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Single mother seeking dependant work permit for 4 month old

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funnykangaroo
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Single mother seeking dependant work permit for 4 month old

Post by funnykangaroo » Tue Apr 29, 2008 7:09 pm

Hi, I am a single mother who has been granted a work permit. I applied for a visa for my 4 month old daughter, as a dependant but it was rejected on the basis that her father was not joining us, and that I did not provide sufficient proof that her upbringing was my sole responsibility, and that I had provided sufficient evidence to support her in the UK. Her father originally consented to the visa being granted, but his consent was simply signed and not notorized.

Please advise me what documents I need to submit to ensure my daughter is granted a visa.

Thanks for your assistance.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Apr 29, 2008 7:21 pm

Where are you located? In which country is the father?

funnykangaroo
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based in the US

Post by funnykangaroo » Tue Apr 29, 2008 7:26 pm

Directive/2004/38/EC wrote:Where are you located? In which country is the father?
I'm based in the US. I lodged the application in New York. The father is also here.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Tue Apr 29, 2008 8:43 pm

but it was rejected on the basis that her father was not joining us, and that I did not provide sufficient proof that her upbringing was my sole responsibility, and that I had provided sufficient evidence to support her in the UK
Can you ask them what evidence they need? Definitely a notorized document from the father.

What is the last point? That you had NOT provided sufficient evidence of your ability to support her in the UK? Did you provide bank statements and evidence of how much you would be earning in the UK?

funnykangaroo
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Post by funnykangaroo » Tue Apr 29, 2008 10:02 pm

Who do I ask the question of evidence to? No one at the embassy will talk to me. I rang the advice line where you pay for their advice. They were absolutely useless and ended up hanging up on me!

They had 2 issues: 1. That I had nothing to show my daughter had been and will continue to be my sole responsibility. I don't have a custody document as I'm not divorced, and it is simply by agreement between her father and I that I care for our daughter.

I provided bank statements, showing that I have $275,000 in the bank in my name. My job offer is a Managing Director position in the UK for £250000 + bonuses...this is clearly detailed in the Work Permit that was granted to me.

What more do I need to do?

chibage
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Post by chibage » Wed Apr 30, 2008 8:38 pm

funkykangaroo Hi, not sure about the law in the states. I would suggest you went to a court with yr husband for him to sign over legal custody to you. If he agrees to do this the document the courts give you will be sufficient to show you have sole or full custody. Regarding the financial issue i would think that your bank statements, contract from employer should be sufficient. Im no professional so this is just a suggestion. Hope it works for you.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed Apr 30, 2008 9:04 pm

chibage wrote:funkykangaroo Hi, not sure about the law in the states. I would suggest you went to a court with yr husband for him to sign over legal custody to you. If he agrees to do this the document the courts give you will be sufficient to show you have sole or full custody. Regarding the financial issue i would think that your bank statements, contract from employer should be sufficient. Im no professional so this is just a suggestion. Hope it works for you.
I agree with this!

jei2
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Post by jei2 » Thu May 01, 2008 10:42 am

Sole responsibility can be hell to prove if there's another parent who is physically able to look after the child. Whether or not they're willing to do so is irrelevant.

And ability to provide financially is only one of the factors the ECO will consider.

Having said this, it's highly unlikely that in the past 4 months you would have needed to make any major decisions on your daughter's education, health, and/or social welfare. Unless it was about which one of her parents was going to breast feed. Point this out (no pun intended) to them.

Get that custody order sorted out and you shouldn't have any problems. There is case law that would be on your side.

Again accommodation shouldn't be a factor due to your baby's age, but some ECOs can be extraordinarily difficult so try to provide those details as well.
Oh, the drama...!

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