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Personal Timeline - Spouse & Step-Daughter Application

Discussion in 'UK Visa and Immigration Help' started by Stevembe, Sep 18, 2018.

  1. caricel
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    caricel Member

    Thank you. No father on the birth certificate so it should be a simple process then using
    settlement, settlement, wife (for me)
    settlement, settlement, child of a settled dependant (for my son)

    and for my IELTS I can be ok with Life Skill A1 I think?
  2. caricel
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    caricel Member

  3. Br28016
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    Br28016 Active Member Trusted Member

    Good news on the father front for the visa application. That said would recommend adding any evidence that you have on supporting your son and being responsible for him including decisions such as health care and education. The affadavit of solo custody is used as well by other people. We added one to our application as I had heard this was a tricky area and wanted as much as possible. If you have a sole parent ID also useful to add. We were both in the UK on a marriage visitor visa so put in place a parental responsibility agreement authorised by UK family court as well to add to the case.

    Looks good on the English test although need to make sure the test centre knows/knew it is for uk settlement visa. You then have to do the A2 for next visa application at the 2.5 year point and then B1 for the ILR at the 5 year point. Link to approved centres and tests are below. We highlighted the test centre and test in our application to make the point.

    https://www.gov.uk/government/publi...g-for-uk-visa-approved-english-language-tests

    One thing to be aware off is that the system will calculate the IHS charge at zero for your son. This is incorrect and a known bug in their system. There will be a subsequent email requesting payment within one week for the IHS payment. They will tell you in the email to that they have changed the category for your son to get round the bug.

    If you pay the IHS charge as part of the application process then will be charged in USD at an inflated rate compared to market rate and if credit card company charges forex charges then will take an additional hit. You should be able to pay in pounds using a work around which requires more work but will reduce the cost to what it should be.

    Still waiting to hear outcome of our visa application so would not claim to be an expert but hoping for some good news shortly.
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  4. singlefem
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    singlefem New Member

    Why must have sole custody stuff if only parent who else watch out for my kid!
  5. caricel
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    caricel Member

    I am currently on a tourist visa with my son here in the uk until February. I didn't get any sole responsibility documents when we applied for a tourist visa but I did provide evidence of being his sole carer. This included letter from his private school in the Philippines that he attended and all his school fees where met and paid by me, photographs with family. We got our tourist visa within 5 days.
  6. Br28016
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    Br28016 Active Member Trusted Member

    I would agree that it seems obvious and it seems logical that if you are the only named parent on the birth certificate then you have responsbility and for ilegitimate children in the Philippines the Family Code states that. However, based on what I have read on refusals I would not rely on logic to necessarily apply to Home Office decision making. On the subject of dependent children I would not take any chances.

    There is a significant risk that they will make assumptions if there is any evidence that the mother was not around for any amount of time and decide that the child can be cared for by relatives in the philippines or that the father may still be around. If the child was cared for by grandparents or other family members in the past then why can't they continue to do so if you have not provided evidence to the contrary - that will potentially be the Home Office line. It is safer to make a strong case for sole custody and add anything extra to show that you have responsibility for the child and look after him or her and that you are the person who makes key decisions for the child.

    It might not seem fair and might seem a waste of time but when we did our visa applications I added whatever I could to the supporting documents to make that point. This is the area of our visa application that worries me the most and my nightmare scenario is that my wife's application gets approved but one or both step children are not approved.

    Every applicant has to make their own decision on what to include as evidence but my view was add everything possible to make as strong a case that the mother has sole responsibility for the the child - most of that will either be available in which case add it unless it would raise furthur questions or make them doubt that you are solely responsible for the child. If it is not available then not a lot you can do although the affadvait of sole custody is relatively easy to get and also relatively low cost to the point why not add it - think about 400 pesos for lawyer to do in our case. It apparently carried more weight in decision making in the past but get the impression it is not necessarily enough these days.
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  7. Br28016
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    Br28016 Active Member Trusted Member

    That is the kind of information I was thinking off.

    Don't know what your plans are with your husband but have the potential if have birth certificate for your son with you to put a parental responsiblity agreement in place in UK Family Court to add to the case - you both have to go to the Family Court to sign it. May or may not add to the evidence for responsbility but at least would have UK court endorsement of who they consider responsible for your son.

    That said it is a legal document so you should be happy that you are giving your husband shared responsiblity with you for your son and which would be recognised in a UK court. If you don't want your husband to have that responsibility then don't do it. Don't believe it would be recognised in the philippines. At present you are the only person with parental responsiblity. We did it for non-visa reasons but was glad we did it when preparing the supporting documents.

    https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

    Don't know if you have done english test yet but should be able to do in UK and might be quicker or easier to do here - also reduces number of things that need to be done after you go back to the Philippines. My wife did the English Test here and meant that only needed the TB test for her and the children when we went back to the Philippines before we submitted the application
    Last edited: Jan 2, 2019
  8. Stevembe
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    Stevembe Active Member

    Currently in Manila but happy to answer any questions you may have when I get back on Saturday. As bigmac mentions others gain advantage of public posts on here and the advice given which has been of a huge benefit to me. If anything personal happy for you to pm me.
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  9. Br28016
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    Br28016 Active Member Trusted Member

    This was my list of documents which you may find useful. Caveat is that still do not have visa decision yet so may be missing something. When we do find out will post either way so you have a feel for what works and what might be lacking

    http://www.british-filipino.com/ind...isa-application-form-philippines-to-uk.16189/

    Useful post in understanding understands issues with proving sole responsibility. Don't believe relevant to @caricel as she has the advantage of not having the father listed but may be of interest to at @singlefem in understanding my view on need for caution and overproving the sole responsibility.

    http://www.british-filipino.com/index.php?threads/settlement-visa-application.16388/
  10. Davidb99
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    Davidb99 Member

    Hi Stevembe,

    Congratulations on your visas! It fills me with optimism for my situation!

    I'm currently living in Manila with my wife, daughter and step daughter and plan to make the move back to UK in August. Been in contact with immigration lawyer and they stated I needed some sort of documentation with biological father to give permission for 11 yr old step daughter to travel to UK? What documentation did you provide on this front?

    Thanks and congrats again

    Thanks
  11. Stevembe
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    Stevembe Active Member

    For me I provided an original signed letter of consent from the natural father that he has no involvement in the child's upbringing and that he is content for the child to reside in the UK. After the application was submitted we were asked to provide an additional official document e.g. passport that had his signature on it so they could authenticate it against the written letter of consent. Be aware though that in my case natural father is nor Filipino nor residing in the Philippines so depending on your situation i.e. if the father is Filipino there may be more required but I hope others can advise you on that one.

    As an aside are you in touch with an Immigration lawyer or an Immigration Adviser? There is quite a difference. To be honest, I don't think after my experience either is required, I done it all alone and saved the expense.
  12. Davidb99
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    Davidb99 Member


    Thanks @Stevembe
    The father is an American - living here but had very little to do with her up bringing

    In contact with an advisor - I have found them helpful but don't need them to process it for me

    Thanks again

    Dave
  13. Br28016
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    Br28016 Active Member Trusted Member

    That sounds like the scenario @bigmac had problems with although think his problem was that father was filipino but living near the child. @Stevembe had the advantage that the father was in another country so might want to think about how you deal with current location of the US father and/or his visa situation if not on settlement philippines visa.

    Assume the father's name is on the birth certificate - does the child have US citizenship and passport ? Might give some flexibility if have problems with visa application as US citizen's can visit for six months. Counterside if has US citizenship then can strengthen the arguement over the father having influence in the child's life. Don't know what your long term plans are but if does not have US passport might be worth trying to get the US passport anyway as may make life easier having that as well if make any trips outside the UK as potentially one less visa that need to get.

    Do need to make sure that any additional information that supports you and your wife looking after the child is included - schooling, religion, medical care.

    My wife is a member of a filipino group on facebook and when there are problems with visa applications they do post the refusal letters there for advice. It is for filipina's but she does tell me when she sees refusal letters and have taken to reading them to see what I can learn of the problems people have to try and avoid the same issues. Extract from recent one is below which you may find useful in planning the supporting documents and include examples of the points they had below. Refusal letter was for child.

    "Under the requirements of Appendix FM you need to demonstrate that your sponsor has had sole responsibility for your upbringing. You have provided no evidence which shows that your sponsor and/or your mother has had day to day responsibility for you. You need to demonstrate that your sponsor provides you with all the emotional, financial and other needs which you may and do have and that they can and do exercise full control over the major aspects of your life such as schooling, religion, medical care etc. As noted above, your birth certificate gives the name of your father as XXX. You have not given any details as to the current whereabouts of your father and what role if any, he has played in your upbringing. I am not satisfied that that there are serious and compelling family or other considerations which make your exclusion undesirable and that suitable arrangements have been made your care. I therefore refuse your application under paragraph EC-C.1.1.(d) of Appendix FM of the immigrations Rules (E-ECC.1.6.(b) and (c))."

    Best of luck.
  14. Davidb99
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    Davidb99 Member

  15. Davidb99
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    Davidb99 Member

    Hi @Br28016 - thanks for reply

    The father's name is on the birth certificate. I'm chasing him to get the USA passport sorted asap and we will get it done before we leave.

    I work at an international school here and as part of my package my step daughter attends the school for free and is included in my medical insurance. I will be able to get a document from the school that outlines this so hopefully that will help?

    Thanks again

    Dave
  16. Br28016
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    Br28016 Active Member Trusted Member

    I think that is very useful evidence as covers two of the big ticket items (education and medical) with you as Sponsor being responsible.

    With letter from father should be in with decent chance but from everything I have come across on this board and elsewhere children's applications are difficult. Anything that shows he does not and cannot have parental responsibility is useful. As I understand the law he has right to give the child his name and pay Maintenance assuming that your wife and the father were not married and that is about it.

    I think for child's future US passport is useful to have. That said doubled edged sword as proves fathers influence in child's life. I think in your situation would get it but definitely a risk. Something to think about.
  17. Davidb99
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    Davidb99 Member

    Hi @Br28016

    My step daughter does carry his name on her Filippino passport so maybe this could be an issue? I will go to DSDW and discuss with them what I need to do.

    I think I definitely need to get the USA passport but do I need to declare this to the home office? I could just apply for the visa from her Filippino passport?
  18. Br28016
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    Br28016 Active Member Trusted Member

    I checked my stepchildren's application form and there is definite question on whether you hold any other nationality so can't deny it as can cause problems downstream if lied on application.

    DSDW is good as would confirm that he cannot take outside Philippines without their authorisation and also answer the question of whether they would let him. Ideally get something from them on law that confirms she has sole custody.

    In an ideal world would have some form of court document declaring that your wife has sole custody but think this is difficult in the Philippines as under law she has sole custody so can't get court ruling of it. Catch 22 situation. UK law is different as he is named on birth certificate he has parental responsibility when the child is in the UK.

    We had the advantage when we did application that for oldest child the father whilst named had died and had death certificate and for youngest the father was not on the birth certificate.

    Hopefully others can add their experience and something close to your situation with details of how managed successfully.

    I think have to get US passport as buys time if have problems as would be able to travel to UK temporarily as US citizens can visit for six months without visa although could be tricky at immigration with your wife having settlement visa and you having British passport and child only having right to enter temporarily. Would not be able to go to school or use NHS either.

    Other option to consider is adoption but not sure if possible in time available in philippines. Would also mean loss of US passport and not sure if recognised in UK which would mean repeating the process again.
  19. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Not sure getting a US passport at this stage is a good move for a few reasons.
    1. Leans potential allegiance towards father.
    2. If child was to obtain a US passport and then a visit ,child would have to leave the UK to apply for child dependent visa (UK)
    3.Not sure how it would look from UKBA eyes Mother on spouse visa,child on US passport visiting then?(but certainly cant apply while in the UK)sponsor of mother no relation to child as yet.
    4.My wife and her daughter applied successfully for a US visit visa just prior to Christmas (wife is on 2nd FLR)(Daughter on first FLR close to second application date) my wifes cousin is on the early part of her FLR and got refused (the embassy stated that she did not have enough time in the UK to demonstrate loyalty to the UK and could be considered as using the UK as a stepping stone to life in the US) There is the potential for the UKBA and/or the the US embassy taking a similar view of child in the Philippines obtaining a US passport with a mother who is applying for a spouse visa in the UK and the child potentially overstays or mother at some point intends to use the UK as a stepping stone (very muddy waters)
    5.Reading your various posts you give the impression that time is on your side in terms of the childs age it would be far more straightforward to apply on the Filipino passports for both of them using the skills of the local DSWD and your reasonable skills with her father then once you have them both here and get them to the ILR stage then think about passport status.
    If the UKBA think they are being hoodwinked you might struggle with wifes visa application as well as the childs, and certainly do not get the US passport and try to conceal the status of holding 2 passports in any application,truth will out.
  20. bigmac
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    bigmac Well-Known Member Trusted Member

    Matt--can you tell me what DSDW is ?

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