child settlement visa

wenner · Post by **wenner** » Fri Jul 20, 2012 7:13 pm

I am due for ILR in OCT. I hope i will get it, and soon after I am planning on applying for my daughter's settlement visa.She was born in the UK last year.

Unfortunately, while on maternity leave, I made the big mistake by taking my daughter home to SA without sorting out her immigration status before I left.I applied for her Tier 2 dependency visa in South Africa, and it was refused because I didnt show show sole responsibility.My husband's name is on the birth certificate, but his visa was refused before because of his immigration history.His was an illegal entrant in the UK.I am south African, and he is albanian.

I want to know if it still possible for me to apply for my daughter's settlement visa.I can proof sole responsibility.
1.her name is on the register of my local gp
2.I have hospital letters addressed to me as the parent or guardian of my daughter.
3.I am planning on putting her name up for a nursery place next week.
4.I took her to the clinic and to a playgroup many times, and I can proof these.
5.I left her in the care of my parents, and I send money home regurlarly.I have money gram receipts as evidence.
6. A letter from my husband that says I have sole responsibilty as he is in Albania, refused entry clearance, and therefore, I am solely responsible for my daughter.

My question, if I submit all of above documents to proof that I have sole responsibilty, will I satisfy the ECO that I indeed have sole responsibilty?I also went back in April to see her.I could only go for 10 days, as I already spent 60 days continually in South Africa, while on maternity leave.
Any advice will be appreciated, please.Thank you in advance.

Post by **Lucapooka** » Fri Jul 20, 2012 7:34 pm

I doubt it. You do want your partner in the UK but he can't go (he applied as your dependant so you can't deny this), and now you are trying to show something else to bring the daughter, who can't go to the UK because the father is not there. And if the daughter were admitted the father could get around his ban by applying as a parent. I can't see this being allowed.

wenner · Post by **wenner** » Fri Jul 20, 2012 7:47 pm

Thanks for reply.Any suggestions?

wenner · Post by **wenner** » Fri Jul 20, 2012 8:23 pm

What ban?my husband left in May 2010, on own expense.We got married in South africa.It is 2 years and 2 months since he left the UK.We applied after the ban was lifted, but it was refused because I didnt visit him in albania, and because of his immigration history.he left the Uk voluntarily on own expense, as a means to regularize his stay!It didnt work.we were desperate to see each other, and I couldnt go to albania, as daughter didn't have passport, and I wanted to spend time with him before maternity leave was finished,and this is why I went to south africa with my baby.My husband went to sa as well.After her visa was refused, he stayed in sa to try to find a job.Then his mother fell ill, and he went back to Albania last week.Now he is in Albania, I am here, the breadwinner of the family, and my daughter in south africa.It is my priority to get her back.is there anything that I can do, please?

Post by **vinny** » Sat Jul 21, 2012 7:56 am

wenner wrote:I am due for ILR in OCT. I hope i will get it, and soon after I am planning on applying for my daughter's settlement visa.She was born in the UK last year.

Note that after you're granted ILR, then child will be entitled to register for British citizenship. Subsequently, apply for a British passport.

wenner · Post by **wenner** » Sat Jul 21, 2012 9:30 am

thanks for the reply, vinny.i guess i will have to leave the UK after I get ILR, go back home and register her as a British citizen in South Africa, and then return after a year.

wenner · Post by **wenner** » Mon Jul 23, 2012 7:28 pm

what if i apply for a child visitors visa for my daughter after i get my ilr?or should i apply for child visitors visa now while i am still on a tier 2 visa which expires on 13 oct 2012?I just dont want to walk away from a permanent job after i get ILR, not knowing if i will get a job back home, or even if i get a job when i return.i know i can register her as a bristish citizen because she was born in the uk, but i just cant hang about for 1 year back home while i wait for her british passport, id rather do it here while i am working.if there is anyone who successfully applied to a child visitors visa, please let me know how you went about it, because i looked at the requirements, and my husband, her father, is not in country to give permission for her to travel to uk, but i left my daughter in care of my parents.i am thinking, if i apply for my mother and daughter to come here on a family visitors visa, my father can give permission as a gaurdian.is this possible?would they allow her to come as a visitor,if she has a return ticket?thanks for any advice, it will be appreciated.

wenner · Post by **wenner** » Thu Jul 26, 2012 5:01 pm

I have seen on UKBA that you cant apply for British Citizenship at British consulate abroad any more.You have to send all applications to Liverpool.
So instead of going back to SA, I will apply for my daughter's British citizenship from the UK.I just wonder, will she be allowed into UK with British Citizenship Certificate?I see that the right to abode certificate is not for travellers under 18.

Post by **vinny** » Sun Jul 29, 2012 12:31 pm

wenner wrote:I see that the right to abode certificate is not for travellers under 18.

Where did you see that?

wenner · Post by **wenner** » Tue Jul 31, 2012 12:27 am

Im sorry.I completely misinterpreted the guidance notes for Certificate on Entitlement.Next time I'll ask rather than making statements that are not true. if a child has a British Citizenship certifcate can I apply for a Certificate of Entitlement for Right to abode?from the UK while my daughter is in SA?

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child settlement visa