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How many applications?

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Eldorado
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How many applications?

Post by Eldorado » Thu Jun 11, 2009 7:55 pm

If I am applying for my wife and her dependant son to come and live with me in the U.K, do I need to make one or two applications? At £585 a go you can understand the question!

Thanks

vinny
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Post by vinny » Fri Jun 12, 2009 1:48 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Eldorado
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Post by Eldorado » Fri Jun 12, 2009 7:39 am

Thanks for the reply. We would like to stagger the applications. My wife would come to the UK with me(if approved), work for 6 months, and then we would make the application for him. Is their any disadvantage in doing it this way, as opposed to making the applications at the same time?

vinny
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Post by vinny » Fri Jun 12, 2009 1:01 pm

Things to consider when applying for a child:

Age.
Sole responsibility.
Maintenance and accommodation.
Last edited by vinny on Thu Jul 30, 2009 12:36 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Eldorado
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Post by Eldorado » Sun Jun 14, 2009 12:15 pm

Thanks for the reply.
The child is 14, so we have until he is 18 I understand.
The Father has had nothing to do with the child since the age of 1.
The child is disabled and lives with us and his grandparents in Argentina.

In order to be able to make the application we need to save up a little bit more money. The idea is for me and my wife to come over for 6 months and set everything up ie finances, acccommodation. My wife would then go back to Argentina and make the application for him. Do you see any disadvantages in us doing it this way, as opposed to making both applications at the same time?

vinny
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Post by vinny » Sun Jun 14, 2009 12:42 pm

If the child is separated from the mother, then the mother should show that she, and not the grandparents, continues to have sole responsibility of her child.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Eldorado
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Post by Eldorado » Sun Jun 14, 2009 3:27 pm

The grandparents would be looking after him purely to give us a chance to establish ourselves before trying to bring him over. This would sound like she doesnt have sole responsibilty to the immigration office? The grandparents are, well, getting on in years, so obviously that would not be a long term arrangement.

Do you think I need to see a solicitor ?

Rozen
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Post by Rozen » Sun Jun 14, 2009 4:45 pm

Eldorado wrote:The grandparents would be looking after him purely to give us a chance to establish ourselves before trying to bring him over. This would sound like she doesnt have sole responsibilty to the immigration office? The grandparents are, well, getting on in years, so obviously that would not be a long term arrangement.

Do you think I need to see a solicitor ?
Because he is a minor (14), any which way (whether she travels with him or decides to bring him over later); the mother will need to prove to the BHC that she has sole responsibility/custody of the child, and that the father is in no way involved in his care and upbringing. This can be done by way of a sworn affidavit by the father, allowing the mother to remove him from the country, some sort of legal document showing that he has given up his rights as the father, or a death certificate if he is deceased. If he is not named on the birth certificate, then I guess you could explain him away.

If you go for the option of leaving him behind for a bit, make sure you keep evidence of contact eg. phonecalls, emails, money transfers, etc. in order to prove that she was supporting him even in her absence.

In my humble opinion, the best option would be to have mother and child come in together. But I do understand that sometimes financial constraints may not allow. Remember also that UKBA rules are changing all the time, and a lot can happen even in six months. For one, the price of the visa may go up!

Personally, I don't think you need a solicitor. That's money you could put towards bringing them in both together! All the best!

Eldorado
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Post by Eldorado » Wed Jul 29, 2009 11:21 pm

Thank you Rozen for your kind words. I am now in Argentina with my wife and her son and we are making plans to get legal documents drawn up so that we can show that my wife has sole responsibilty of the child - the father should have no problem with this. As I mentioned, for purely financial reasons we are going to make my wife's application first. My wife and I plan to move into my parent's council rented property for a month or so until we both obtain jobs and can rent a house. Do we need any special letter of permission from the council or from my parents? We then plan to rent a property, earn some money and then make the application for her disabled son. How long must we rent the property before we make his application? 3 months? 6 Months?

I am sure I will have many more questions in the coming weeks and months! Also, I just wanted to say thanks to anyone who can offer us any help and advice. Believe me, it's much appreciated.

Eldorado
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Post by Eldorado » Fri Jul 31, 2009 10:14 pm

More questions:

My wife will (hopefully) enter on a settlement visa. As you know when we have saved a bit more money (say 6 months) she would then go back to Buenos Aires in order to make the application for her son, how long can she spend over there whilst we wait for the decision? Also, in case of any emergency, she would be able to leave the country in those first six months right?

vinny
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Post by vinny » Fri Jul 31, 2009 11:43 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Eldorado
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Posts: 19
Joined: Mon Mar 23, 2009 7:08 pm

Post by Eldorado » Fri Jul 31, 2009 11:54 pm

Thanks Vinny, it seems that if she spends 6 or 7 months in the U.K and then goes back to make and await the outcome of her son's application it shouldn't be an issue. Any idea on how long we must rent a house before making her son's application? You see, the longer we stay with my parents then the more money we can show for his application. Thanks again.

vinny
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Post by vinny » Sat Aug 01, 2009 12:11 am

See also I would greatly appreciate any help .....

Don't forget to collect sufficient documents for form SET(M).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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