Tier 2 General- dependent child

[newlyreg]

Hello,
My friend has got her CoS from a A-listed company for Tier2 General visa. She also wants to take her 7 year old daughter along. Her marital status is separated but not legally divorced yet. She is the custodian of the child for the past 6 years since marital separation. What would be the documents that the visa process would require for the child? Any advice with a good legal stand point is welcome! Thank you

[vinny]

See also Family members and Sole responsibility.

[newlyreg]

Thanks Vinny for the 'sole responsibility' para. I figure its almost impossible!

Normally, when a child applies to join a parent who is also the sponsor to the UK, does the govt mandate that there should be official acceptance letter from both the parents? Or can only the sponsoring parent suffice? Or is the visa process silent on this?

[vinny]

If she is custodian of the child for the past 6 years, then it should be easy for her to show that she has sole responsibility for her child. She should show that she makes all the decisions for her child. The other parent consent shouldn't be needed unless he has joint responsibility.

[newlyreg]

We are clueless on this especially given the fact that there is no legal case pending or any court order for custody of the child or marital status. If once goes strictly by paper proof, then the marriage exists and there is no single parent given custody nor custody denied to the other. That is why back to my question again Vinny, normally when one enters the marital status of main applicant as married and the child also applies to travel along with, is it mandatory:
1. To give any acceptance letter from both the parents of the child?
2. Passport details of both the parents(including the one who is not applying)
3. Signature of any sort from the other parent
This question is mainly in the event that there is no or very little chance that the other parent will challenge, since we dont know his whereabouts.

[vinny]

I believe that the mother shouldn't require anything from the child's father, if she has sole responsibility for her child. If the father needs to give his acceptance, then this may imply that he has some responsibility for her child.

[newlyreg]

Hmm ok, so under normal applications, both parents' acceptance isnt needed in writing to be submitted for the process?

[vinny]

Without sole responsibility, she may show that child's exclusion is undesirable.

[vinny]

Under normal circumstances, both parents would be going to the UK with their child.

[newlyreg]

[newlyreg]

OK. I read through the desired documents section, and there doesnt seem to be a list of documents that needs to be submitted for proof towards sole responsibility or towards exclusion undesirable. How can one establish either of them for the child?

[vinny]

I haven't seen any specific official list of documents for establishing sole responsibility. However, SET7.8 sets out a list of factors to be considered. You should also see the judgments in my earlier link.

[newlyreg]

Hmm, probably out of your experience in UK visas, what documents do you think can be submitted for both sole responsibility & child's exclusion undesirable? Or is there any government visa agency who can help my friend with this?

[vinny]

I'm afraid that I can't add much more than the documents that I've already linked to. If you require more professional help, then see also see also Any good law firm recommendation?