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Skilled Worker Dependent Step-child Request for Further Information

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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wandercraze
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Skilled Worker Dependent Step-child Request for Further Information

Post by wandercraze » Wed Jan 03, 2024 1:08 pm

Hi all,

I'm a skilled worker residing in the UK. My wife and step-daughter applied for partner and child visas. Following additional info email has been received for the daughter's visa application. My wife has legal custody of the child and we provided the following documents with the application.

- Guardianship certificate/court ruling
- Birth certificate of child
- Divorce certificate for previous marriage
- Marriage certificate
- Consent letter from biological father

Can anyone suggest what kind of additional information/documents shouls we provide in response to this email?

The UK Decision Making Centre is currently assessing the application submitted by the above named. We are unable to conclude the application at this time as we require additional information.

Your application is being assessed under paragraph SW 32A.1 with reference to CHI3.1 to CHI3.2 of Appendix Children. The Immigration Rules require that the applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a visitor) unless:

(a) the parent with permission as a Skilled Worker is the sole surviving parent; or
(b) the parent with permission as a Skilled Worker has sole responsibility for the child’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Skilled Worker.

You have applied to join or accompany your mother to the UK. You have stated your parents are separated but have not provided sufficient evidence to demonstrate that you meet points (a), (b) or (c) as above.

Please provide any further evidence, information or documents you would like to be considered in line with points (a), (b) or (c).

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zimba
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Re: Skilled Worker Dependent Step-child Request for Further Information

Post by zimba » Thu Jan 04, 2024 11:34 am

Your wife needs to demonstrate sole responsibility for the child.
Following are some of the factors that will be considered in assessing sole responsibility:

•Whether the biological parents are married/in a civil partnership
•If the marriage/civil partnership is dissolved – which parent was awarded legal custody
•If the sponsoring parent has migrated to the UK – how long have they been separated from the child and what relationship they have with the child
•If the sponsoring parent has migrated to the UK, the nature of the child’s care arrangements before and after they migrated
•Who bears the child’s maintenance costs and at what proportion
•Who makes the important decisions about the child’s upbringing, for example, where the child lives, which school they attend, etc

Check out the 'Sole parental responsibility' section in this guide: https://assets.publishing.service.gov.u ... stances.pd
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

wandercraze
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Re: Skilled Worker Dependent Step-child Request for Further Information

Post by wandercraze » Thu Jan 04, 2024 3:09 pm

Thank you @zimba What you said makes complete sense. We had already shared the court order awarding the mother guardianship. In reply to the email, we have written a cover letter stating the timeline of the relationship history, that the mother has been taking care of her, making her life decisions, and attached the court order again with the divorce certificate.

Update: The mother has received an email to collect her passport. It looks like she has been issued the visa. Let's see what outcome the daughter's application has.

Oheneba
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Re: Skilled Worker Dependent Step-child Request for Further Information

Post by Oheneba » Wed Jan 24, 2024 9:05 pm

any update about this and what was the outcome im facing the same issue

visitor89
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Re: Skilled Worker Dependent Step-child Request for Further Information

Post by visitor89 » Tue Feb 06, 2024 3:57 am

Hi did u receive the visa for your step child?

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