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My evidence for Sole responsibility. Responses please!!!

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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pdajldesilva
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Sri Lanka

Proving Sole responsibility without a court order

Post by pdajldesilva » Mon Apr 15, 2024 3:35 pm

Dear everyone,

I'm new to this forum. I'm from Sri Lanka who is willing to apply for a UK student visa for my PhD. I am a single parent of two children (13 & 17 yo). I need to take my children with me so it is needed to prove sole responsibility over my children. We three are still living together here in Sri Lanka.

I'm divorced 5 years back and I have been looking after and taking whole responsibility over my children even from before the divorce. But unfortunately, there is nothing about my children in the divorce certificate. It will take months and months to get a court order!

The total responsibility was taken by me over this time and my ex wife had no any contribution in any aspect to my children's lives. I have no any grudges with my wife and she is friendly. I can even ask her to come in front of anywhere.

Within these times I homeschooled my children and made them pass their exams earlier than usual. By seeing this, the Sri Lanka Rupavahini Corporation (SLRC), the main government TV channel, did a programme about three of us. And also two leading newspapers published two comprehensive articles about three of us.

I made the following documents to prove my sole responsibility.

* My divorce certificate (nothing stated about my children)
* An affidavit from my ex wife stating I am wholly responsible for the children's upbringing and
she has no any objection in taking them with me to the UK.
* A letter from the doctor stating I have been bringing my children for treatment.
* A letter from the temple stating I have been bringing my children with me.
* A letter from an education institution (my children were members), stating I was responsible
for my children's education and work.
* A letter from the Public Library Colombo stating we three were attending all together.
* TV programme video.
* Two Newspaper articles.
* 57 photos of three of us.

Will these be sufficient to prove my sole responsibility? I can produce my wife at any time. Do I need a court order or are these enough? What are the additional documents I need?

Hoping for responses as soon as possible.

Thank you.

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Frontier Mole
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Re: Proving Sole responsibility without a court order

Post by Frontier Mole » Mon Apr 15, 2024 4:34 pm

It is a comprehensive list of documents to support your claim for sole responsibility. The most important one to conclusively prove legal sole responsibility is, as you already know, not a document that you have.
The likelihood of receiving a refusal for your children is a distinct possibility.
All the caseworker has to do is say is - the documents are unverified and self serving and therefore can be discounted. Harsh but there are recent examples on this board.
The other barrier you will likely face is how do you propose to ensure care for the younger child? You should be able to explain how care would be provided.

pdajldesilva
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Re: Proving Sole responsibility without a court order

Post by pdajldesilva » Mon Apr 15, 2024 4:53 pm

Frontier Mole wrote: ↑
Mon Apr 15, 2024 4:34 pm
It is a comprehensive list of documents to support your claim for sole responsibility. The most important one to conclusively prove legal sole responsibility is, as you already know, not a document that you have.
The likelihood of receiving a refusal for your children is a distinct possibility.
All the caseworker has to do is say is - the documents are unverified and self serving and therefore can be discounted. Harsh but there are recent examples on this board.
The other barrier you will likely face is how do you propose to ensure care for the younger child? You should be able to explain how care would be provided.
Don't I have any options for the court order?
I understand you. Isn't it changed because I am going on student visa, that means non settlement visa?

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Frontier Mole
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Re: Proving Sole responsibility without a court order

Post by Frontier Mole » Mon Apr 15, 2024 9:36 pm

It is not about settlement, it is about legal custody and safeguarding of the children.
Good article link below

https://freemovement.org.uk/sole-respon ... %20welfare.

pdajldesilva
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Re: Proving Sole responsibility without a court order

Post by pdajldesilva » Wed Apr 17, 2024 4:24 am

Really can't I prove it without a custody order?

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Frontier Mole
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Re: Proving Sole responsibility without a court order

Post by Frontier Mole » Wed Apr 17, 2024 9:43 am

You can try to do it without official court paperwork, however the forum has numerous examples of failed attempts when then has been attempted. It is your choice depending on how risk adverse you are and your ability to absorbe the costs of the refused applications.

The other point is the elder child - once they become 18 this adds more barriers to becoming a dependent.

pdajldesilva
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Re: Proving Sole responsibility without a court order

Post by pdajldesilva » Wed Apr 17, 2024 4:14 pm

Today, I applied for a motion to the divorce case (5 years old) in order to prove the child custody is to the father (me). Then the divorce case will be amended and the custody will be mine.

Will this be sufficient? Is there any issue with this document?

Hoping for responses.

pdajldesilva
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Re: Proving Sole responsibility without a court order

Post by pdajldesilva » Wed Apr 17, 2024 4:48 pm

pdajldesilva wrote: ↑
Wed Apr 17, 2024 4:14 pm
Today, I applied for a motion to the divorce case (5 years old) in order to prove the child custody is to the father (me). Then the divorce case will be amended and the custody will be mine.

Will this be sufficient? Is there any issue with this document?

Hoping for responses.
Won't this be an issue as this is a recent amendment?

pdajldesilva
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Re: Proving Sole responsibility without a court order

Post by pdajldesilva » Thu Apr 18, 2024 12:57 am

Today, I applied for a motion to the divorce case (5 years old) in order to prove the child custody is to the father (me). Then the divorce case will be amended and the custody will be mine.

Will this be sufficient? Is there any issue with this document?

Won't this be an issue as this is a recent amendment?

Hoping for responses.

pdajldesilva
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Posts: 11
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My evidence for Sole responsibility. Responses please!!!

Post by pdajldesilva » Thu Apr 18, 2024 10:05 am

Hi everyone,

I posted a thread earlier and now i have solved one issue which was in the earlier question. Anyway I'll explain my whole case. Please response me!!!! πŸ™‚πŸ™‚πŸ™‚

I'm from Sri Lanka who is willing to apply for a UK student visa for my PhD. I am a single parent of two children (13 & 17 yo). I need to take my children with me so it is needed to prove sole responsibility over my children. We three are still living together here in Sri Lanka.

I'm divorced 5 years back and I have been looking after and taking whole responsibility over my children even from before the divorce. Recently, we applied for a motion to add the custody of my children. According to the new one the sole legal and physical custody comes to me.

The total responsibility was taken by me over this time and my ex wife had no any contribution in any aspect to my children's lives. I have no any grudges with my wife and she is friendly. I can even ask her to come in front of anywhere.

Within these times I homeschooled my children and made them pass their exams earlier than usual. By seeing this, the Sri Lanka Rupavahini Corporation (SLRC), the main government TV channel, did a programme about three of us. And also two leading newspapers published two comprehensive articles about three of us.

I made the following documents to prove my sole responsibility.

* My divorce certificate (stating I'm completely responsible legally and physical about the sons)
* An affidavit from my ex wife stating I am wholly responsible for the children's upbringing and
she has no any objection in taking them with me to the UK.
* A letter from the doctor stating I have been bringing my children for treatment.
* A letter from the temple stating I have been bringing my children with me.
* A letter from an education institution (my children were members), stating I was responsible
for my children's education and work.
* A letter from the Public Library Colombo stating we three were attending all together.
* TV programme video.
* Two Newspaper articles.
* 57 photos of three of us.

Will these be sufficient to prove my sole responsibility? Will the amendment to the divorce case be ok? Is it an issue as it's very recent?

Responses are highly appreciated!
Hoping for responses. πŸ™‚πŸ™‚

Thanks.

secret.simon
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Re: My evidence for Sole responsibility. Responses please!!!

Post by secret.simon » Thu Apr 18, 2024 11:53 am

pdajldesilva wrote: ↑
Thu Apr 18, 2024 10:05 am
* A letter from the doctor stating I have been bringing my children for treatment.
* A letter from the temple stating I have been bringing my children with me.
* A letter from an education institution (my children were members), stating I was responsible
for my children's education and work.
* A letter from the Public Library Colombo stating we three were attending all together.
* TV programme video.
* Two Newspaper articles.
* 57 photos of three of us.
This set of proofs is utterly irrelevant.

Sole responsibility means that you are the sole person to take decisions in the lives of your children.

All of the above can be done even in marriage or in a shared custody situation, so it is completely irrelevant.
pdajldesilva wrote: ↑
Thu Apr 18, 2024 10:05 am
* My divorce certificate (stating I'm completely responsible legally and physical about the sons)
Is there a court judgment giving you sole custody of the children?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

pdajldesilva
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Posts: 11
Joined: Mon Apr 15, 2024 2:42 pm
Sri Lanka

Re: My evidence for Sole responsibility. Responses please!!!

Post by pdajldesilva » Thu Apr 18, 2024 4:29 pm

secret.simon wrote: ↑
Thu Apr 18, 2024 11:53 am
pdajldesilva wrote: ↑
Thu Apr 18, 2024 10:05 am
* A letter from the doctor stating I have been bringing my children for treatment.
* A letter from the temple stating I have been bringing my children with me.
* A letter from an education institution (my children were members), stating I was responsible
for my children's education and work.
* A letter from the Public Library Colombo stating we three were attending all together.
* TV programme video.
* Two Newspaper articles.
* 57 photos of three of us.
This set of proofs is utterly irrelevant.

Sole responsibility means that you are the sole person to take decisions in the lives of your children.

All of the above can be done even in marriage or in a shared custody situation, so it is completely irrelevant.
pdajldesilva wrote: ↑
Thu Apr 18, 2024 10:05 am
* My divorce certificate (stating I'm completely responsible legally and physical about the sons)
Is there a court judgment giving you sole custody of the children?
But it is told that sole custody is not sole responsibility. Then aren't those supporting documents helpful?

The court will amend the divorce certificate and thereafter it will be stated legally in divorce certificate.

Hoping for a response!

pdajldesilva
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Posts: 11
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Re: My evidence for Sole responsibility. Responses please!!!

Post by pdajldesilva » Thu Apr 18, 2024 6:39 pm

The court will amend the divorce certificate and thereafter it will be stated legally in divorce certificate.

Hoping for a response!

pdajldesilva
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Re: My evidence for Sole responsibility. Responses please!!!

Post by pdajldesilva » Sun Apr 21, 2024 2:16 pm

Anyhow I have to ask at last, Is the amendment to the divorce certificate taken as a legal custody document?
Responses please!!!

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Frontier Mole
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Re: My evidence for Sole responsibility. Responses please!!!

Post by Frontier Mole » Sun Apr 21, 2024 6:59 pm

Only the Home Office can answer that when you apply. The legal profession in your own country may have a view. I doubt there is a member of this forum that can offer an assurance or comment that is more than a reasonable guess.

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