My two problems are:
My wife applied for a settlement visa for her daughter from the Philippines ( shes 18 in July ) it got refused on the grounds that she did not maintain sole responsilbity.
My wife originates from the Philippines but gained naturalisation 14 years ago through marriage. She left her daughter in the philippines under the care of her fathers mother, due to domestic violence from her then partner. Her daughter was born illegitimate as stated on the birth certificate.
My wife had restrictions placed on her by ex partner in terms of no contact situation with the child. The child did not have any knowledge or even contact with her mother from the age of 3 until she was 15 years old.
Contact was not allowed nor made for this period of time due to threats towards my wife etc.
My wife left to work in Hong Kong when the child was three and has maintained regular and substancial remittences since then until present, paying for schooling, gifts , clothing etc.
The ECO has stated that he does not think that my wife has sole responsibilty for the child. Is he right in assuming this, and do we have a justifiable case at appeal court, due to the laws on illegitimate children the Mother has sole parental responsibility
In English law, under s3(1) Children Act 1989,
Parental Responsibility "...means all the rights, duties, powers, responsibilities and authority, which by law a parent of a child has in relation to the child and his property". Under s2(1), both the child's father and mother have Parental Responsibility for the child if they are married to each other at the time of the birth. Under s2(2), where the child's mother and father are not married to each other at the time of the birth, the general rule is that the mother has sole Parental Responsibility for the child unless the child is freed for adoption or is the subject of an Adoption Order in favour of another person.
The other question is during the interview by the ECO, the childs step mother was interviewed and questioned Is this a breach of confidentiallity and privacy law?
A copy of the interview Q&A were not given to the applicant after the interview with the NOD.
The Notice of decision states in paragraph one, ‘That it has not been necessary to interview you in order to reach a decision’ : An interview was infact carried out, does this indicated that the application was not carried out in accordance with the rules and withinin the guidelines?
Second question
The EEA visa , would it be easier to resubmit an application for this classification to get my wifes child to the UK? and is the EEA visa similar to a settlement visa where there are no restrictions in how long you can stay in the UK, exit and entry free ( for example holidays to EU etc) and does it give the child the chance to apply for ILR no restriction then apply for natuaralisation?
Can i apply for an different classification of visa say the EEA while i have the settlement visa in the appeal process, and can i submit the EEA visa application to ANY overseas mission or does it have to be the British Embassy in Manila( where the applicant lives). They have her biometrics on file there.
I would ask if any one could put me in the right direction as its taken two years to apply for the visa ensuring that the paper work is in force etc, and the clock is ticking down.
Thank you for your help in advance.....
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