Absent Father of child applying to join settled mother

[grace29]

Hello, I am a long time lurker and first time to post a question. I have tried to use the search bar and did not find a topic quite like this.

1. I am applying for ILR now (from Tier 2 Skilled Worker) - pretty straightforward and no issues. Waiting to get a decision and hopefully have my ILR by the end of this month.

2. I have a 7 year old child born abroad and living abroad. I have full responsibility and custody with a special power of attorney designating my parents as legal guardians of my son in my home country in my absence. I am hoping for my son to join me in the UK as my father has now passed away and my mother is quite elderly and has become frail since.

3. Once my ILR is granted, can I apply for his settlement visa straightaway even though I don't intend for him to come until June 2022? I would fly him here sooner but this allows him time to finish his current year at school there and he should be able to come here as soon as classes end for him (around mid-June). It is a pretty straightforward case I think as I've got all necessary paperwork ready, but I thought I would apply early just in case there would be any issues or delays in visa processing (I've seen some people wait more than 90+ WD!). Or am I only allowed to apply for him 90 days before the intended flight date (as they require for other types of visas, like tourist visas)?

4. Does the ILE vignette sticker serve the same purpose as the entry clearance sticker (for, say, dependents or migrant workers - that expire 30 or 90 days after issue) because I've seen posts where it says the vignette sticker expiry date is in line with the (foreign) passport expiry date. So am I correct to assume that it does not matter when the flight is as long as it's after the validity start date of the ILE?

Thank you all so much for all your input. Hoping to hear from you guys soon.

[zimba]

You must prove you have sole responsibility for your son to apply for ILE. Sole responsibility is not the same as sole custody. It has a more comprehensive definition as per rules.

Entry clearance stickers issued are often only valid for a month to enable entry as you must collect the BRP after arrival however this may not be the case for ILE. The UKVI says the expiry of such visa should match the passport's validity:

Although indefinite leave, by definition, will not expire, the ECO is unable to issue a visa to those who meet the criteria for ILE without putting a ‘validity date’ on the visa. In cases of ILE the ‘validity date’ on the visa should match the expiry date on the passport. When the applicant gets a new passport, they can apply to UK Border Agency for a transfer of conditions into their new passport. They do not need to apply for Indefinite Leave to Remain (ILR).

https://www.gov.uk/government/publicati ... remain-ilr

[grace29]

Hello again!

I have ILR. I am applying for my child (age 7, turning 8 this year) to join me in the UK as a non British child of a settled person. I am looking for advice regarding filling out the forms online.

Apologies in advance for the lengthy novel!

Scenario: My child's father and I were never married, but when my child was born, it was my child's father that filled out the birth certificate. He had acknowledged paternity of our child but he had put in a different identity of himself on child's birth certificate than what we knew him as back then (basically a different name/date of birth/nationality). He is not the same nationality as myself and my child. He is not a resident of my home country and was only there visiting.

I was not there for the filing of the birth certificate and my signature or consent does not appear in the paperwork at all. However, this is still a valid document in my home country.

Due to multiple factors, this birth certificate was not available to us until 3 years later (was always not available when requested from the national statistics office before then - they claimed the delay was normal due to my child being born in a far away provincial town). I have been told that disputing this would be a very long, arduous process - and there was actually no clear pathways in my country to change this information. Also by then, I had moved to the UK to work and had left the care of my child to my parents.

My child's father has never been seen or heard from in almost 7 years (disappeared after the birth) and due to the conflicting/deceptive/fictitious nature of my child's father's identity, I was never able to find him. No contact or support was ever initiated by him. All known contact details turned out to be fake. My child does not remember him at all. In my home country's laws, I have responsibility fully, legally and solely of my child as he is born illegitimate (even though he is acknowledged). However, my child carries the surname of the father. I have a Special Power of Attorney delegating my mother as legal guardian acting on my behalf while I have been in the UK, although all decisions about my child is made by me.

Question: In the application for my child to join me, it is asking for the information of the other parent. Should I leave it blank, and make a cover letter to address this? Or will that be considered deception - as they will clearly see on the birth certificate the information of the other parent? Should I put in the information of the other parent as it appears on my child's birth certificate and then make a cover letter to address this?

Ah, what a mess!

Thank you so much for all your help, everyone.

[manci]

Moderators
please merge this post with the OP's other post on the same subject where @Zimba and @vinny provided some relevant information:
indefinite-leave-to-remain/how-soon-can ... l#p2039920

[CR001]

Moderators
please merge this post with the OP's other post on the same subject where @Zimba and @vinny provided some relevant information:
indefinite-leave-to-remain/how-soon-can ... l#p2039920

Merged.

[grace29]

Thanks for connecting the topics! Sorry, trying to get the hang of the site (from just lurking too long)