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Posted

hello

i will be applying for a settlement visa for my step-child to come and join us in the UK. i am abritish citizen and my wife was granted ILR in December last year. my wife came to the UK 7years ago from zimbabwe and claimed asylum which was refused but was never sent back because Zimbabwe was considered as an unsafe country by UK home Office. we got married in 2004 and her application was considered only last year when she was granted ILR under the legacy programme. me and my wife will be going to zimbabwe in 3weeks time to apply for entry clearance for my step-daughter. my step daughter has got no father on her birth certificate and she has been using my wife,s surname since birth as well as on her passport. we have got evidence for the past 5 to 6years which shows that we have been sending money ,clothes, calling ,sending x-mas cards and birthday cards every single year,. we also tried to apply for visitors visa in 2004 and 2005 and was refused because my wife was not settled yet. do you think the sole responsibility issues will be met with the evidence that we have. also we are renting a 3bedroom house and we are both working full time jobs and i have got savings of about 6000pounds. my yearly salary is 24000 and my wife get 800ponds after tax a month so i think we will be able to show that we can maintain my step-daughter with no recourse to public funds. one other thing, my wife sister who used to look after the child on holiday has recently moved to south africa with her family as a work permit holder . my daughter has been at bording school since she was 8years old.

please help i know my wife will be depressed if my step-daughter visa is refused. i know the sole responsibility issue is complex but your help will be much appreciated

thank you

Posted

See Chapter 14 - Settlement entry for children. Para 14.5 deals with sole responsibility.

Basically, simply sending money is not enough. She will need to show that she has been in regular contact with the child and whoever has been looking after her and has been making all the important decisions regarding the child's upbringing, schooling etc.

I would also write a covering letter explaining why she has not applied for settlement for her daughter before and why she has decided to apply now, how the situation has changed etc. I appreciate from what you have said that this is obvious, but remember what seems obvious to the applicant is not always obvious to the ECO! Better to tell them something they don't need than to miss out something they do.

  • 1 month later...
Posted

just wanted everyone to know that i am back with my step-daughter to the UK. she was granted ILE within 2 weeks in Pretoria.

thanks everyone and god bless

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