thats part of it. i remember one part that examines where the child lives--and who has day to day care--if it is a relative of the childs father--then the application should be refused. in my opinion--its a damn site harder to get a visa for a child than it is for a spouse.
The child aways with my family, all his school stuff, awarding it was my brother always there for him, even doctors appointment all sorts. They never been involved.
My solicitor said that what we only need to prove in court is the sole responsibility is mine.. which is hard, although they can see that i am sending him money all these years regularly.
Thank you everyone for helping me. I have a solicitor but i just wanted to know what else solid evidence i could present in court. If anyone been on this situation. Although i am trying to get a letter as well from his doctor, his paediatrician since birth to make a statement to help our case. And to other people like private tutor i contacted directly hired for him.
i think your case is a lot more likely to succeed than ours. My wife's son is 15 now--so we still have time on our side. Our next step is for her ILR application..hopefully get it granted before the end of the year--so looking at 2022 for her sons new application. Our main reasons will be the fathers mental incapacity--which is mentioned in the guidance as reason to approve the application, and the aunt who looks after the boy is getting on in years and recently lost her husband. UKVI DO refer back to the mothers visa history--in our case that she left her child with his father when she was here in the UK 2008-2012 with a student visa. ( the couple were separated by then ) . This was included in the refusal reasons.
of course you have sole responsibility--in philippine law--as you werent married to the childs father!
I also have screen shot messages with my brother regarding school, if its en, came as student 2011 but we separated back then, so he is always been with my family, ive got settled her in 2016 and went to see him straight away, i started working 2017, because i had a baby in 2016. But they never mentioned me being overstay tho
I have a feeling but yeah has to be positive that i am gonna win this, since we provided all his dad’s documents in the first place. Our mistake was did not provide documents of my brother that he is now married and trying to male for their living.
Update: I won in first tribunal. Hearing held 15 Nov 2021, received judge decision 6 Dec 2021. And the HO did not appeal. My son is coming to UK.
Hi. I received my kids refusal last week. Can I ask what documents did you provide about sole custody please. I’m on the same situation. Planning to make an appeal next week. Thanks
First of all never say a lie, kasi pag nag sinungaling ka sa statement mo, pag pinaikot ikot ka nila lagat na yon kasinungalingan. i have to prove na wala koneksyon sa tatay. Na ako nag dedecide sa school nya, health, kung ano oras ang play time etc, just like any parent na para kang nandon. Na ako lang nag susupport sakanya financially. Conversation ko sa nag aalaga, we have to get certified translator para don. Statement ng school, statement from private tutor na ako mismo nag hire including conversation namin na nag uupdate sya saakin. Translated in English, statement ng paediatrician nya since baby sya. All notarised. Remittance slip from 2012- present. Then statement ko. Madami kami na present and lahat ng nasa statement may proof. i think you need legal advice kasi nkakalito yan kapag sinabi na na mag padala ka skeleton argument.
lahat ng paper works na pinakita namin pati conversation ko sa nag aalaga, nakita nila na ako nag dedecide and updated ako lagi. Like for example may sakit sya mag ask sila sakin kung dadalin sa doctor, pag pasukan update nila ako ano kailangan. Mga ganon.
Sa grounds of appeal d pa hihingin ung mga proofs mo. Kumbaga i counteract mo sa geounds of appeal un mga sinasabi nila bakit refused. Solicitor ko kasi gumawa ng grounds of appeal, then barrister na pag inallow ung appeal.
