Child Settlement Visa - Advise Please!

[upthetown]

Hi,

I am looking for some advice on obtaining a Child Settlement Visa, i.e. what documentation will be needed, what evidence is required and an idea on the process.

I have been reading Chapter 14 on Settlement Entry for Children, and I believe that this is the main legal provision that I need to concentrate on?

The situation is as follows:

My soon to be father-in-law has been married and living with his Thai wife in the UK for the last 5 years. His wife has a son that still lives in Thailand, he is 7 years old, and they are now wanting to bring him over to the UK to live with them. Her parents currently look after her son, but, having read Chapter 14 I believe that she would be classed as having Sole Responsibility, as the father is not involved.

I would really appreciate any pointers or advice, or at least confirmation that I am on the right lines....

Many thanks in advance.

Dave

[the scouser]

Dave ,

At various times, the courts in the UK have stated that "sole responsibility" is not to be interpreted literally, but is more a measure of a number of factors which identify one person as having control, influence and direction over the child's life. It has been found that it is perfectly possible for neither parent to have any responsibility in instances where both have abdicated this, and that it can lie with a third person with whom the child ordinarily lives. At the same time, the courts have found that just because a child lives in a different country from the parent claiming "sole responsibility" doesn't automatically mean that s/he has abdicated responsibility.

Essentially, the parent claiming "sole responsibility" has to demonstrate that the other parent has no meaningful part in the child's upbringing and, where the child lives with a third party, it is they themselves who provide the direction in the child's life. The visa officer would expect to see evidence of contact between your father-in-law's wife and her child, evidence of financial support, and evidence that she gives her parents instructions on how the child should be looked after. If she has a sole custody order, that is of assistance too, but is not the be all and end all.

Scouse.

[vinny]

See also 14.5 - "Sole responsibility" and AIT's TD (Paragraph 297(i)(e): “sole responsibility”) Yemen [2006] UKAIT 00049.

[upthetown]

Thanks for the replies, it is much appreciated.

I have one further query, is there any documentation that my father-in-law would need to produce? In terms of their marriage or anything else?

[the scouser]

It's not so much a question of your father-in-law demonstrating that his relationship with his wife is genuine, but that hers with her child is. Your father-in-law and his wife will, however, have to show, amongst other things, that the family has enough of an income and accommodation to take care of the child.

Scouse.