Include child in application?

[maka1981]

Any help would be appreciated.
I am married to a British citizen and going to my home country to make an EC application (spouse visa) in Africa.
Thanks to this forum, we have hopefully gathered all the evidence we need and we are all set.

Just have a few questions:

1.Will the BHC accept the original passport rather than copies?

I have a child with my ex who is from my home country, but have had full responsibility of the child since birth and he has lived here with me since birth. My husband intends to adopt him. Child won't be travelling with me.

2. Should I include him on the application or not?

3. Do I also need to write a letter , to include in the application?

Thanks for your time.

[John]

Using your numbering :-

1. Whose passport? Yours? They need to see the passport, not a copy. Your husband's passport? If he is not travelling with you do not take his passport with you. Instead get a certified copy of the name/pic page, and any other page that might be relevant.
2. What is the child's current UK immigration status? Indeed, what is your current UK immigration status? In any case you cannot include him on your application, but you might need to apply for a Child Settlement visa for him. Separate VAF2 application form.
3. Both you and your husband should write letters and use those letters to get over facts that would not otherwise have come out on the application form or the other evidence.

As regards the child, do you have Sole Custody?

[maka1981]

1. yes meant his passport

2.Due to lost documents and other problems, I overstayed so child has no status really. Would it be an in-country or out of country application, for the child?

I was never married to the father, so no custody agreements and he is not included on the birth certificate.

Thank you.

[Smit]

How old is your child? If your husband adopts, him, the child may be entitled to registration as a British Citizen which may be done from the UK. You need to get legal advice on this.

If the adoption route is not taken, the child will have to travel with you home, you cannot make an application for him whilst he is in the UK.

[John]

Maka, as regards the comment from Smit about adoption, yes it would be possible to go down that route but it would be expensive. Your Local Authority will charges thousands of pounds to provide the necessary reports needed by the Court.

As already said, do not take your husband's passport with you. A certified copy will suffice. But as stated above, do take your child with you. A form VAF2 should be submitted for your spouse visa application, and a further such form submitted to get your son a Child Settlement visa. Do appreciate that each such application costs £500, or rather roughly that amount payable in local currency.

By the way, where will the applications be made? In which country?

[maka1981]

I can't take him as I am afraid I will face problems with me ex and his family. I have a letter of conset from him saying he does not object to my husband adopting the child.

Would this be possible-:
-make my application from Africa, on my own.
-when that's sorted, come back to UK and go thruogh the adoption and he would take on my husband's nationality (British) or
-make an application for him under the 7yr rule then adoption later on.

Started the adoption thing and the only problem social services had, was my immigration status not his.

Thank you

[maka1981]

With regards to step-parent adoption, it does not cost that much.
Just the court costs which are under £300 last time I checked.
There are no other costs involved.
We were well into it till they decided that my lack of status amounted to an unstable family but they would proceed once my immigation issues were sorted.
We don't want to spend money applying for him when all that will not be needed when my husband adopts him.
Child is six years old, born here and never left the country.

thanks agin

[John]

How old is the child? Which country will you be applying in? And why do your ex or his family even need to know you are back in your country? And do you know how expensive the council reports will be as regards adoption? It varies from one place to another. I think Birmingham charge £3500, Manchester £5200, etc etc..

Edit : I have just seen your message. You are saying your Council charges nothing for the reports?

[maka1981]

No they do not charge cos they are assessing my husband (british) only,as he is the only adopter, not me.

[John]

Well I have concerns about that! Surely you and your husband need to be joint adopters .... otherwise you will have no parental rights to the child you gave birth to.

Still you do not answer questions!

[maka1981]

The law changed last year and only the step parent needs to adopt.
Child is six.
My family live in the same neighbourhood as my ex.
There are no extra charges by council

Child Care Handbook Jan/2006

1.Under the Adoption and Children Actstep parents can now make a single application to adopt the birth child of their partner (married or unmarried) with whom they have and enduring relationship.

2.This single application will result in the applicant becoming the adoptive parent and it does not affect their partner's status or PR.