Hi, my son’s entry clearance has been refused. Apparently they saying that i did not show any proof of sole responsibility. Sending money and some video calls are not enough. We have rights to appeal but i am getting really worried. Anyone here been to tribunal court to prove the sole responsibility? thanks,
Hi and welcome Where is the childs other parent? I take it you are in the UK and child in the Philippines? Who looks after the child now? How old is the child? Did you present an affidavit off the childs other parent giving you sole resposability?
Hi, His dad abandoned us since he was a baby, and did not support, did not contact him at all. Me and my partner support him in the Philippines and always in contact. His dad is abroad as well, child is now 11, my brother looks after him but he is now married and has his own family, i have managed to get a copy of his dad’s documents to show he is not in the Philippines, and he also write a consent basically hes not bothered about our son, his letter is not notarised though. now we have to appeal in court. My brother making a statement now, and will get it notarised to confirmed that his dad abandoned him, and never support, never contact the child. And about the decision regarding my son are all coming from us. From deciding school doctors etc .Although the dad introduced himself as his dad, after that he did not contact him did not let him know that hes leaving again the country. He just show up as a dad! And that is not support right. Embassy appears they want my brother to continue to look after him.
Whoever assessed his application saying as well that i did not show any proof that my brother can’t look after him anymore!
Sounds like you had the same heartless entry clearance official that my wife had when her son was refused. I only hope now the UK has slammed the door on all these unwanted eastern european spongers there will be a change of heart towards settled immigrants family members.
The plus points are that you can demonstrate the biological father has no responsibility by fact that the father is overseas and has no contact you also have a letter from him, albeit it could be written by anyone on his behalf saying he doesn't want anything to do with his child! Have you got the fathers contact details? Were you told that "Whoever assessed his application saying as well that i did not show any proof that my brother can’t look after him anymore!" in the refusal process? There are 2 questions in the application about children left behind worded something like 1. Who does ##child name## live with in the Philippines 2. Why can ##Brothers name## not continue to look after child How long have been in the UK? My wife came over in October 2015 and we successfully got her daughter over here in May 2017 and they have both recently applied together for ILR. So you have to put a strong case forward as to why the brother cannot look after your child, 1st and foremost you are his biological parent, 2nd your brother is now married and has a family of his own, and while it was ok for the relationship between uncle and nephew to form it is not ok for the relationship between child and brothers new wife to form they are strangers. 3rd (not knowing how long youve been in the UK) you though it was emotionally sensible for your child to stay in schooling till he reached the age of high school education as there is a natural break from junior to high school, also that it was practical that you came here first and got into the lifestyle looked at schools for him and the right environment for him to come and live in, you being more settled when he got here you as his mother would be in a better position to support his needs in growing up. Hope this helps
Hi, we live in small town where everybody knows everybody, like people gossips and they know everyone’s business. I know my son’s dads partner since when we were kids so i asked her to ask him to write a letter and give us the documents to show he is not in the Philippines. ( but doesnt mean he is supporting and I believe i cant demand support from her she got nothing to do with my son) even i asked her to tell him to give regular support it still his decision. He has full capacity to know what is right and wrong ) Contact number of the dad and email address is included on the letter. The fact that i did not lie how i get the documents they actually using those against me. Saying that i stated that the dad blocked his contact with me which is very true. (He blocked me on fb no idea where is his address or his email) but then i was able to get documents from his partner and they saying that not all contacts are block. But i cant demand from his partner. Which is im going to argue in court i think. At the end of the day if its just written in words, that he is abroad they wont accept that they want a proof. Right? my brother now is making a statement that all decisions for his upbringing is mine, he also stated that he is now married and trying to earn for living and wants to focus on his family. What else he could say? I cannot force him right?
What I am saying is give yourself the best possible chance, You are the childs biological parent. Demonstrate that the boys father does not care and lives overseas now Demonstrate that whilst your brother was happy to look after your child short term, your brothers life has changed and you do not want your child brought up by a stranger (your brothers wife) The child is yours you can deliver a safer stable life for your son You made short term decisions to settle yourself first and then give your son a stronger emotional start in the UK The child is yours
Yes thank you! my brother is now giving statement to confirm his dad abandoned him long time ago and never give support, plus how i involved on his upbringing while i am away plus his marriage and the daughters birth certificate. (His statement will be notarised) his daughter is now 3 years old. And as you said has to be settled first before bringing family over.
where is the father? dont just rely on your brothers statement demonstrate the father has abandoned the child is the father abroad can you prove it of your own accord. Just remember the ECO will maybe say "well your brother would say"(whatever you ask him to) Remember you are fighting for your son nobody else, You must demonstrate this
I hope you succeed. I would like to know the outcome. We will try again but will be prepared for another refusal and will appeal using a lawyer.
Yes the father is away too. He’s defo not in the Philippines. We already give a copy of his documents that he is not in the Philippines together with his application. On his letter consent although its not notarrised he put his contact details on it.
Hi, no i dont, i did not realised that i would be where i am now and i will be on this position right now. Since his dad not bothered i did not get any legal documents. Because again i did not know i will be doing this right now. How do i get those documents he is abroad plus i dont have direct contact to him. He blocked me long time ago.
If not married when the child was born and not married afterwards to legitimise the child then under Philippines law she has sole responsibility. UK law is different in that if named on birth certificate then have parental responsibility. Point worth making in any appeal but not sure how much difference it will make. It is usual problem with UKVI and sole responsibility.
Thats the problem. The only proof i can give is i am the only one supporting him. I was thinking to get statement from people at work? You think that will help?
We show a picture of his family as well, not long after us, he had this family. And all i did on his application is told them the truth. That he abandoned him long time ago as in he was a baby, never give a penny. Never contact my son. He just literally live 5 mins away. He also left Philippines long time ago. I tried to ask for support he blocked me straight away.
hi, yes we have solicitor from the day of his application. And gonna take him with us in the court i cannot do it alone. I am getting really worried.
