Visa for wifes son.

[cerjones]

Hi, I am trying to get my wife and her son visas to come live with me in the UK, they are from Texas. Texas rarely does sole custody but when she was divorced from her ex husband she had this put in the divorce decree. (The legal document / settlment of the divorce issued by the court in texas).

It says...

"JANE DOE shall have the exclusive right to determine the childs primary residence without regard to geographic location."

Will that be enough to get her son a Visa? I mean in the sense that she has the legal equivelant of sole custody as far as deciding where he lives.

Many thanks.

[vinny]

See also sole responsibility.

[avjones]

"JANE DOE shall have the exclusive right to determine the childs primary residence without regard to geographic location."

Will that be enough to get her son a Visa? I mean in the sense that she has the legal equivelant of sole custody as far as deciding where he lives.

Many thanks.

No it won't. You need to prove "sole responsibility", which is pretty difficult if the other parent is still alive and not on the missing list.

[cerjones]

No it won't. You need to prove "sole responsibility", which is pretty difficult if the other parent is still alive and not on the missing list.

They have only seen his father twice in 4 years and we dont know where he is.

From SET7.8 :

"Who takes the important decisions about the child's upbringing, for example where the child lives, the choice of school, religious practice etc?"

Does that not sugest that with her having legal right to decide where he lives, and that the ex has had no involvment in his life for 4 years, would mean she basically has had sole responsibility?

How would you go about proving somthing like that anyway?

[avjones]

It's very difficult indeed to do it, I'm afraid. Almost all cases are turned down by the ECO, if there is a second parent alive. Some of those are then successful on appeal. You will need to put together a careful list of how often the father's seen the child, when, what involvement with his life.

Is any child support etc paid by the father?

The most recent Court of Appeal decision relevant to the test is NA (Bangladesh)[2007] EWCA Civ 128

The words "sole responsibility" have been the subject of many cases in the courts and these are summarised at Macdonald 6th edition, paragraphs 11.90 and following. Reference is made to Sloley v Entry Clearance Officer Kingston Jamaica [1973] ImmAR 54. Where responsibility has not been delegated to a grandmother or other relative who is looking after the child, but has been abdicated, the parent in the United Kingdom will not be treated as having sole responsibility. In that case, sole responsibility in that parent was found to exist, the tribunal considering as relevant the source and degree of financial support of the child, and whether there was cogent evidence of genuine interest in and affection for the child by the sponsoring parent in the United Kingdom. In Cenir v Entry Clearance Officer [2003] EWCA Civ 572, the court stressed the importance of the parent with responsibility, albeit at a distance, having direction over or control of important decisions in the child's life. As to the position of a parent still in the country where the children are, it was held in Nmaju v IAT [2001] INLR 26 that to disqualify a child for admission the other parent's involvement needs to have amounted to an independent exercise of responsibility. By reference to Emmanuel v Secretary of State for the Home Department [1972] ImmAR 69, it appears that distant past responsibility by the other parent should not render the sponsoring parent's responsibility other than sole.

Additionally, the Court of Appeal said about foreign court orders:

While legal responsibility under the appropriate legal system will be a relevant consideration, it will not be a conclusive one. One must also look at what has actually been done in relation to the child's upbringing by whom and whether it has been done under the direction of the parent settled here.

[waitinggame52]

hi, if the 2nd parent is alive but has no interest in raising the child and will not alow the child to live with them, ie will provide no money and no housing, ever, will the UKBA still "pretend" that there is no sole responsibility and "pretend" that the child is going to stay with the 2nd parent as a ground for refusing the visa ? Even if it's demonstrably untrue ? ta.

[cerjones]

His father has never willingly paid child support but the texas equivelant of the CSA have been taking mony from his paycheques on the odd occaisions they can locate him. (Last payment was 8 months ago) But as soon as they do he either looses his job or quits to avoid paying it. Around 18 months ago they actualy took him to court for child support owed, which was 8,000 at that time. He could have been put in jail untill he paid it if my wife agreed, but she said to let him go. But since then they've been taking it from his income tax refunds.

I can show that I've been helping to support them, I can show 4 years of funds transfered via paypal to her account in the US. Averaging around 600 to 1000 $ a month.

Would it make any difference if I adopted my stepson?

Thankyou for your time and help .

[avjones]

The fact that (unwillingly or not) the father has paid for the child doesn't help you establish sole responsibility.

Please don't think I'm trying to put you off altogether, I'm not. I'm trying to show the hurdles you need to overcome, so that you can put together a careful application, more likely to succeed.

[cerjones]

Please don't think I'm trying to put you off altogether, I'm not. I'm trying to show the hurdles you need to overcome, so that you can put together a careful application, more likely to succeed.

I apreciate your help and understand from everything you've told me and what I've researched online , that it's a difficult thing to prove. There doesnt even seem to be any official guidance on how you could go about it.

FWIW I intend to visit an immigration solicitor this week or next.

thanks,

chris

[avjones]

Make sure it's a decent solicitor (there are a fair few bad immigration solicitors out there)

[cerjones]

Make sure it's a decent solicitor (there are a fair few bad immigration solicitors out there)

How do you tell a good one from a bad one?

I was thinking about using this firm :

http://www.latitudelaw.com/

[avjones]

When you first meet them, listen to them. Do they sound efficient and on the ball? Is there office reasonably well organised? Are they charging a reasonable price?