Hi, I am an old, new(ish) to this site, I have registered a couple of years ago and lost my registration details but anyway I am back and would like to say hi and hello to fellow forum members on this site. My name is Joy and I am currently based in Manchester, been living here for nearly 8 years now, I first came here on a settlement visa (spouse) and my ILR was granted under domestic violence as my ex was a very violent man. That's now behind me as I am now happily married and got 2 kids and already got British Passport. What it is, for the past few years, we have been meaning to get my 2 kids (11 and 13) over to visit us first before applying for a settlement visa, perhaps some of the members reading this would ask why didn't I applied for them when I applied initially. 8 years ago when I applied for a settlement visa my then husband at that time was a bit volatile but when you love a person you sort of think we can do this and we will work this out but I didn't want to put my kids in a situation what if it didn't work? I didn't applied for them at the time and left them with my family as they will be safe and they are settled, they got good schools and they will be well looked after, and plus the fact when my visa got approved that's when all our problems just came out, he began emotionally blackmailing me, hurting me, to make it short, he has changed, for the worst. Got dragged onto a car, chased, locked up in a house, police got involved, I went into a secured accommodation and in the end the 2 years marriage ended up with a criminal record for him and I questioning myself what I have got myself into? Well, I always say, it is the past, I got thru that now and that's now in a distant memory. Despite of what has happened to me, I am still thankful as my path have crossed onto my present husband and like what I said, I am now in a happy and has stable life with 2 kids although there is still a huge piece missing. My kids from my previous relationship is still in the Philippines and I am so desperate for them to complete that hole. Despite of the distance, I always see to it that I visit my 2 other kids in the Philippines almost every year, communicated with them almost everyday, supported them financially and emotionally. Three years ago, we tried to apply for their visa before but then the unexpected happen, recession. As our business is solely reliant on investors buying properties, or remortgaging their properties, our mortgage brokerage suffered, the once lucrative business that made our life comfortable has turned into something that barely pay or wipe itself. Good thing we got properties and low interest rates that has helped us pay for the bills and not to rely on benefits. Also, three years ago, when recession was on it's peak, our company was tangled up on a massive property fraud, we got sucked up on the investigation process, accounts frozen pending investigation, banks refused to deal with us as they see us being susceptible to fraud, CPS says we are a victim and a witness, so needless to say we have been unlucky. So our plan of applying was pushed back, and the next best action was to visit my kids, max our credit cards and spend christmas with them and hope that this too will go past. And now, year 2013, we can now see the light, although barely visible, CPS and court have returned some monies to us, and we now have said, now is the right time as we feel we have waited long enough and I am now writing this long post to ask for help and guidance and opinion as surely my case won't be straightforward. To give you an insight regarding my kids' situation they are: 1. illegitimate, biological father has never been a part of their life 2. my husband and i support them 3. i plan for them to travel on their own, we have asked emirates airlines and they said that providing we pay for an adult airfare, clearances issues, they will do it as this is not a one-off thing, they are used to doing this My situation is: 1. salary is not really good at the moment 2. got savings and i don't have anything on my name at the moment 3. got british passport Situation of my husband: 1. self-employed director of a housing association 2. profit at the moment is NIL, although we are making a profit in the region of 50K, the past few years we have had a huge loss, hence we are able to offset and claim back all our losses 3. got 23 properties (including our home) 4. got disability (muscular hereditary dystrophy) 5. british 6. got good savings 7. have a good relationship with my kids in the philippines We are planning to apply for a visit visa for my kids, I have already sent a letter to their school asking for them to be excused for a week since we are planning to get them over during christmas and have said that this is the first time (in case we got the go signal) for them to experience Christmas in the UK. Although I will be writing a letter to support their application, my husband will be the one to support their application as he has all the money, his property (although I have rights on all the properties as we are married), we feel that because he can back it up (i.e. with his bank statements, mortgage statements) as they are all under his name, this would in a way put my kids application in a better position. Am I right on this or should I be the main sponsor, or my husband and I to be the sponsor? I am a bit confused as I don't know what is the best course of action. Any advice, opinion, would be greatly received/appreciated. Thanks everyone
Hi, Thanks Mystica for the welcome. I went ahead with their applications, their special visit visa as child visitor is due on 30 October at the Embassy, and I am having problems with DSWD already as they are asking for the fathers consent and it's like finding a needle in a haystack, finding a person who has been hiding is proving difficult.So needless to say whoever is in the same boat as me, do process your Travel Clearance ahead of time as some personnel at DSWD will be trying to justify their job, although I do appreciate that child abduction do happen but I just wish they look at it on a case to case basis. I have issued a Letter of Consent as I am not travelling with them, I can't believe the amount of paperworks I have submitted and I am now thinking what more if this is a settlement visa? I send it off to my friend in the Philippines and the documents itself weighed 2kgs! I don't know if there is anyone here in the forum who has experienced the same or in the same dilemma as I am. I know that when I do file for their settlement visa I will be questioned about the sole responsibility of my children and the documents I have saved has been kept and I doubt as I have been sending monies and my phone bills is ready if in case they need it. I would appreciate and would put my mind at ease hearing from anyone that has been there done that and they have been granted visas. All I can see in this forum is having a problem with the ECO regarding the other parents whereabouts and sole responsibility but never come across a success story (or maybe I am not looking hard enough) Appreciate your thoughts on my dilema. Joy
Hi Joy, I have a Family Visit Visa and since my husband is not a regular resident, we have 2 sets of invites - one from my father in law who is providing us accommodation and inviting me to visit them in the UK and another one from my husband who will be shouldering the finances. They both made the invitation letters, my FIL showed a proof of address, husband and I provided financial documents. As for the DSWD requirements, it is really required that the father would issue a consent if the child is leaving without him. In your case, maybe you can say that the father has abandoned the children since they are already 11 and 13 and has never been involved with them. Just an idea - maybe your husband can adopt your children so you won't have this kind of a problem in the future? I'm not sure how long or tedious this is but it can be an option. Goodluck!
Hi blue_acid, Thanks for your reply, I really appreciate it. Funny enough, my husband raised this issue about adopting the kids and when we saw the process we sort of got disheartened although now that you mentioned it, if all else fails that will definitely be on our agenda. Their biological father has abandoned them since 2002 and never attempted to make any form of contact. The sponsorship letter, we made it together (my husband and I) and we both signed it and explained why its only now and who is going to shoulder all the expenses. Thanks for the advice I really appreciate it.
Try to consult a lawyer in the Philippines because if he has abandoned the children since 2002, it's been more than 10 years and maybe that qualifies for abandonment already and would not need his signature for the DSWD clearance. Not to scare you, but I have watched some shows featuring Thai girls who has married a foreigner and the ex-husband of the girl or the father of her children refused to cooperate if he is not been paid a substantial amount to cooperate or sign off papers. It's a horrible experience but then it might be good to caution you. Adoption is a long and tedious process but if that would be for the good in the future when the kids will settle there with you, it might be worth a shot.
Hi blue_acid, Thanks for your reply, I have asked DSWD and they said he is still required and I said to my friend who is in the Phils processing this good luck to them locating him, so after several attempts of making them realise, faxing documents they finally said that I need 3 disinterested person to attest that the biological father has abandoned his kids and then get a certification from barangay that again he has abandoned his kids for 11 years now. I am getting peeved, I just want this over, it is frustrating, annoying as they say one thing and then do another thing. I have also consulted a lawyer in the Philippines and they too have said the same thing like you said that since he has abandoned the kids a certificate of abandonment would suffice. My husband did said that he won't be surprised if the ex would ask for money just to sign and this is also why I have apprehensions on investigating further where he is as I would just like sleeping dogs lie in fear of that situation. Thank you and I would definitely explore the adoption route and now have asked a solicitor's view on this. Take care.
Does the seven year "presumptive death " rule apply in child abandonment cases? Course if he turns up with his hand out some might think a Duerte-o-gram might be a cheaper option lol
Hi Keith, I wish it was, I have never laughed so much LOL! Unfortunately, DSWD even have the audacity to question if the father has visiting rights. Of course he does (NOT)! Needless to say they were very intimidating and has thrown a lot of questions, as if I should be the one that needs to make that extra effort to locate a person who has been hiding from us for 11 years! And they even said why didn't I contacted the original wife (as she emailed and threatened me) to ask his whereabouts so he can support my 2 kids! I didn't because I was earning good wage and he knew where my kids whereabouts, and if he did really wanted to support them he would have done so from the start and maybe I wouldn't be having difficulties processing their papers. Thanks for your reply, you certainly made my day!
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