suggests the contrary. Unless you have anything else (other than what has been discussed) to add, this topic shall be locked as concluded.

Following are some of the factors that will be considered in assessing sole responsibility:

•Whether the parents are married/in a civil partnership
•If the marriage/civil partnership is dissolved – which parent was awarded legal custody
•If the sponsoring parent has migrated to the UK – how long have they been separated from the child and what relationship they have with the child
•If the sponsoring parent has migrated to the UK, the nature of the child’s care arrangements before and after they migrated
•Who bears the child’s maintenance costs and at what proportion
•Who makes the important decisions about the child’s upbringing, for example, where the child lives, which school they attend, etc

Check out the 'Sole parental responsibility' section in this guide: https://assets.publishing.service.gov.u ... tances.pdf