Sons from USA refused immigration visa

I am american and have had ILR for several years and am married to UK national.
My sons had stayed in the US with their dad (they lived with me until I moved to the UK) because before then we had been moving around canada because of husband's work, and it was hard on them socially and with school.
We decided it best that they continue education in the states and every holiday they came back to me, in the UK. This gave them the most stability although it was hard on me, I miss them every minute of the day.
I want to bring them over to live now as it seems husband will not be transferred away.. but when i applied, immigration said the boys had been too long the sole responsibility of their dad and refused their visa today.

I'm devastated! I had spoken on the phone to UK immigration info services over the years about the best way to do this, and when I explained my situation and my worry over their education being disrupted, they advised me to apply closer to when they were done with their education but before they were 18, and gave me no indication that the longer I waited the less likely it was that I could bring them over!

I plan to appeal, but was wondering if anyone else had a situation where immigration would not let a mother be with her children!
The eldest will be 18 at the end of the month, and his brother is nearly 17... I know they are teenagers, but they are still my children and i want them to be with me. Their dad in the states is 100 percent wanting this to happen.
any advice? I think I need a lawyer... but am afraid of more failure and the cost...

See also CHAPTER 14 Settlement entry for children including
14.3 - Children of parent(s) or a relative settled (or to be admitted for settlement) in the United Kingdom and how they qualify and
14.5 - "Sole responsibility" and
14.14 - Children over 18 years and how they qualify and
14.20 - Children who become 18 before a decision is reached, etc. and

Settlement Visa For A Dependent Child and
TD (Paragraph 297(i)(e): "sole responsibility") Yemen [2006] UKAIT 00049.

thier father has had sole responsility for them, for at least the last 3 years..

i got my stepson to the uk just b4 he was 18, i supplied a letter from his father stating he had not supported him in anyway, i was financially responsible for him, and proved it with money transfers to his aunt.

i applied for ILR for my wife and stepson at the same time, thou he was over 18 now, but i showed he was still dependent on me and his mother. both were granted ILR, and he had only been in the uk 5 months..

your problem is that they are not your dependents, they are their fathers, and also once 18 its more difficult, maybe you could have got a aunt ? or another relative to look after them, instead of the father, but they could have still refused it on the same grounds, you need to show evidence you have been supporting them.

Is there a change in circumstances which means that their father can no longer support them? If not, it is going to be almost impossible, as they do not allow parents to pick and choose years after the event who they want to be responsible.

Victoria

Thanks for your answers, I really appreciate it.

We have been jointly responsible for the children, as I said, it was primarily to keep their course straight in education and they came to live with me as soon as school was out and went back just before it was in sesssion again.

Also, does it help at all that I have court documents that say that full physical custody of the children is mine and that the children are to reside with me? This is what my divorce papers said, and that it can only be changed by writing in court of law. Since there hasn't been any acrimony between their dad and me, I've never used this document to strongarm him in any way, but could it help with their immigration?

Wondering if I should have remembered this when I applied, but could it be useful to appeal??
Desperate, want my sons to live by me.

Yes, it would certainly be helpful in the appeal.

Will they continue with education in the UK at all?

Victoria

Most certainly they will continue their education, but I was afraid of making too much of that on the application as I don't want UK immigration to think that is why they are coming over. Would that have helped?? They are both honor students and doing very well...

I thought the transition between high school and uni would be easier than middle school to high school regarding their immigration so I waited. I should have just gotten them back as soon as we were settled and moved in, but I worried about moving so much... just figures once I decide to let them school in the US, that we stay settled in the UK for a while...!

I just want them back home!

If they are going to continue their education it means they can remain dependent on you, which they couldn't if they were going to start work.

Victoria

ahhhhhh.
I see.
That could have helped me could it?? It seems I've done everything wrong.

I especially see that I should have gotten real immigration advice when I was doing research, instead of relying on everythign the UK immigration info line people told me...

Well, I am hoping to acquire an immigration lawyer to help so I am desperately hoping that will help.

my last ditch resort will be to apply for student visas, then shell out the money for foreign student fees but it will be worth it if I can have them.

heral wrote:my last ditch resort will be to apply for student visas, then shell out the money for foreign student fees but it will be worth it if I can have them.

See also Tuition fees: will I pay the ‘home’ or ‘overseas’ rate?

heral wrote:ahhhhhh.
I see.
That could have helped me could it?? It seems I've done everything wrong.

I especially see that I should have gotten real immigration advice when I was doing research, instead of relying on everythign the UK immigration info line people told me...

Well, I am hoping to acquire an immigration lawyer to help so I am desperately hoping that will help.

my last ditch resort will be to apply for student visas, then shell out the money for foreign student fees but it will be worth it if I can have them.

For public school?

As a note on the foreign student fees....just to let you know that they would still be classified as International students even at university (in the UK), as they would not have been resident in the EEA for the three years preceding their enrolment date.

Were they planning on studying in the US, perchance?

Sorry to complicate matters, but it's important to find out what they plan to do once they are 18.

I am happy to assist you with the application or appeal if you would like to e-mail me.

victoria.sharkey@medivisas.com

Victoria