Proof of Custody

Hello everyone. Hope to can help with my question. Thanks in advance.

I plan to submit a settlement application (in Malaysia) for my wife and step-daughter to join me in the UK and my question is regarding proof of custody. Just to give you some background details:

My wife (Malaysian) and I (British by birth) married in the UK (in 1998) and she previously held Indefinite Leave to Remain, granted in 2000. This however lapsed since we have been absent from Britain for more than four years.

Our twin daughters (born in Malaysia) have been granted the Right of Abode in the UK (births also registered with the BHC).

My step-daughter (12 years of age this year) has only been to the UK as a tourist.

I realise when submitting a settlement application, my wife requires proof of custody for her child. Is a signed letter from her ex-husband granting such custody sufficient? Or must we go through court proceedings, which can often take several years out here (so far we've been waiting three years for a court date) for something rather more formal?

Appreciate your time.

Kindest regards and thanks

Others may be aware of Entry clearance Officers exercising some discretion over the custody question but I fear that para 14.5 of "Diplomatic Service Procedures" (= ECO staff instructions) looks quite firm on it -

...If the parents' marriage / civil partnership has been dissolved, one of the parents must have been awarded legal custody, which includes assumption of responsibility for the child. (You should take care to ensure that the issue of a settlement entry clearance to the child will not contravene the terms of the custody order.)...

You can check it out for yourself on this page of the UKVisas website.

ppron747 wrote:Others may be aware of Entry clearance Officers exercising some discretion over the custody question but I fear that para 14.5 of "Diplomatic Service Procedures" (= ECO staff instructions) looks quite firm on it -

...If the parents' marriage / civil partnership has been dissolved, one of the parents must have been awarded legal custody, which includes assumption of responsibility for the child. (You should take care to ensure that the issue of a settlement entry clearance to the child will not contravene the terms of the custody order.)...

You can check it out for yourself on this page of the UKVisas website.

Maybe I'm missing something here, but it appears that the children in this case are British citizens and don't need entry clearance - only the spouse does.

JAJ wrote:Maybe I'm missing something here, but it appears that the children in this case are British citizens and don't need entry clearance - only the spouse does.

The twins are BCs, but have Certificates of Entitlement to ROA instead of BC passports, to protect their Malaysian citizenship.
The 12-year old is Mrs Britishasian's daughter by her previous marriage, which I take it was not to a BC - I think OP would have mentioned it. I'm assuming she's a Malaysian, living in Malaysia at the moment.

Thank you very much ppron747 for your help. Yes you are correct and I'm sorry I did not make this clear in my original post.

My step-daughter is indeed a Malaysian citizen currently living in Malaysia.

Britishasian, in which case, as already said in this topic, your wife needs proof that she has Sole Custody of her daughter. She can do that either by producing the death certificate of the other natural parent, or alternatively a Court Order or some other legal certificate showing that she has Sole Custody.

You might like to check this out with the BHC in Malaysia as to their exact requirements here. They will have seen hundreds or thousands of previous applications for Child Settlement Visas. They will have knowledge of the local legal system there in Malaysia and so will be in a position of saying what is, or is not, acceptable to them.

Incidentally, the application for your wife, who previously had ILR? You are applying on form VAF1 for her to be treated as a "returning resident"?