Post
by kikijon1 » Thu Dec 01, 2011 5:45 pm
We will have to go on the strong family ties rather than material ties, after all houses can be bought and sold, bank accounts opened and closed, jobs changed, but family ties.. I know what ties me to the UK is my family, as for the house, bank account and job, well as our intention is to settle in the UK together buying a house in Indonesia is not a priority and my wife is looking after our 5 month old, so unable to work yet. I already got fined £50 by the education authority when I took our daughter on a recent visit to Indonesia to see her mum, and I need to work which means we cant return until next July! and under unmarried partners visa breaks of up to 6 month are permitted, but the visitor category should be used. (However where a couple have been living together
in a committed relationship for the preceding 2 year period, barring short breaks, but
have been dividing their time between countries (for example, by using the "visitor"
category), this will be sufficient to meet the requirement.)
Also regarding our daughter I found this.. section 11 of the 2004 Act (section 28 in Wales) and in Working Together to Safeguard Children4 as: protecting children from maltreatment; preventing impairment of children’s health or development (where health means ‘physical or mental health’ and development means ‘physical, intellectual, emotional, social or behavioural development’)
I also found the following quote made by an IJ in a tribunal case ... the inter-dependent bonds between spouses or stable partners and between parents and children with particular strength being placed upon the interests and welfare of minor children. It is not normal for family life to be enjoyed by correspondence and occasional visits) If the ECO were to refuse then this would mean it would be some time before my daughter can visit her mum again, we used to go every few month's to Indonesia but now due to job commitment and educational commitments are unable to do so, therefore regular visits would become occasional due to the ECO refusing the visa.