How to prove sole responsibility

Hi,

I have been living in uk in tier 2 visa for last four years. I am divorced (4 years back) and my son (10 years old) has been living with my parents in India for the last 4 years. I have applied for my son's visa as a dependent 3 years back claiming sole responsibility and it was refused stating that no legal documents to prove sole responsibility. My son has been looked after my parents and me since he was born and has never seen his father. He has never contributed anything in my son's upbringing neither financially not emotionally. I am looking to apply for his visa once again. But I am confused what documents should I provide to prove sole responsibility.
Last time when I applied I have attached the following documents,
1. Phone / Skype chat records
2. Bank statements showing money transfers to my dad's account
3. Photos of my son with me and my parents on various occasions
4. Divorce statement. Unfortunately this does not mention anything about child's custody. I dont have a legal custody order as this was not under the court's power which obviously had power to dissolve the marriage (still can't believe it).
5. Letter from the applicant's grand father (my father) stating that my son has been living with them.
6. School records and letter from the school saying my father attends all the school meetings and the school records are sent to my parent's home address.
7. A letter from our family doctor saying my son's immunisation and hospital visits are taken care by my parents.

Do I need to get an order from the court saying I have the sole responsibility? Or should I go for a legal custody order. I am now confused how to prove sole responsibility to the immigration officer even though that is obviously the case.

It would be really great if someone could advise me on this.

Do I need to get an order from the court saying I have the sole responsibility? Or should I go for a legal custody order.

Presumably the father is named on the birth certificate and was born out of your marriage?? You need a legal document to prove you have sole responsibility. If you need permission from the childs father to bring him, then you do not have sole responsibility. It is harder under the PBS rules to bring children on their own when there is another parent.

I am now confused how to prove sole responsibility to the immigration officer even though that is obviously the case.

immigration-for-family-members/sole-res ... 13087.html

Thank you very much for the reply.

Yes, his name is on the birth certificate.

What kind of legal document should I provide? a court order? Do courts provide letter/order saying that a parent has sole responsibility?

From your reply, I understand that legal custody would not be enough to demonstrate sole responsibility. Is my understanding correct?

Thanks

Likely the childs parent would need to legally relinquish parental responsibility through the courts.

If you have sole custody granted by the courts, you might stand a chance, particularly for a child settlement visa once you have ILR. PBS route is difficult when it comes to children with other parents.

Thanks for the reply again.

As I will be getting my ILR in next 8 months, I am considering the child settlement visa as well. Could I please ask you why and what is different in settlement visa which may not be acceptable in PBS.

What are the documents I need for child settlement visa?

Filing and winning a case in a court in india to terminate the parental responsibilities of a father will be nearly impossible I would say. And, the father, he would not even mind to do it voluntarily. I am really worried now.

Hi
I am in the same situation so thought of messaging you.
If you don’t mind you can private message me.
Best wishes

champpan wrote: ↑

Fri Aug 23, 2019 8:54 am

Hi
I am in the same situation so thought of messaging you.
If you don’t mind you can private message me.
Best wishes

The user doesn't have PM access as a newly registered user.

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