Kitty wrote:Does the father still have contact with the child?
What are the mother's other circumstances? (i.e. might she qualify for a visa in her own right?)
Hi many thanks for the reply. The father has no contact with the child or mother. Please be adivised the father is in the United Kingdom residing permenantly.
The mother did apply for a visitors visa to the UK on her own right. However the British visa seciton overseas rejected her application on the following grounds:
1. She failed to secure permission from the father to take the child to UK.
2. She did not obtain consent from the UK local authority for fosterig of her child.
3. She falied to secure a school place for her child in the UK
4. Her evidence of financial circumstances were not correct for the trip.
After receiving the above refusal notice I contacted the local authority to clarify their positon. The local council confirmed in writing that a school place can not be secured until the child is in the UK. With reagrds to the fostering permission the local council confirmed on a letter that as I am the childs uncle fostering permisison is NOT required. I have also read the childrens act 1989 and under schedule 8, section 66(5), subsection 2(1)(a) private fostering is exempt in a relative of the child is caring for a child. Also under secton 2(7) of the childrens act 1989 it states that when two parents have PR for a child either of those parent may act alone for the child.
In relation to the finance all evidence were correct and bonafine. That was another unreasonable grounds. The childs mother resides with her father (the childs maternal grandfather) he has over 100,000 pound of movabel capital and his bank statement going as far as last year confirms his and the mothers finance in Bangladesh. I declared from the UK me and my wife are happy to accomodate the mother during her visit and happy to pay for her cost of living. Me and my wife have good job and our income and savings evidnce were provided.
In my view the authorites in Bnagladesh has refused this mothers visa applicaiton on unlawful grounds. The mother has appealed and a review of the grounds of refusal were conducted at the visa section few days ago however they have confiremd they remain satisfied that the mother has not met the requirments fo the immigration rule paragraph 41 and upheld their decison. They think that the mothers intention is to settle in the UK. That is the state of mind of the Entry clearance manager. How is the mother suppose to express her state of mind!
I consider this is unlawful and the case should be taken to the high court in London instead to the First Tier Tribunal. I rang the First Tier Tribunal to find out how long it will take for an immigration judge to hear the evidence only to be informed it would take 6 to 12 months.
I am now considering what to do for my sister and her son. Any advise would be grateful.
