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Sole responsibility

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vinny
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Sole responsibility

Post by vinny » Fri Jul 15, 2016 2:09 am

Immigration Rules:

A277, A280(b),
297(i) wrote:(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
May also apply to

319H(f) and 319J(e).

E-ECC.1.6(b) or (c)
E-LTRC.1.6(b) or (c)
(a) the applicant’s parent’s partner under Appendix FM is also a parent of the applicant;or
(b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.
197 wrote:(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
Guidance and Caselaws:

See also SET7.8 What is sole responsibility? and Annex M - General guidance part 1 & part 2 - guidance on interpretation of the rules > 4. SOLE RESPONSIBILITY - PARAGRAPHS 297(i)(e), 298(i)(c) & 301(i)(b) and TD (Paragraph 297(i)(e): sole responsibility) Yemen [2006] UKAIT 00049 and NA (Bangladesh) & Ors v Secretary of State for the Home Department [2007] EWCA Civ 128 (24 January 2007)
The best interests of children living outside the United Kingdom.
Family life as a parent: the new rules
Sole responsibility and exclusion undesirable > Mundeba (s.55 and para 297(i) (f)) Democratic Republic of Congo [2013] UKUT 88 (IAC) (26 February 2013)
Scottish judge: discrimination based on immigration status unlawful > DN AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

Children Route Applications Under the Immigration Rules : Part 8 Of The Rules Largely Preserved

Example.

Also helpful advice:
sarahsmith wrote:I recently assisted a client to make a successful settlement application for her child based on sole responsibility. She got the father to write a statement confirming that he had no involvement with the child and that she had raised her daughter by herself. She also obtained letters from her child’s school and church pastor to the same effect and from other family members. You could also get a letter from her doctor to confirm that all the child’s medical appointments have been carried out with only the mother?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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