Chucunchaca wrote:Hello everyone,
After 2 successful applications for family visitors visas over the last 2 years, my partner and her son's application for settlement were denied. I have many questions but 4 that really cause loss of sleep are the following:
1. I thought "sole responsibility" would be difficult to prove with documents but nevertheless obvious on the face of the application. I mentioned in the Sponsor's letter that I was entirely responsible financially, but as I did not specifically address that issue, will I be able to provide new evidence in the hearing?
2. Does the fact that family visas have been deemed appropriate twice not negate the need for me to prove our relationship again?
3. Have their chances of traveling on visitors visas in the interim been completely ruined?
4. How long is this process likely to take?
Any views gratefully received.
1. You will be able to provide new evidence since there will not be new matters arising since the evidence will only refer to the fact you relied on during the application, namely the fact that you are solely responsible for your partner's child. So you will in effect be sheding more light at the circumstances existing at the time of the application. This is acceptable in law. I should warn though that the threshold for proving this sole responsibility is quite high when it comes to children with the other parent in their home country. If both parent will be coming to the UK, then that makes it easier. From your post it seems you are not the father of the child. So the whereabouts of the child's father and why he is not part of his life will be relevant here.
2.You have to proof everything in issue again. any evidence, photos, phone bills, skyoe printouts pictures etc that points to the fact that the relationship is subsisting.
3.To obtain future visitors visas will most likely be difficult because the ECO will rightly presume that their intention is not to leave the UK at the end of a visitor visa as indicated by thier intention in applying for a settlement visa.
4.The appeal process as a whole may take anything from say, 3 months to 8 months depending on how busy the Tribunalis at the time of your appeal.
Good luck mate.
