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Posted

Hi all, first time posting on here so please go easy on me if I forget to include something obvious. The situation:

 

I'm just about to start the application for a family visa for my Thai wife and 12 year old stepdaughter to join me in the UK. I'm comfortable with all of the evidence and supporting documents required for my wife, having been through much of the process before with visitor visas for her to come here. Also, I've read all government guidance and am comfortable with the clear and 'tangible' requirements - financial proof, accommodation proof, legal documents etc etc. What has me worried is what supporting evidence I can present to the ECO in order for them to approve my stepdaughter's visa? Key points:

 

  • Wife has 2 kids with ex husband - 16 year old boy and 12 year old girl
  • Stepson doesn't want to come to UK, plus it would be very problematic with education because of his age so he's not coming
  • Parents divorced 9 years ago. With the divorce documentation is a declaration that the ex husband has custody of the boy and my wife has custody of the girl
  • The boy has lived with paternal grandparents for most of his life. The girl lived with her parents, then upon divorce with my wife and her family, then about 5 years ago went to live with paternal grandparents also as better schooling available
  • Wife has always supported the kids financially, visited regularly and had kids to stay with her during holidays
  • Wife maintains very good relationship with former in laws (as do I - they're good people) and amicable with ex
  • Ex husband has been in jail for the last 5 years for drug offences. Wife would take kids to visit. Just been released a few months ago but now lives with his brother in another province about 6 hours from parents. Still speaks to kids on the phone regularly

 

All parties, including the ex husband, are happy for the daughter to come to the UK. However, everything I'm reading is leading me to believe that I'm going to have a mammoth job proving that in the application, regardless of the custody declaration. Any suggestions on what strong evidence I can provide?

Posted

I think that you need some professional help with this application. It is not as simple as visit visa application.  Your wife must demonstrate that she has sole responsibility for her daughter. Documents don't necessarily evidence that, although evidence of custody is also important. From what you have said, it looks like there has been some shared responsibility and possibly still is. That could easily lead to a visa refusal.  

  • Like 1
Posted

You have done the right thing by asking first - had you made an application first you may have provided information that will not help your case at all.  As Tony says above, your wife has to demonstrate 'sole responsibility' - that does not mean that her daughter has to live with her although clearly that would be easier.  She has to show that she has 'sole responsibility' over all the decisions in the child's life - even if that's carried out remotely.  I would agree with Tony, if you have no experience in these matters - seek professional help.  A professional will know how to present your case - including relevant information and exculding that which could be unhelpful.

Posted

Thanks for the replies both. It's exactly this issue of proving sole responsibility that I'm worried about. Heeding your advice I've booked a consultation with an immigration adviser later in the week and we'll see what their view of life is. 

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