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Sole responcibility

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Darzah
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Joined: Tue Aug 12, 2014 3:28 pm

Sole responcibility

Post by Darzah » Tue Aug 12, 2014 3:41 pm

Hi,
I and my daughter (8 years old) from previous marriage are going to apply for settlement visas to join my husband and 2 other children, who are all British, in the UK.
We are applying from Russia where we all have been living for the last 3 years.
As I understand I need to prove the sole responsibility for my daughter.

I have the following:
1. Official civil court document confirming that I had been divorced and have not lived with my former husband since 2005.
2. Statement from the child's father saying that he has not provided any financial support since child's birth and that he is happy for a child to emigrate from Russia to the UK.
3. Letter from the school confirming that my daughter has been attending this for 3 years and this is within the catchment are of our current address.
4. My statement confirming that since 2011 my husband had full financial responsibility for our family as I have been on 2 maternity leaves.

Would this be sufficient? Do I need to provide anything else?

Thanks!

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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United Kingdom

Re: Sole responcibility

Post by Amber » Tue Aug 12, 2014 3:45 pm

The following factors should be considered in assessing sole responsibility:

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). Annex 1 contains a list of those countries whose custody orders can be recognised as valid in UK.
Does the marriage / civil partnership subsist, but the parents do not live together?
Are the parents married / in a civil partnership?
If the parent migrated to the UK:
how long has the parent been separated from the child ?
what were the arrangements for the care of the child before and after the parent migrated ?
what has been/what is the parent's relationship with the child?
By whom, and in what proportions, is the cost of the child's maintenance borne?
Who takes the important decisions about the child's upbringing, for example where the child lives, the choice of school, religious practice etc?
**this forum is not intended to be a substitute for professional advice**
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Darzah
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Posts: 3
Joined: Tue Aug 12, 2014 3:28 pm

Re: Sole responcibility

Post by Darzah » Wed Aug 13, 2014 8:12 am

Amber wrote:The following factors should be considered in assessing sole responsibility:

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). Annex 1 contains a list of those countries whose custody orders can be recognised as valid in UK.
Does the marriage / civil partnership subsist, but the parents do not live together?
Are the parents married / in a civil partnership?
If the parent migrated to the UK:
how long has the parent been separated from the child ?
what were the arrangements for the care of the child before and after the parent migrated ?
what has been/what is the parent's relationship with the child?
By whom, and in what proportions, is the cost of the child's maintenance borne?
Who takes the important decisions about the child's upbringing, for example where the child lives, the choice of school, religious practice etc?
Amber, thanks a lot for such a detailed reply.
Russia is not on the list whose custody is recognized in UK.
In reality I have had sole responsibility for the child since birth. My only question what form of evidence would be sufficient to answer above questions?
I can get statements from our neighbors and as I said from the school and child's GP.

Could you recommend anything else?

Thanks!
Daria

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Sole responcibility

Post by Obie » Wed Aug 13, 2014 9:22 am

Well you will not qualify under sole responsibility as you are in a relationship with the father of the British Children, unless you àre applying under the partner route and enquiring how the 8 year old from previous marriage can qualify.
Smooth seas do not make skilful sailors

Darzah
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Posts: 3
Joined: Tue Aug 12, 2014 3:28 pm

Re: Sole responcibility

Post by Darzah » Wed Aug 13, 2014 11:42 am

Obie wrote:Well you will not qualify under sole responsibility as you are in a relationship with the father of the British Children, unless you àre applying under the partner route and enquiring how the 8 year old from previous marriage can qualify.
Sorry for the confusion.
Yes I will be applying for spouse visa.
From what I understand I still need to prove the sole responsibility for the child from previous marriage.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Sole responcibility

Post by Obie » Wed Aug 13, 2014 11:55 am

That should be alright then, provided your husband is earning £22,400, and you are able to provide evidence that you are the sole carer, or get letter from the father consenting to the child being taken to the UK .
Smooth seas do not make skilful sailors

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