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Seeking to bring my Kenyan wife and stepdaughter over to uk.

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john2054
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Joined: Wed Dec 14, 2011 10:17 pm
Location: Derby, UK

Seeking to bring my Kenyan wife and stepdaughter over to uk.

Post by john2054 » Wed Dec 14, 2011 10:30 pm

Hi, I am a thirty year old male with mental health difficulties. Despite this I would like to bring my wife and stepdaughter (28 and 4 respectively), over here to live with me. I have been in hospital for the last 2 years, but I am going to be moving into my own 2 bedroom house next month, here in derby uk. I am under the court of protection, who manage my claim of about 200k. This is depleting though. I speak to my wife every day and have sent her regular sums of money for the last three years since we got married, of now £330 per month. I also pay for the little girls schooling ontop of this.

What will I need to do in order to bring them over? I am hoping to get independent legal advice. Note she has twice applied for a visa before, 4 years ago and 3 years ago. The first time she was turned down because she didn't have a sponsor. The 2nd time because she applied for the wrong type of visa (a visitors rather then a settlement one), despite being soon married.

What should I do now in order to bring her back? Please any advice and feedback on this issue would be much appreciated thanks.

pennylessinindia
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Post by pennylessinindia » Thu Dec 15, 2011 12:02 pm

I am sure others will advise on visas soon .
For your wifes child you will need to show she has sole responsibility .

Not sure why my suggestion to remove your name was removed by a Mod, it leaves my post meaning nothing. I had started my post suggesting you may want to remove your name.
Last edited by pennylessinindia on Fri Dec 16, 2011 2:39 pm, edited 2 times in total.
pennyless

john2054
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Joined: Wed Dec 14, 2011 10:17 pm
Location: Derby, UK

Post by john2054 » Thu Dec 15, 2011 7:54 pm

Hi Pennylessindia, what does sole responsability mean and imply?

Greenie
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Post by Greenie » Fri Dec 16, 2011 12:05 pm


pennylessinindia
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Post by pennylessinindia » Fri Dec 16, 2011 2:41 pm

john2054 wrote:Hi Pennylessindia, what does sole responsability mean and imply?
try this link - click on it for information about it

http://www.ukba.homeoffice.gov.uk/polic ... 7/#header8

You may also want to google and read a lot more about it. It is quite complex and not as easy to show as one would think on first reading
pennyless

john2054
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Location: Derby, UK

Post by john2054 » Fri Dec 16, 2011 3:14 pm

Hi, thanks for the replies. I don't think the baby will be a problem. When she (my wife) got turned down last time, the reason for the girl's refusal was in keeping with the decision made for the mum. Ergo an acceptence for the mum (what we are after), will presumably yield rewards for the girl also. Note that girl has never even seen her dad, and he pays nothing towards the upkeep. I am the one who pays for the termly school fees, and i think it is unreasonable expecting him to be involved because he's not ok?

Greenie
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Post by Greenie » Fri Dec 16, 2011 3:17 pm

Don't assume that because a ground for refusal wasn't raised the first time round, that it won't be raised the second time. They can and do raise new grounds for refusal. Your wife will need to provide evidence that the father is not involved, and that she has sole responsibility as set out in the guidance documents provided.

geriatrix
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Post by geriatrix » Fri Dec 16, 2011 3:19 pm

john2054 wrote:will presumably yield rewards for the girl also.
Not at all!!

Every applicant must meet the requirements relevant to the category under which they are applying. Mum will require to show "sole responsibility" for the child if the circumstances warrant (because the immigration rules say so).

Visa for mum doesn't equate to (automatic) visa for daughter, as you may be hoping.
Last edited by geriatrix on Fri Dec 16, 2011 3:53 pm, edited 1 time in total.
Life isn't fair, but you can be!

john2054
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Joined: Wed Dec 14, 2011 10:17 pm
Location: Derby, UK

Post by john2054 » Fri Dec 16, 2011 3:28 pm

Well other then providing school reports and bank statements to show that I have been involved as the sole provider, how else would ou suggest that my wife demonstates that the child has nothing to do with her father? I don't even know who that guy is for crying out loud?!?!

pennylessinindia
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Post by pennylessinindia » Fri Dec 16, 2011 4:34 pm

john2054 wrote:Well other then providing school reports and bank statements to show that I have been involved as the sole provider, how else would ou suggest that my wife demonstates that the child has nothing to do with her father? I don't even know who that guy is for crying out loud?!?!
You may not know this person, but it is for your wife to show she has sole responsibility. She will need to show all the things mentioned in the link. She will need to show how she has came to be on her own and how she supports her child. does she for example have any court documents showing her she has custody, if she was previously married? Look at the link and get her to start addressing the the things raised. It is a long hard slog.
Search on here and find others posts too
pennyless

john2054
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Posts: 8
Joined: Wed Dec 14, 2011 10:17 pm
Location: Derby, UK

Post by john2054 » Fri Dec 16, 2011 4:50 pm

Hi inindia, thanks for the reply. I am really not overly concerned about demonstrating that my wife is the sole parent, because she is this and always has been. The baby was born as the result of a brief fling and we do not need to dwell on this further.

What I am concerned about is how i can prove that i can be a reliable sponsor, given that i have a history of mental health problems. Also the savings that i have a locked up in the court of protection. Is this going to be a barrier to me bringing my wife over here on a settlement visa?

I think that I have grounds under the european human rights act to be with my family over here under human rights legislation however. This is right yeah?

john2054
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Location: Derby, UK

Post by john2054 » Mon Mar 26, 2012 9:29 pm

pennylessinindia wrote:
john2054 wrote:Well other then providing school reports and bank statements to show that I have been involved as the sole provider, how else would ou suggest that my wife demonstates that the child has nothing to do with her father? I don't even know who that guy is for crying out loud?!?!
You may not know this person, but it is for your wife to show she has sole responsibility. She will need to show all the things mentioned in the link. She will need to show how she has came to be on her own and how she supports her child. does she for example have any court documents showing her she has custody, if she was previously married? Look at the link and get her to start addressing the the things raised. It is a long hard slog.
Search on here and find others posts too
Well I have employed a good solicitors who have agreed to take us on. I think one of the clinchers in this has been my ability to show that I am now living in my own privately rented accomodation. Hopefully the next time you hear from me will be with good news indeed! :)

john2054
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Posts: 8
Joined: Wed Dec 14, 2011 10:17 pm
Location: Derby, UK

Re: Seeking to bring my Kenyan wife and stepdaughter over to

Post by john2054 » Thu Apr 10, 2014 8:37 pm

Sorry for the delay in reply. The good news is that we won the visa last year, and we're finally reunited after a long struggle in Aug 2013. This was a great relief, thanks for the support! Cheers John Robinson husband to Margaret Murekio (Robinson), father of Michelle Wambui! :)

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