Help: FirstTierTribunal appeal dismissed with bad impression

[Asma Rahman]

Please help me: I am a single mom in a very helpless situation

I am trying to bring my daughter to UK, who is currently living with my parents in India for last 5 years (now 10 years old). the application was refused due to the lacking of so many supporting documents (proper money transfer receipt, my contact evidence with the school and other. we did appeal and during the oral hearing day i was so nervous and for couple of questions my answer was very inconsistent because i was not fully confident at that time. Moreover, the evidence we submitted to the court was not enough according to judge's opinion. As a result, the appeal was dismissed, although the appeal right to upper tribunal is given.

Now, I am planning to submit fresh application as I am having all the evidence for last 3 years.

My questions are:
1. can i prove my sole responsibility with these last 3 years documents as i am a single mother and i am providing financial support, taking major decision etc.

2. what will be the impact of the appeal dismissal as it was not successful and was having some confliction issues. What will be the credibility of my application to ECO, will they be so adamant not to give visa!

3. Should i wait for few months before applying again? if yes that how long i should wait?

[CR001]

You need to provide more detail if you want any helpful advice.

What is your immigration status in the UK?

What application exactly have you made to bring your daughter?

Where is the child's other parent?

Were you married to the child's other parent?

[Asma Rahman]

I am having ILR and applied for Naturalisation
I did Settlement visa application for my daughter
My ex-husband living in India but he is taking any responsibility of her
i am divorced with her father, i was married to him

[CR001]

You have to prove sole responsibility, this is not the same as showing financial support and communication etc.

See SET7.8 in the link below.

https://www.gov.uk/government/publicati ... onsibility

You are not really a 'single parent'. The child has two parents.

Is the child's father involved in her life in any way? Does he see her at all?

Why did the child not join in the UK previously when you moved here?

[Asma Rahman]

Last 2 years he has not seen him, not even talked to her over the phone.
actually i was trying hard and sole to establish myself first, i did my study and got a full time job then i applied for her
my parents are not any more happy to support me any more, they are growing old and having elderly physical conditions.

[CR001]

Your parents circumstances are irrelevant. Where is the child's father?

Unless you can prove sole responsibility or if the father relinquishes his parental rights, you will struggle to bring the child to the UK.

A member recently had the same situation and faced a second refusal for the child settlement visa because UKVI was unable to contact the father of the child to confirm the affidavit provided or judge the circumstances.

This stance by HO is echoed across many countries to avoid 'parental child abductions'.

[Asma Rahman]

Child's father is also living in India, but he is not taking any responsibility of the child, not even contacting her over 6/7 months, not seeing her for last 2 years. He has given his consent for the child to come to me and mentioned that as i am taking every responsibility for her- he has no objection for her to be settled in the UK with me

[CR001]

What official (court) documentation do you have giving you sole responsibility? It is very important to prove your sole responsibility, just his 'consent' is likely not sufficient.

[Asma Rahman]

@CR001 Many thanks for providing all the valuable information to me. I also have the Memorandum of Understanding that held between us (my ex-husband and me) which includes his agreement that the child will remain under my custody and i will be providing every support for her, etc. etc. will that be enough for the fresh application or still i need the court order for sole responsibility/any other official order?

[CR001]

What does your divorce conditions say about the child etc.?

[Frontier Mole]

I do not mean to be unsupportive but the threshold for meeting sole responsibility is very high.

Based on your circumstances there is unlikely to be the grant of a visa for your daughter. Just to get close to the threshold you have to provide an enormous amount of evidence.
First off a court document giving you sole custody. Dated from 5 years ago.
A financial servence document stating that you receive no funds from the father to support the daughter. And never have in the past either.
A massive amount of correspondence to show you and no one else has made any decisions of any significance in regards to your daughter during the last five years. Every school report, doctors appointment, choice of education, religious instruction, partisipation in any non school based activities, moral guidance, and on and on. They have to be backed up with evidence, not a couple of txt or emails, huge screeds of correspondence addressed to you from every official source your daughter would be involved with.
The financial support is very much secondary to sole responsibility.