we didnt know either. i naively thought the childs application would be approved purely because he and his mother ( my wife ) wanted it.
I think there will be more proof and the stuff you have provided in this thread is part of it. You will need to do some reading up on the subject of sole responsibility and use that to demonstrate an evidence trail. The key issue to address is that you make all the important decisions in his life. https://www.freemovement.org.uk/sole-responsibility-and-exclusion-undesirable/ https://assets.publishing.service.g...vate-life-and-exceptional-circs-v13.0-ext.pdf I would recommend trying to avoid things like he lives or lived very close and definitely anything about his relatives helping care or support the child. I don't think that is the case but it is a trap area to be avoided. Financial support isn't the definite thing they are looking for. It is the fact that you make the big decisions in his life. They will recognise that your brother has day to day responsibility. They are looking for evidence that you make the big decisions eg school he goes to.
Whats gone on in the past,dont waste your time on you cannot undo it, dont waste your time moaning about past decisions you cannot change them what you can do is change their minds! You can demonstrate the father lives abroad. Yes good and yo have contact details that if UKBA want to talk to him they can. Focus on the above point and how can he support his son if he is not in the country, show how long he has been absent and that he doesnt care. Show that your brother whilst he was ok to support your son his life has moved on. Your brothers wife is a stranger. Focus on what you can change not what has happened
do UK border agency know this? Under Philippines law if the parents are not married then mum has automatically sole responsibility (UK laws see this differantly but respect Philippines law)
I would recommend trying to avoid things like he lives or lived very close and definitely anything about his relatives helping care or support the child. I don't think that is the case but it is a trap area to be avoided. yes --this is the trap i walked straight in to . ( i did the application ) on researching after the refusal--it went against us that the boy lives with his aunt--his fathers sister--and the father lives in the same village. Also we included a letter from the father giving consent to the child emigrating--BAD IDEA--just proves the father was still involved in the childs life at the time. we didnt appeal--no point--it was my fault i didnt research enough. i know a bit better now.
They should be if they look into it properly because my name haven’t change, but thats a good point. Thanks
I would recommend trying to avoid things like he lives or lived very close and definitely anything about his relatives helping care or support the child. I don't think that is the case but it is a trap area to be avoided. The care by a relative cannot be avoided as who looked after him in his moms abscence? what the op needs to do is bat it off as a short term solution whilst she sorted her self out in the UK. When we applied my wifes daughter had been cared for by her eldest sister an aunty and elderly grandfather when we responded to the question of why this could not continue we firstly suggested that the grandfather was not in a position to help the girl through young adulthood and all the lady stuff that goes with it , we said her elder sister had moved on to set up a life with her new partner and newborn, we suggested that whilst the aunt was loving and caring the daughters place was alongside her mother. We stated my wife had made short term decisions to leave her daughter in the Philippines to a)finish high school, natural schooling break b)that we felt it better her mother came to the UK got herself settled so she the mother was in a better position to support her daughter in the transition of life in the Philippines to life in the UK. The argument appeared to be accepted as the application was approved in the first instance
They were saying aswell that it took nearly 10 years before his application.. So i can argue that i, we are not settled back then.
Hmm they can see we all from same town/ village. But none of them bothered to see my son. I dont think it matters aswell if they see him or not, because i am fighting for sole responsibility. Right
So the child is eleven and he has been in your brothers care for 10 years to the point of application,is that what you are now saying?
i find it exasperating that under philippine law a mother has sole responsibility if not married to the childs father--yet UKVI obviously dont accept this. from what ive read during my years on here--the only successful child applications are where the natural father has died or never existed apart from the sperm donor aspect. ( apart from where the childs father is the UK settled /born sponsor.) But--hey--the way it works is--UKVI says -NO--and its up to the applicants to fight for it--not the other way round.
Somewhere on this forum is a link to the UKVI guidlines for its case workers on what constitutes sole responsibility--and when to refuse or allow the application.
you mean this 8. SET7.8 What is sole responsibility? A sponsoring parent (see SET7.2) must be able to show that he/she has been solely responsible for exercising parental care over the child for a substantial period.If the sponsoring parent and child are separated, the child will normally be expected to have been in the care of the sponsoring parent’s relatives rather than the relatives of the other parent. An application should normally be refused if the child has been in the care of the other parent’s relatives and the other parent lives nearby and takes an active interest in the child’s welfare. The following factors should be considered in assessing sole responsibility: Are the parents married / in a civil partnership? If the parents’ marriage / civil partnership is dissolved, which parent was awarded legal custody, which includes assumption of responsibility for the child? Where there is a custody order the ECO should take care to ensure that the issue of a settlement entry clearance to the child will not contravene the terms of the custody order. See list for countries whose custody orders can be recognised as valid in UK (copy is available on this guidance page). Does the marriage / civil partnership subsist, but the parents do not live together? If the sponsoring parent migrated to the UK, how long has the sponsoring parent been separated from the child? If the sponsoring parent migrated to the UK, what were the arrangements for the care of the child before and after the sponsoring parent migrated? If the sponsoring parent migrated to the UK, what has been / what is the sponsoring parent’s relationship with the child? Has the sponsoring parent consistently supported the child, either by:direct personal care; or by regular and substantial financial remittances? By whom, and in what proportions, is the cost of the child’s maintenance borne? Who takes the important decisions about the child’s upbringing, for example where the child lives, the choice of school, religious practice etc?
Thanks, i will fight for him. He is my son and I supported him all his life without a help from his dad or from his family. See what happens in court...