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Child Under 18 Born Outside UK

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ablie2002
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Child Under 18 Born Outside UK

Post by ablie2002 » Sat Aug 03, 2019 9:06 am

Hello everyone,

I have ILR, My wife is a British Citizen. I have a child from my previous marriage back in Africa and we had a child who is under 18 years. I want to bring the child to UK. I already got a Custody Certificate from the court and has all the relationship requirement such as phone calls, WhatsApp messages, emails and photos. The mother also wrote a parental consent. My wife in uk also wrote a support letter to the application.

My question is: Which form should I used for this application? if possible a link will be appreciated. Which appendix (s) do I need to fill out? Any other advice will be highly appreciated.

Ablie

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CR001
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Re: Child Under 18 Born Outside UK

Post by CR001 » Sat Aug 03, 2019 9:15 am

How old is the child from previous marriage?

You need to prove sole responsibility. If you need the other parents consent, you likely do not have sole responsibility.

immigration-for-family-members/sole-res ... 13087.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ablie2002
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Re: Child Under 18 Born Outside UK

Post by ablie2002 » Sat Aug 03, 2019 9:32 am

The child is born October 2002 and I divorce the mum in 2006. When I was coming to UK I gave the child to the mum. I have sole responsibility of the child as I got custody Certificate from the Children Court in my country. The mother wrote the consent letter to the court explaining that she is not contesting the custody and that I have the sole responsibility of the child. A certificate of custody was issued to me on the 15th July 2019.

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Re: Child Under 18 Born Outside UK

Post by AmazonianX » Sat Aug 03, 2019 9:40 am

Dear Ablie,

If you have Custody Documents from court introducing Letter of Consent from the mother will complicate matters in my opinion.
Let's await the views of people with more superior knowledge in this matters on this point.

ablie2002
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Re: Child Under 18 Born Outside UK

Post by ablie2002 » Sat Aug 03, 2019 9:49 am

She was ask to prepare a Consent letter by the Social Welfare department as the mother of the child, even though they are aware of the is under my care. but I don't need the consent letter anymore because I have the custody certificate. I was wondering if I could include the consent letter in my application. The consent letter is a separate thing which was only for the court to be sure that the mother is not challenging the custody. If the consent letter is going to be an issue, I better ignore it and submit the custody certificate.

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Re: Child Under 18 Born Outside UK

Post by Zerubbabel » Sat Aug 03, 2019 10:03 am

It's a bit last minute for this plan.

The child in question is 17 years old at moment and he will turn 18 next year.

It will be hard to justify how come that he lived 17 years with him mum and just now as he is going to his 18, there is sudden change of custody and an immigration application. It will be difficult to demonstrate that the entire thing is not built up to bring him in the UK just before he turns into an adult.

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Re: Child Under 18 Born Outside UK

Post by AmazonianX » Sat Aug 03, 2019 10:39 am

ablie2002 wrote:
Sat Aug 03, 2019 9:49 am
She was ask to prepare a Consent letter by the Social Welfare department as the mother of the child, even though they are aware of the is under my care. but I don't need the consent letter anymore because I have the custody certificate. I was wondering if I could include the consent letter in my application. The consent letter is a separate thing which was only for the court to be sure that the mother is not challenging the custody. If the consent letter is going to be an issue, I better ignore it and submit the custody certificate.
Yes, whichever direction you go it may be in the interest of the best outcome to keep out the mother's consent letter.

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Re: Child Under 18 Born Outside UK

Post by ablie2002 » Sat Aug 03, 2019 10:46 am

When I divorce the mum in 2006, A divorce proceeding from the Islamic court was given to me stating that I have the sole custody of the child, also there was a parental agreement document in 2006 between me and the mum stating that I have full custody of the child. All this documents were dated in 2006. I was told by a friend that I the divorce proceedings and parental agreement was not sufficient. I should request for a custody certificate from the court.

I am confused and did not know what to do.

ablie2002
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Re: Child Under 18 Born Outside UK

Post by ablie2002 » Sat Aug 03, 2019 11:16 am

My 2 questions were: which form should I used? and which appendix should I used?

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Re: Child Under 18 Born Outside UK

Post by Zerubbabel » Sat Aug 03, 2019 5:05 pm

ablie2002 wrote:
Sat Aug 03, 2019 10:46 am
When I divorce the mum in 2006, A divorce proceeding from the Islamic court was given to me stating that I have the sole custody of the child, also there was a parental agreement document in 2006 between me and the mum stating that I have full custody of the child. All this documents were dated in 2006. I was told by a friend that I the divorce proceedings and parental agreement was not sufficient. I should request for a custody certificate from the court.

I am confused and did not know what to do.
You have custody since 2006, why only in 2019 you want to bring you son with you? This is the kind of questions you are going to face.

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Casa
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Re: Child Under 18 Born Outside UK

Post by Casa » Sat Aug 03, 2019 5:35 pm

If you have sole custody, who has been caring for your son for the past 13 years :?:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ablie2002
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Re: Child Under 18 Born Outside UK

Post by ablie2002 » Sat Aug 03, 2019 6:39 pm

The problem was, I just got my ILR last month July 2019. I was on FM 5 year route.

ablie2002
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Re: Child Under 18 Born Outside UK

Post by ablie2002 » Sat Aug 03, 2019 6:44 pm

When I divorce with his mum in 2006, my son was living with me until June 2009 I left him with my sister and came to UK. He is still with my sister.

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