refusal for my young sons

[sethb]

Hi everyone,

I am a UK citizen, single dad, with full time custody of my two boys 4 & 5 yr old. I applied for them to join me (we all live in the USA right now) and their entry was refused based on not providing evidence that I'm their sole caregiver and approval from their mother (I didn't see anything requiring this info and I only supplied what was asked for).

I'm due to start my new position in 1.5 mo and while my employer is probably flexible this is causing me a great deal of stress. I would welcome any suggestions about re applying vs appealing or general advice.

Sorry if this is covered anywhere and I missed it but I'm mid full-blown panic.

[vinny]

If your children are not automatically British, then they should satisfy A280(b) and 297, including 297(i)(e or f).

If you have sole responsibility, then they should not need other parent's consent.

[sethb]

Thanks vinny for the helpful response. I'm so frustrated that this was not obviously described. Your link to the annex is the first time I saw anything like this.

Would you recommend resubmitting an application or appealing? Is it otherwise possible to overturn the decision?

[vinny]

You could try appealing with additional evidence and see if it gets overturned at the ECM appeal review.

Or/and make new applications.

[sethb]

Thank you again Vinny.

Can you tell me if new biometrics appointment is necessary or if the previous one would be ok?

Thanks

[vinny]

A new application may require new biometrics.

[Obie]

Is it the case that the mother plays no role in your children's life? Is there not court order granting her rights to the children?

If you can answer those questions in the affirmative, then the children will succeed in their application, if as Vinny stated they are not British already.

[sethb]

For the past year she had the boys every second weekend until she violated the terms of our separation custody agreement which gave sole custody to me. However, there is no court order. She has not contributed financially in any way. I have had final decision making since the separation and been their primary caregiver the whole time.