Bring the child to the UK

Tatty · Post by **Tatty** » Thu Aug 26, 2010 6:23 pm

Hello everybody,

I am have recently got my citizenship

and now would like to bring my 16 years old daughter to live with me. She was born outside the UK. I am divorsed from her father. Was reading on UK BA website that I have to show that I have the sole responsibility for her upbrinning or there are serious reasons why she must be allowed to come here. Could anybody advise what it is and how it can be proved.

Thanks a lot

Post by **geriatrix** » Thu Aug 26, 2010 8:04 pm

A court order giving you sole custody of the child.

regards

Tatty · Post by **Tatty** » Thu Aug 26, 2010 8:15 pm

Thank you, Sushdmehta,
And what can be the serious reasons?

Post by **geriatrix** » Thu Aug 26, 2010 8:50 pm

Threat to life in home country or no family member(s) to take care of the child, for example.

regards

Tatty · Post by **Tatty** » Thu Sep 30, 2010 7:15 pm

Good evening to everybody,

Can anybody help with the question - I have read on UK BA website that there is a list of certain countries whose custody orders (for sole responsibilities for a child) can be recognised as valid in UK. My country is NOT on this list. What does that mean? And how does that effect the desision the ECO makes regarding the case?

And the second question is - When one would like to bring the child in UK you need a consent letter from the second parent, - if you have Sole responsibility for the child, does that mean that this letter is not required?

Thank you for your help

avjones · Post by **avjones** » Sat Oct 09, 2010 11:27 pm

What is the position of the father in your child's life? How often do they have contact? Does he pay any expenses for her?

Post by **vinny** » Sun Oct 10, 2010 5:24 am

See also sole responsibility.

Tatty · Post by **Tatty** » Mon Oct 11, 2010 6:31 pm

Good evening Avjones, Vinny and everybody,

Thank you for the reply. We are divorsed for a few years now. My daughter lives with my mum, I financially support them. My concern is - she came to the UK for a short course in one of the colleges last summer and to get visa for that I had to present a letter of consent from her father. It seamed easier at that time just to get a letter from him, as officially I never got any papers showing that I am caring for my daughter, rather than him. How can that letter affect her application? And can somebody explain what exactly "substancial period of time" in paragraph 4.1 about sole responsiability http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary means?

Thank you very much for all your help. Really appreciated.

avjones · Post by **avjones** » Mon Oct 11, 2010 7:45 pm

It's not who looks after her that matters for sole responsibility. For a birth father to have given up responsibility, you need to show essentially no involvement in your daughter's life, no contact, etc.

Post by **vinny** » Tue Oct 12, 2010 1:09 am

"substancial period of time"

[quote="TD (Paragraph 297(i)(e): "sole responsibility") Yemen [2006] UKAIT 00049"]28. In Nmaju v SSHD, the Court of Appeal was faced with the particular issue that if "sole responsibility" was established for a short period of time (in that case 2Â½ months) at the date of decision whether that was insufficient to satisfy the rule. Not surprisingly, the Court of Appeal refused to place a gloss on the wording of paragraph 297(i)(e) so as to require the "sole responsibility" to last for any particular duration (see also Qui Zou [2002] UKIAT 07463 ). We would add only that the appellant's burden of showing sole responsibility may be more difficult to discharge when there is only a short period to point to.[/quote]

Tatty · Post by **Tatty** » Tue Oct 12, 2010 8:11 pm

avjones wrote:It's not who looks after her that matters for sole responsibility. For a birth father to have given up responsibility, you need to show essentially no involvement in your daughter's life, no contact, etc.

Thank you very much for your reply. I am not really sure how can you prove that he had no involvment. It makes sense to show and prove something that exists, but how can you show and prove something that does not? What can be the profe of "non involvment"?

Thank you

avjones · Post by **avjones** » Wed Oct 13, 2010 1:21 am

You'd need to set out the history of his involvement and contact.

The letter of permission he wrote in the previous application is likely to be a significant problem.

Tatty · Post by **Tatty** » Mon Oct 18, 2010 5:20 pm

You'd need to set out the history of his involvement and contact

..
Good evening AVJones,

Thanks for your reply. What is it - the history of involvment and contact? Could you give any ideas what is looks like? I am sorry - is it dairy sort of thing? Please explain.

Thanks a lot,

T

avjones · Post by **avjones** » Mon Oct 18, 2010 6:21 pm

It's not a formal thing - rather, how often your ex sees your daughter, whether he pays for her, does things with her, etc.

When you got a letter of permission previously, what did it say?

Tatty · Post by **Tatty** » Mon Oct 18, 2010 6:58 pm

Thank you posting the reply.
It was standard formal notarized letter confirming that he consents that his daughter leaving the country of residence together with her mother for 4 weeks and her mother is responsiable for his daughter's life and health and all necessary decisions.

This letter is actually states his residential address which is different from my daughter's residential address.

avjones · Post by **avjones** » Mon Oct 18, 2010 9:59 pm

How far is his address from your daughter's?

Tatty · Post by **Tatty** » Wed Oct 20, 2010 6:00 pm

Hello,

They live in the same town, just different districts

avjones · Post by **avjones** » Wed Oct 20, 2010 6:21 pm

You need to focus your attention on the "sole responsibility" aspect, then - and to be honest, I think you might have some trouble.

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Bring the child to the UK

Bring the child to the UK