Settlement Visa for 7 year old daughter born outside the UK

[rudolfmelissa0821]

Dear admins,

I would like to ask for an advise with regards to my friend. She is under settlement visa, she is married and has a daughter. However, her and her husband are not together anymore as her husband works in Kuwait and they have not really have the marriage anymore. They just do communicate for the sake of their daughter. They have not filed any legal separation or annulment. Both of them agreed that the daughter will come and settle here in the UK with her and the father has sign the consent form that he is agreeing to this arrangement. So she applied her daughter settlement visa and got denied. The refusal of enrty says, it is because why did my friend did not apply for her husband despite the fact that she has still contact with the father, and it also says that at the time she left for UK, she was not the sole care provider and responsible fro the daughter. It has also mentioned that she as a mother has not got an input with her upbringing. My question is: How will she be able to get her daughter despite the fact that both of them agreed that the daughter will live with her here and stay here in the UK and the father has agreed to that? any suggestion/opinion will be appreciated.

[noajthan]

Dear admins,

I would like to ask for an advise with regards to my friend. She is under settlement visa, she is married and has a daughter. However, her and her husband are not together anymore as her husband works in Kuwait and they have not really have the marriage anymore. They just do communicate for the sake of their daughter. They have not filed any legal separation or annulment. Both of them agreed that the daughter will come and settle here in the UK with her and the father has sign the consent form that he is agreeing to this arrangement. So she applied her daughter settlement visa and got denied. The refusal of enrty says, it is because why did my friend did not apply for her husband despite the fact that she has still contact with the father, and it also says that at the time she left for UK, she was not the sole care provider and responsible fro the daughter. It has also mentioned that she as a mother has not got an input with her upbringing. My question is: How will she be able to get her daughter despite the fact that both of them agreed that the daughter will live with her here and stay here in the UK and the father has agreed to that? any suggestion/opinion will be appreciated.

The parents may have to think about divorce &/or one parent relinquishing parental responsibility.

See some background on this type of scenario, here:
https://www.freemovement.org.uk/family- ... t-the-new-

[rudolfmelissa0821]

thanks for the reply noajthan!

[Obie]

If your friend is able to show that she has sole responsibility of the child and that the father doesn't, then she will be fine.

What is the nationality of your friend? and where was the child born?

[rudolfmelissa0821]

Hi Obie thanks for your response. She is a Filipino and has ILR. Her daughter is born in the Philippines. We were trying to find in this forum documents that she needed to prove that she has sole responsibility for her daughter. Have you got ideas? Thank you.

[vinny]

See also sole responsibility.

[rudolfmelissa0821]

thanks vinny!