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Child Dependent Visa

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milla21
Newly Registered
Posts: 2
Joined: Fri Feb 01, 2019 7:42 pm
United States of America

Child Dependent Visa

Post by milla21 » Fri Feb 01, 2019 7:56 pm

Hi there, I am a US citizen and I am applying for a spouse visa to live with my husband in the UK. I am also applying for my 6 year old to come with me. I know the rule is to prove sole parental responsibility. Her father and I had a 50/50 custody agreement in place in 2014 (even though she was with me majority of the time) but he violated the agreement by moving 1,200 miles to another state the following year in 2015 (she was 2 years old). I have since had responsibility over her. Do I submit this old custody agreement along with an explanation that is was violated? Or will that go against me? He has given me written and notarized consent (for my own personal purposes, not to submit as I know it goes against me). So far the documents I have are:

Letter from her previous school that she attended 2015-2018 stating I was the only parent involved in her education.
Tuition receipts from my account from 2015-2018 totaling roughly $20k.
Full conversation between me and her current teacher on a regular basis through the Remind App.
Letter from her current teacher stating I am the only parent involved and to what extent.
Receipts from her current after-care program.
Medical documents listing me as the guarantor from 2012-2019 and receipts from payments.
Letter from my employer (2015-present) stating my daughter is well known in the office and they accommodate for her when I cannot find other childcare arrangements, as well as stating that I frequently leave work or miss work to tend to her when she is ill or injured.
Receipts from random purchases I've made (i.e. birthday gifts, birthday party supplies, clothes, christmas gifts, etc.)
Photos of her and I on every holiday from the time she was born until now (including every year when I substitute in place of her dad on father's day!)
School emergency contact information showing her dads information cannot be listed as he doesn't live in the area.

*Letters I am looking to get are from her soccer coach and piano teacher stating that I am the one present for all practices/games/tournaments.

Is this enough to prove sole parental responsibility? Am I missing anything?

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Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Child Dependent Visa

Post by Casa » Fri Feb 01, 2019 9:01 pm

From the Immigration Rules

Sole parental responsibility
Sole parental responsibility must be interpreted in line with the definition in this
guidance.
Sole parental responsibility means that one parent has abdicated or
abandoned parental responsibility and the remaining parent is exercising sole control
in setting and providing the day-to-day direction for the child’s welfare.
In assessing whether the applicant has sole parental responsibility for a child, the
decision maker must consider the following:
• if evidence been provided that decisions have been taken and actions
performed in relation to the upbringing of the child under the sole direction of
the applicant, without the input of the other parent or any other person
• if evidence been provided that the applicant parent is responsible for the child’s
welfare and for what happens to them in key areas of the child’s life, and that
others do not share this responsibility for the child
if evidence been provided that the applicant parent has exclusive responsibility
for:
- making decisions regarding the child’s education, health and medical
treatment, religion, residence, holidays and recreation
- protecting the child and providing them with appropriate direction and
guidance
- the child’s property
- the child’s legal representation
In addition, the decision maker should note that:
• sole parental responsibility is not the same as legal custody
• significant or even exclusive financial provision for a child does not in itself
demonstrate sole parental responsibility
• where both parents are involved in the child’s upbringing it will be rare for a
person to establish sole parental responsibility
• sole parental responsibility can be recent or long-standing. Any recent change
of arrangements should be scrutinised to make sure this is genuine and not an
attempt to circumvent immigration control
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

milla21
Newly Registered
Posts: 2
Joined: Fri Feb 01, 2019 7:42 pm
United States of America

Re: Child Dependent Visa

Post by milla21 » Fri Feb 01, 2019 9:56 pm

Casa wrote:
Fri Feb 01, 2019 9:01 pm
From the Immigration Rules

Sole parental responsibility
Sole parental responsibility must be interpreted in line with the definition in this
guidance.
Sole parental responsibility means that one parent has abdicated or
abandoned parental responsibility and the remaining parent is exercising sole control
in setting and providing the day-to-day direction for the child’s welfare.
In assessing whether the applicant has sole parental responsibility for a child, the
decision maker must consider the following:
• if evidence been provided that decisions have been taken and actions
performed in relation to the upbringing of the child under the sole direction of
the applicant, without the input of the other parent or any other person
• if evidence been provided that the applicant parent is responsible for the child’s
welfare and for what happens to them in key areas of the child’s life, and that
others do not share this responsibility for the child
if evidence been provided that the applicant parent has exclusive responsibility
for:
- making decisions regarding the child’s education, health and medical
treatment, religion, residence, holidays and recreation
- protecting the child and providing them with appropriate direction and
guidance
- the child’s property
- the child’s legal representation
In addition, the decision maker should note that:
• sole parental responsibility is not the same as legal custody
• significant or even exclusive financial provision for a child does not in itself
demonstrate sole parental responsibility
• where both parents are involved in the child’s upbringing it will be rare for a
person to establish sole parental responsibility
• sole parental responsibility can be recent or long-standing. Any recent change
of arrangements should be scrutinised to make sure this is genuine and not an
attempt to circumvent immigration control

Can you please delete my original post. I have not gotten the advice I was looking for and I'm unable to remove my own post. Thanks.

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Child Dependent Visa

Post by CR001 » Fri Feb 01, 2019 9:59 pm

announcements/posts-will-not-be-deleted-t199657.html

Please note we are all volunteers on the forum and the advice Casa has given is what the immigration rules state is required to bring a child from a previous marriage.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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