Step Daughters UK Settlement Visa

[rob01792]

hi can someone advise me we going do a settlement visa for my step daughter on the 10th. who would be the sponsor is it me as i am a uk citizen or my wife who has a 2 yr settlement visa and has been in the uk for the past 9 months and has a job for the past 4 months part time

and what would we need to put on the sponsors letter

thanking you

[7by7]

It could be either of you, or both.

Probably simpler if you write the sponsor's letter, but remember to include details of both your earnings.

Sponsor's letter is very simple; no need to detail the history of the relationship as that is obvious! Simply a brief explanation of why she did not apply at the same time as her mother, why she is applying now and who has been looking after her in the meantime; include an index of the supporting documents and any thing else you feel will help the application.

You may find Settlement; Children helpful.

[vinny]

Don't forget about sole responsibility.

Annex M - Guidance General > 4. SOLE RESPONSIBILITY - PARAGRAPHS 297(i)(e), 298(i)(c ) & 301(i)(b )

TD (Paragraph 297(i)(e): "sole responsibility") Yemen [2006] UKAIT 00049.

[7by7]

Indeed, and I should add that my post above assumes that the girls mother has sole custody (or the father is dead) and that the mother has been exercising sole responsibility; that is the child was in her mother's care until the mother moved to the UK and has been in the care of the mother's family since then.

If so, then provided the maintenance and accommodation requirements are met the application should be straightforward.

If not, I'm afraid it's going to be complicated.

[rob01792]

yes my step daughters father died many years ago and we have copy of death cert would that be enough to confirm sole responsibility ? and she as been with her grand mother since my wife came over 9 months ago so we are going to state that my wife came over first to find job and a suitable school which we now have a letter off the school stating that there would be no problem enroling her once in the uk

thanks

[7by7]

The father's death certificate is enough to show sole custody, but, as you can see from the links provided, sole responsibility is different and a lot more important; though from what you have said tis should be straightforward for you.

Say that she was living with her mother until her mother moved to the UK, and provide any evidence of this that you may have. Provide evidence of contact between mother and child while they have been separated and anything else to show that the mother has been taking the major decisions in the girl's life.

As they have only been apart for 9 months, I don't really foresee a problem; it is when parent and child have been separated for several years that this becomes a real issue.

[rob01792]

hi would i give a description of sole responsibility on the sponsors leter or do another letter explaing. we dont really have proof of that just copys of phone bills as for money we left there when we where there to save on banking costs

thanks

[7by7]

Yes, I would explain the exact situation in your sponsor's letter, including the financial provision you made, and include phone records to show that your wife is speaking to her mother regularly about the child.

[sumrit]

It wouldn't do any harm to include a Kor Por 14 in the application. I know that it's a Thai document but I also know that, in some applications recently, the Embassy have even asked for one.

It's basically a sworn statement, made by the mother and two witnesses at the local Amphur in front of a Government official, giving a history of the child's life and including things like where they have lived, who has custody, who has financial responsibility and who has the day to day responsibility for the decision making in the child's life. The witnesses should be responsible people who know the mother and child's situation.

It's probably a bit like making a sworn statement in front of a solicitor in the UK.

And, if she hasn't already got one, you may need a KP 14 to get your stepdaughter's passport. I know that it's a requirement if one parent is applying for their child's passport and there's no court/official documents available to show who has custody in Thailand.

Edited January 2, 2010 by sumrit

[rob01792]

thanks to all for the good advice

[grayfield18]

Hi

My position is slightly different.

My wife is in the UK since Nov 5th 09. She is on a spouse 2 year visa.

She has a son aged 8.

The father has had no involvement at all.

A document has been sworn before the local mayor to assert sole responsibility.

The son is in the regular care of a sister in the home town, whilst my wife supported him from Bangkok where she works and regularly visits. She also has the care of him in Bangkok during the school holidays.

All the financial aspects of his life are dealt with by her and now by me as she is not working in the UK.

All the decisions are made by her on his school etc etc.

They are in regular - daily contact on the phone.

I have done a sponsor letter, but now thanks to the postings above have read the UKBA guidance.

I have met the child on regular occasions and we have holidayed together. We got married in Thailand and there are lots of photo's etc of us together as well as my parents and English friend who came to the wedding.

I will amend the letter as it has not gone to the embassy in Bangkok yet.

Is there anything else that people might think helpful to mention.

I have been a bit worried by other "experts" telling me that it is impossible as she does not have permanent leave to remain.