Dependant child visa

[vic2050]

Dear Board members,

I am in the process of extending my child's dependant visa , I already have ILR under skilled worker visa category
In the last section there is a question which asks consent for third party verification of finances
Is that a yes or a no?

The question is worded as such:
Are you relying on a joint bank account or from someone else to prove your financial circumstances?

Thanks
Vignesh

[Frontier Mole]

It is a yes - as the child is relying on you as their parent for financial support

[ILR24]

Hi All,

I lived in UK for 5 years on Tier 2 General visa and my child as my dependant lived in UK for 5 years too. I am eligible to apply for ILR so applied SET(O) application for me and my child as well. My partner and I are not legally separated but he is living outside UK since Feb 2024 for personal reasons. I am the one who is taking care of my child since then.

I have got the below email from decision making team. What should I do here? Please help.

"Unfortunately as the father of the child does not have settlement, the child does not satisfy the requirement at SW 39.4.

This rule states;

SW 39.4. If applying as a child, the applicant’s other parent (who is not the person (P) in SW 39.1.) must be being granted settlement at the same time, or be settled or a British citizen, unless:
(a) the person (P) in SW 39.1. is the applicant’s sole surviving parent; or
(b) the person (P) in SW 39.1. has sole responsibility for the applicant’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement.

If we were to continue with this application, it is unlikely that it would lead to a favourable outcome for the child, therefore we are offering you the chance to vary the application and re-apply for permission to stay.

Due to how our system works we are not able to change an application type, therefore, in order for us to be able to complete this option you will need to submit a new application for the child. The current application will stay open so that you can vary from this one to the new one so there is no break in the child’s leave and that the new application is considered in time.

Or please can you provide additional evidence / information which shows that you will meet the requirements of the Immigration Rules? If you have sole responsibility for their care, please provide supporting evidence."

[vinny]

Provide evidence of sole responsibility or compelling reasons, etc.

Or ask them to please defer considering child’s application until after you get ILR and vary child’s application to SET(F) under 298. Give evidence that the child normally lives with you.

[ILR24]

Thanks for your reply, Vinny!

I am still not fully understanding the two options given for me. Please could help me understand.

According to their statement - 'If we were to continue with this application, it is unlikely that it would lead to a favourable outcome for the child, therefore we are offering you the chance to vary the application and re-apply for permission to stay.'

1 - May I know what do they mean by 'vary the application and reapply for permission to stay' please?

2 - If I would need to vary, what I need to do? Should I apply for dependant visa extension, if so can my child be my dependant if I get my ILR?

3 - what are all the evidences of sole responsibility? As I already mentioned, my partner and I are not legally separated yet but he is outside UK living with his parents since Feb 2024. I am the only one who is taking care of my child and will be taking care of my child in the future too.

Cheers

[ghoshtuli]

Hello pls can you let me know which documents you provided while proving sole responsibility.

I am also not legally separated, does not have a court order. I have collected letter from school, affidavit
on consent letter from the father, bank statements to prove financial support to the kid etc. Also, the father is under treatment back home. I have doc's certificate too. Pls advise.

[vinny]

Note Example and helpful advice below.

See
Example.

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?