ILR Holder -settlement Visa for my child

Asali · Post by **Asali** » Mon Apr 18, 2011 10:29 am

Hi all,

Am glad to have come across this board.

My story, I got my ILR last year, thro spouse route.

Just separated from my husband, was due to get my citizenship sometime end of this year, not sure if i will still get it, or will have to wait for 3years after my ILR(5yrs)in total.

My question is: I earn Â£1500, got a 11 year old son whom i would like to bring over. What are the chances his settlement Visa being successful? Will my separation deduct chances of his settlement Visa. Am so worried.

Pls help
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Post by **Greenie** » Mon Apr 18, 2011 12:16 pm

Who is looking after your child now and where is the child's other parent?

Asali · Post by **Asali** » Mon Apr 18, 2011 9:34 pm

My Son is in a boarding school, during holiday goes to my parents home.

I have tried as much as I can to get evidences of Sole responsibility. I hope.

The grey area that is in question is whether Â£1500 is enough prove that i will be able to look after him?

Plse help

Asali · Post by **Asali** » Thu Apr 21, 2011 11:38 am

Hello Good people, pls pls could someone pls help/advise

Many thanks

Post by **Greenie** » Thu Apr 21, 2011 11:53 am

Asali wrote:My Son is in a boarding school, during holiday goes to my parents home.

I have tried as much as I can to get evidences of Sole responsibility. I hope.

The grey area that is in question is whether Â£1500 is enough prove that i will be able to look after him?

Plse help

Where is the child's father and does he/she have any involvment with the child's upbringing?

It's not just about how much you are earning it's about how much you have after rent and council tax (plus loan repayments if you have them) are deducted.

As a guide you need to have at least Â£67.50 per week as a single adult + Â£62.33 for each dependent child. (these are the income support rates from 11 April 2011 and are therefore the minimum the government says a person needs to live on after rent/council tax has been paid).

So basically by my calculations you need Â£129.83 per week or Â£562.59 per calendar month after rent/council tax and loan repayments if applicable have been deducted.

(Does anyone think that for a lone parent that the lone parent premium of Â£17.40 should be added?)

Asali · Post by **Asali** » Thu Apr 21, 2011 10:01 pm

Thanks Greenie for getting back.

I honestly dont know where the father is. Never seen him ever since it happened.

Sole responsibility tried as much as i can to gather all that i got. But again that really matters with the ECO coz you cant prove enough really. But done my best.

My rent is Â£700,
Bills about Â£200 in total.
And there is food expenses as well.
So my total expenditure in a month is Â£1100.

By the sounds of it I will need to take a few over times/shifts for the next maybe 2months to increase the Â£1500 to something like Â£1650 or even more.

Please correct me in my thinking

Many thanks

shahzad80 · Post by **shahzad80** » Thu Apr 21, 2011 11:40 pm

As a guide you need to have at least Â£67.50 per week as a single adult + Â£62.33 for each dependent child. (these are the income support rates from 11 April 2011 and are therefore the minimum the government says a person needs to live on after rent/council tax has been paid).

do you have link for these rates.I am looking for links but unsucessfull.

shahza

shahzad80 · Post by **shahzad80** » Thu Apr 21, 2011 11:43 pm

Asali wrote:Thanks Greenie for getting back.

I honestly dont know where the father is. Never seen him ever since it happened.

Sole responsibility tried as much as i can to gather all that i got. But again that really matters with the ECO coz you cant prove enough really. But done my best.

My rent is Â£700,
Bills about Â£200 in total.
And there is food expenses as well.
So my total expenditure in a month is Â£1100.

By the sounds of it I will need to take a few over times/shifts for the next maybe 2months to increase the Â£1500 to something like Â£1650 or even more.

Please correct me in my thinking

Many thanks

The main issue in this case is sole responsiblity and you are missing how you would satisfy this reqirement.

Can you get a court order from family courts of child resident that you have sole responsiblity...the issue of maintenance and accomodation comes next.

Shahzad

Post by **Greenie** » Fri Apr 22, 2011 9:37 am

Asali wrote:Thanks Greenie for getting back.

I honestly dont know where the father is. Never seen him ever since it happened.

Sole responsibility tried as much as i can to gather all that i got. But again that really matters with the ECO coz you cant prove enough really. But done my best.

My rent is Â£700,
Bills about Â£200 in total.
And there is food expenses as well.
So my total expenditure in a month is Â£1100.

By the sounds of it I will need to take a few over times/shifts for the next maybe 2months to increase the Â£1500 to something like Â£1650 or even more.

Please correct me in my thinking

Many thanks

how much is your council tax. It is only the council tax and rent that need to deducted not the other bills.

You haven't mentioned your accommodation? How many rooms do you have aside from Spam/bathroom etc

Post by **Greenie** » Fri Apr 22, 2011 9:41 am

shahzad80 wrote:
As a guide you need to have at least Â£67.50 per week as a single adult + Â£62.33 for each dependent child. (these are the income support rates from 11 April 2011 and are therefore the minimum the government says a person needs to live on after rent/council tax has been paid).
do you have link for these rates.I am looking for links but unsucessfull.

shahza

http://www.direct.gov.uk/en/Nl1/Newsroom/DG_193032

you need to download the pdf

Asali · Post by **Asali** » Thu Apr 28, 2011 11:07 am

Greenie

Thanks again for getting back.

The size of the flat: Two big bedroom, one bathroom and toilet, one open plan Spam.

I believe that is big enough to satisfy accomodation bit of it!!

As per what you have said my Rent and council tax is a total of 811Â£ so got about Â£700 remaining..is that ok?

Please advise
Asali

Post by **geriatrix** » Sat Oct 15, 2011 8:47 pm

Asali wrote:Hello all!

Am on ILR, husband is British by birth.

I have just applied for my daughters Settlement Visa on 3/10/11 in Nairobi Kenya. I was told the waiting time was anything upto 7/11/10. As it stands am on the nerve wrecking waiting period.

One thing that is giving me restless nights is: My husband just stopped working three days ago as an IT Contractor. I had submitted all his contract/work paper work. He was earning on a daily rate/wage but being paid on two weeks basis.As it were he is still expecting a salary end Oct as he was on two weeks notice. So technically still on payroll till end of Oct. I dont know where I stand:-( I do work as well but he earns more.

Will keep you all updated!

Asali · Post by **Asali** » Sun Oct 16, 2011 12:59 pm

@Sushdmehta..thanks for correcting me, but as it stand I would have thought those are two different subjects on the same heading.

My current situation is different from what the above heading reads. Am not separated anymore plus I have already applied so was asking for advise on different issue. Hence didnt want to confuse people.

Please correct me if am wrong on my thinking.

Back to the advise i was seeking, whats your advise on the subject@sushdmehta, John, Greanie, Jambo and anyone else...pls help

Post by **geriatrix** » Sun Oct 16, 2011 1:32 pm

You started your (new) topic with a link to this one, but did not disclose that you are no longer "not separated". I guess you started with a link because you thought that this topic was relevant and people may answer you more appropriately if they first read this!

That said, it helps people, who you are seeking answers from, to get the gist of the one's entire situation under one topic - than having to spend time and effort reading through scattered topics to assess one's circumstances before responding to queries.

Anyways, not being separated any more is a minor change that may have no relevance to your child's settlement application.

1. When granted settled status, it does not make a difference whether you are separated or not (unlike someone who is in the UK under a dependant / spouse visa). Unless divorced, you remain married.
2. As a settled person, you (can) sponsor your child(ren) on your own merit - with or without maintenance and/or accommodation support from your husband (or someone else) who, in turn, may or may not be living with you.

In a nutshell:
1. you are no longer separated from your husband (who is also not the father of the child(ren) in question).
2. Your daughter has applied, instead of your son.

Post by **geriatrix** » Sun Oct 16, 2011 1:48 pm

Asali wrote:One thing that is giving me restless nights is: My husband just stopped working three days ago as an IT Contractor. I had submitted all his contract/work paper work. He was earning on a daily rate/wage but being paid on two weeks basis.As it were he is still expecting a salary end Oct as he was on two weeks notice. So technically still on payroll till end of Oct. I dont know where I stand

So if UKBA were to enquire about your husband's employment status in November, will he be employed with the same or different employer, or will he be unemployed at that time? Also, does he work as a contractor as a director (and owner) of a limited company?

Asali wrote:I do work as well but he earns more.

Other than the quantum of earnings, is there any other reason(s) why you decided not to financially support your child's settlement application?

Asali · Post by **Asali** » Sun Oct 16, 2011 1:51 pm

@sushdmehta

Thanks for getting back to me, can I say am struggling to understand what you mean,could be its my fault didnt phrase the question I had clearly.

A while ago i read on this forum, if we/I am applying for a minor as a couple the person who is earning most should be the one filling in the Visa Application. In that case we thought it wise if my husband income is filled in the relevant pages, however we did add on the additional extra space in the Visa form, about my income etc.

This is the bit am worried about:-

My husband just stopped working three days ago as an IT Contractor. I had submitted all his contract/work paper work. I guess my worry is if they ring his company and he is not any more there...

I get that my husband is not my daughters father. But he is her step father. . yes i made a mistake its my daughter and not a son.

Asali · Post by **Asali** » Sun Oct 16, 2011 2:03 pm

@sushdmehta..that was quick..

The reason he filled in the application, as i said earlier, before we applied the application someone in this forum mentioned that the person earning more should be the one, the earnings should be filled in. However having said that, there is an extra page that says if there is anything extra that we would like to add in the form. In that page we did put in my earnings. Plus we enclosed both our payslips. In total 12payslips...

Answers to your question: He works under an umbrella company.
If UKBA rang in November he wont be there anymore.
In November he will have probably have picked up a different contract, so yes he will be working but in a different company.
I work yes.
He was on Â£450per day, I earn roughly Â£1500-1700pcm

Other than the above explanation there is no any other reason I didnt support the application

Post by **John** » Sun Oct 16, 2011 2:05 pm

Asali, as I see it, your main problem is not the financial or accommodation aspects, but is whether you have Sole Responsibility for your child. I think you need to concentrate on that aspect and show, for example, how often you see her, and who is it that decided which school she attends. Things like that.

Asali · Post by **Asali** » Sun Oct 16, 2011 2:26 pm

@John thanks for your advise:

This was an older post I had put in the past...posted about three/four months ago.

And I managed to gather all the information/things that you guys advised me on and submitted the paper work on the 3rd October. I posted a new post yesterday with a different question on a fresh/different heading, sushdmehta discontinued the link and advised me to continue on this link. So apologies if it is causing abit of confusion.

My question is: After I had submitted my daughters paperwork on 3rd Oct(last week),...sometime this week a complicated issue arose that forced my husband to discontinue his contract.

I had put his details/contract/earnings/payslips in the application. My biggest worry is what happens if ECO decides to ring the company my husband was working and he is not there any more. I guess he will have picked up another contract in two weeks time, as he already got a couple of interviews this week, but thats not the concern at the moment.

Your advise will be highly appreciated

Post by **geriatrix** » Sun Oct 16, 2011 2:46 pm

Where's the confusion ..... unless someone is bent on concentrating on the word "separated" in the subject title (which was and still is irrelevant to the application anyways) rather than the real issues at hand?

1. Your husband is not the biological father of your child. So, you have to prove "sole responsibility" for the child ... even if you are now no longer separated with your husband / step-father of the child in question but are now living with him.

2. If UKBA were to enquire about your husband's employment status in November and be told that he no longer works with the stated employer, then this may raise doubts in the mind of the ECO. That said, the fact that you have provided details and documentary evidence(s) of your own employment should help the ECO understand and take into consideration the fact that your child is not wholly relying on his step-father's sponsorship but also on his mother's - and the necessary documentary evidences to prove so have been provided.

Would a new topic have helped John and I (or anyone else) discover that "sole responsibility" is a crucial factor in your child's application - without having to read this topic first and then post the concerns / answers in the other topic? Please appreciate the fact that if it is suggested that you continue in a previous topic it is done so with an honest belief or opinion that doing so will help you get accurate responses to your (old and new queries) based on the circumstances described there-in.

So, do you have sole responsibility of your child? If not, what evidences have you provided in the application to support the claim of "sole responsibility"?

Post by **John** » Sun Oct 16, 2011 3:13 pm

I have edited the title of this topic, so that it does not mislead anyone reading this topic for the first time.

Asali · Post by **Asali** » Sun Oct 16, 2011 3:30 pm

@sushdmehta i clearly understand what you did, am not trying to correct you by any means, John asked a question relating to sole responsibilty.

When I was posting the post yesterday I had different worry hence I came searching for advise in the forum. I do respect your opinion:

You did what was best, very much appreciated.

Meanwhile will get the list things I submitted for sole responsibilty...

Below was my main worry as for the 3rd October Submission:

Asali wrote:
Hello all!

Am on ILR, husband is British by birth.

I have just applied for my daughters Settlement Visa on 3/10/11 in Nairobi Kenya. I was told the waiting time was anything upto 7/11/10. As it stands am on the nerve wrecking waiting period.

One thing that is giving me restless nights is: My husband just stopped working three days ago as an IT Contractor. I had submitted all his contract/work paper work. He was earning on a daily rate/wage but being paid on two weeks basis.As it were he is still expecting a salary end Oct as he was on two weeks notice. So technically still on payroll till end of Oct. I dont know where I stand:-( I do work as well but he earns more.

Will keep you all updated!

@John thanks for editing.

Post by **geriatrix** » Sun Oct 16, 2011 4:01 pm

If not yet read, see also SET7.8 What is sole responsibility?

Asali · Post by **Asali** » Mon Oct 17, 2011 10:48 am

@sushdmehta..thanks for the link however mymajor concern at the minute isnt sole responsibility..it was the question I had posted..

As per sole responsibility I had posted the question about three months ago and through the help I got in the forum I believe I gathered the much I could get my hands on. Plus the paperwork has already been submitted.

Many thanks for all the advise

Asali · Post by **Asali** » Wed Oct 26, 2011 9:27 pm

Hello all,

Wonna say a BIG THANK YOU for all your advises in the board.

My daughters ILE visa got granted on the 20/10/11..it was submitted on 3/10/11, in total took 13 working days.

Good luck every one else

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ILR Holder -settlement Visa for my child

ILR Holder -settlement Visa for my child