Hi all, I am Paul my wife is Irene we have just arrived in the UK Coventry and looking to find help and support and give help and support to with other Filipino here. I am British Irene is Filipino
We were living in Bahrain and then Philippines, I see we have similar problems our daughter refused visa same as you
Yes true, by the way we supplied an affidavit but they (Sheffield that is) noted it but choose to ignore it, said they want a court document. Some information Executive Order No. 209, otherwise known as the Family Code of the Philippines; “In the case of separation of the parents, Parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child who is over seven years of age, unless the parent chosen is unfit.” (Article 213 of the Family Code of the Philippines) The mother of an illegitimate child has full custody of me under Article 176 of the Family Code of the Philippines; “Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their farther if their filtration has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father.” (Article 176 of the Family Code of the Philippines) That it is not required to go to court to establish what the law and the Supreme Court have already provided for. As the Supreme Court of the Philippines decision in the 2004 case of Briones vs. Miguel: “An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child in her company. The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care.” These can all be searched online
I think they are entitled to ask for court documentation, don' t forget you are dealing with UK decision makers who work to UK guidelines and may be at odds with other countries views such as your reference to the links above. You may be better placed researching your situation from a UK gov perspective rather than Filipino.
Yes I am aware that your posting was Filipino law! I have little doubt the UK respects the Filipno law for the Philippines but those laws are not enshrined within British law. Like it or not you need to comply with current British law and not what should or should not, could or could not be within.
Paul a few questions I take it from your posting your daughter is illegitimate? Is the father in contact with the child? I take it you want to bring her to the UK Has your wife got a " sole responsibility permit for the child?
@Mattecube yes she is illegitimate. We don't know where the father is, it is said from other people that he is an OFW but it is not sure he has not been involved in her life my wife and now both of us are her support she is with her grandmother Yes we tried for a visa same time as my wife my wife was granted daughter not My wife has no documents because when she asked for them in Davao all the departments said she did not need them because she was the mother of a illegitimate child and therefore by Philippines law had sole custody They would not issue a sole responsibility permit because they said she did not need one.
sorry to read your daughter has been refused...same thing happened recently with my wife's son ( hes 12 ). i cant help thinking UKVI are going hard line with kids settlement visas. edited--i just read your earlier post about our similar situation.
no--he is in the filis--being looked after by an aunt. his father lives in the same village--but isnt really involved in the boys life. the UKVI ECO refused on the basis his mother--my wife--has been out of his life for several years and doesnt demonstrate sole resposibility. we have taken legal advice--and will submit a fresh application in due course, rather than appeal.
@Mattecube they said even though they noticed the affidavit from my wife there was no court document stating she had sole custody and they felt that the father still had some influence in her life @bigmac I submitted an appeal as I am told can take 6 months to 2 years, but we are trying to locate the father to get an affidavit from him as we are told it can take up to 6 months and a heap of money to get a court order
the solicitor i consulted--phone interview cost me £116--quoted £2000 +VAT to represent us at the tribunal. this would likely to be in wales (ffs!)---actually advised us just to submit a new application--much quicker--cheaper--and gave us advice on what to include in the application to pre-empt the refusal reasons already encountered.
