Father is away for more than 10 Years and Sole Responsibility

[vinny]

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)?

A letter of consent is evidence of the sender giving permission to the receiver regarding the child. Therefore, it’s a counterexample to the notion that the receiver has sole responsibility. A letter confirming abandonment or no involvement may have been be more appropriate?

I think the mother applying for child’s entry clearance may also be a counterexample to an assertion that the mother has abandoned the child.

[Frontier Mole]

If the mother, given the circumstances, had applied for the dependent child visa at the same time she applied for her work visa I would be in agreement that would not be abandonment. BUT that is not the case, she applied solely in her own right and once in the U.K. she believed that being here gave her additional rights to bring her child. This was a planned attempt to circumvent the rules, it failed and the outcome will not readily change.

It is abandonment and there is absolutely no excuse as coming to work in the U.K. is entirely a personal choice. She can easily return and look after the child she has abandoned. The child has been put at risk by her own actions and the Home Office is acting entirely within the law in refusing the child’s visa.

[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)?

A letter of consent is evidence of the sender giving permission to the receiver regarding the child. Therefore, it’s a counterexample to the notion that the receiver has sole responsibility. A letter confirming abandonment or no involvement may have been be more appropriate?

I think the mother applying for child’s entry clearance may also be a counterexample to an assertion that the mother has abandoned the child.

Father has given consent that child can live Primarily with mother (where she has job) and also mother sent accommodation letter from (Tenancy Agreement) estate agent that she has two bedroom house where her child can live.
Father gave consent to child to live with mother in UK. This was attached with application.

[Frontier Mole]

and the visa was refused... so that worked well.... not

[Ahmd_64]

and the visa was refused... so that worked well.... not

So it mean
1- Sole Responsibility is not going to Work
Even accommodation and well care is arranged

2- Legal Custody from Court is not going to work

3- Legal custody from Court (If divorce is applied in UK) is not going to work (If divorce case is in progress …. Not going to help).

Then what is not next step for child to come?

Going back to home country. Please do not advice it

[vinny]

I believe the father’s ‘consent’ letter demonstrated parents’ joint responsibility rather than mother’s sole responsibility. Hence, it may have undermined the mother’s claim to sole responsibility. A person with sole responsibility would not have needed such a letter from anyone else.

[Ahmd_64]

I believe the father’s ‘consent’ letter demonstrated parents’ joint responsibility rather than mother’s sole responsibility. A person with sole responsibility would not have needed such a permission letter from anyone else.

What should be the next for Child Visa?
If Sole Responsibility is not going to work then what will help?

I read couple of tribunal cases online. Physically involved parent has sole responsibility instead of afar living parent who has little financial support. Physically involved parent has to do the major decision for example education, Medical, Religion etc instead of the parent who is away from last 11 years.
What do you think ?

[vinny]

Try to satisfy

CHI 3.2.

The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:

• (a) the parent applying for or with entry clearance or permission to stay is the sole surviving parent or has sole responsibility for the child’s upbringing; or
• (b) the parent who does not have permission:
  • (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
  • (ii) lives, or intends to live, in the UK; or
• (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission or who is covered by CHI 3.2.(b).

[Ahmd_64]

Try to satisfy

CHI 3.2.

The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:

• (a) the parent applying for or with entry clearance or permission to stay is the sole surviving parent or has sole responsibility for the child’s upbringing; or
• (b) the parent who does not have permission:
  • (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
  • (ii) lives, or intends to live, in the UK; or
• (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant entry clearance or permission to stay with the parent who is applying for or has entry clearance or permission or who is covered by CHI 3.2.(b).

Thank You
Vinny
Zimba and Frontier Mole

I got what you all gave useful advices.
I know CHI 3.1 and CHI 3.2 need to be satisfied.
Initial Application was submitted without any sole responsibility and Serious & Compelling reason.

I just want to better understand the sole responsibility of the mother. Father’s consent letter was attached as per the policy that he is giving permission to travel and live with mother.

Its long debate here and again thankful.

I am still in confusion of the “sole Responsibility”. Father is away from child life for 11 years. He gave money few times and had no regular contact. Mother had physically involved and she was doing day to day care and decisions which can be proved by doctor, school and religious teacher.

Concern is
Will it be sole responsibility or shared.

Thats it.

Thanks again.

[Frontier Mole]

It has been set out repeatedly. No court documents no sole responsibility.
Parents are married so you can’t just hand over a letter and so the kid is all yours.
Divorce certificate and court awarded custody is the route that will be needed.
Stop focusing on all the emotional and irrational points about how long the father has been away. It does not matter a single bit.
It is about meeting the requirements set out and nothing more.