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Reunite mother and child

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g1583766
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Joined: Sun Apr 12, 2015 3:21 pm

Reunite mother and child

Post by g1583766 » Sun Apr 12, 2015 3:41 pm

Hello,

I am writing to you on behalf of a friend who is in desperate need of help. Please understand the full situation and recommend the best route.

My friend is a British citizen, acquired via the Tier 2 route to citizenship. She has a boy, now 13 years old, from a failed marriage in Belarus, before she came to the UK.
She left him when he was 4 years old with her parents looking after him, as she would not be able to adequately maintain him with her earnings in Belarus. The father was not interested in supporting and has not been in contact with the son.The boy attends school in Belarus. She visits him twice every year for 2 weeks at a time. She leaves cash with her mom for him and purchases school supplies etc and parcels them across.

Her father (the boys grandfather) recently (1 year ago) suffered a stroke, he partially recovered from it but has been left dependent on the wife. This means the grandparents are no longer able to look after the 13 year boy. The boy is struggling with his studies and has developed some behavioural problems, does not go to school regularly and threatens suicide. The grandparents are no longer willing to look after him. His school has called in social services in Belarus and they have threatened to take the boy to a orphanage unless the mother is able to take full care of him and she will be fined for neglect. Social services have given her 3 months to sort it out.

The child does not hold a valid Belarussian passport at present and the passport services say she will need to be present in Belarus for them to issue same. This can take up to a month. If she takes a lengthy leave from her job (6-8 months) to sort this she may be transferred to a 0 hour contract with no fixed salary on her return, or her employment terminated in the UK.

She works in the UK as a care assistant (private sector) for the minimum wage, full-time hours. She lives in a bedsit (shared house) in an ensuite room. K itchen shared. She has savings of £5000 in the bank. She may not be able to afford a two bedroom house. She has made most payments for the childs schooling, clothes etc by cash to her mom. She has never claimed anything from the state and is supporting herself independently so far. She pays basic rate tax.

She would like to be re-united with her son in the UK. Bring him here so he can stay with her, attend school etc in the UK. Though, she may not be able to support him without some help from the state.

Returning to Belarus is not a favourable option for her. She has lost most of her contacts and will have to live in her parents house. She is from a small village and not many jobs. She will be forced into poverty. The country isn't thriving at present. If she stays unemployed for longer than 6 months she will be penalised by the state (as per new Belarussian law). Her case has become known in the village gossip and she is seen as a rich UK woman neglecting her child. There is a lot of nationalist politics on going and her working in the UK being known is causing a lot of jealousy and envy.

Ideally she would like to get him a valid passport and bring him here with herself asap. Then apply for indefinite leave while he is with her in the UK.

Please help.

g1583766
Newly Registered
Posts: 5
Joined: Sun Apr 12, 2015 3:21 pm

Re: Reunite mother and child

Post by g1583766 » Mon Apr 13, 2015 1:38 pm

bump.

Obie
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Location: UK/Ireland
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Re: Reunite mother and child

Post by Obie » Mon Apr 13, 2015 2:09 pm

You may be able to qualify under 297 of the Rules, if you are able to show that you have sole responsibility of the child.
Smooth seas do not make skilful sailors

g1583766
Newly Registered
Posts: 5
Joined: Sun Apr 12, 2015 3:21 pm

Re: Reunite mother and child

Post by g1583766 » Mon Apr 13, 2015 3:40 pm

Obie wrote:You may be able to qualify under 297 of the Rules, if you are able to show that you have sole responsibility of the child.
Thanks. How would such an application be made and where would she detail her circumstances. What form to fill?

Would you or someone you recommend be able to provide legal advice for her case, for a reasonable fee?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Reunite mother and child

Post by Obie » Mon Apr 13, 2015 11:29 pm

g1583766 wrote:
Obie wrote:You may be able to qualify under 297 of the Rules, if you are able to show that you have sole responsibility of the child.
Thanks. How would such an application be made and where would she detail her circumstances. What form to fill?

Would you or someone you recommend be able to provide legal advice for her case, for a reasonable fee?

What is your definition of a reasonable fee? and what region of the UK is she based.

The Sole Responsibility issue will need to be resolved.

The role of the mother in her life over the years.

Who was actively involved in the decision making in regards to this child.

Who was providing for his upkeep and proof of this.
Smooth seas do not make skilful sailors

g1583766
Newly Registered
Posts: 5
Joined: Sun Apr 12, 2015 3:21 pm

Re: Reunite mother and child

Post by g1583766 » Tue Apr 14, 2015 12:11 am

Obie wrote: Thanks. How would such an application be made and where would she detail her circumstances. What form to fill?

Would you or someone you recommend be able to provide legal advice for her case, for a reasonable fee?

What is your definition of a reasonable fee? and what region of the UK is she based.
Birmingham. A lot of the forms require proof, but do not state what proof would be considered adequate. Also do not discuss what leniency may be allowed perhaps outside of the rules. I understand the answers may be case-by-case basis. Hence my query about legal advice/consultation to help prep the application.

The Sole Responsibility issue will need to be resolved.
She has divorce certificate which mentions child. Child is with grandparents on mothers side. Social services have given written letter of their concerns about the child. (I will get more details of content of letter)

The role of the mother in her life over the years.
Not sure what you mean.

Who was actively involved in the decision making in regards to this child.
Mother and grandparents (mothers side).

Who was providing for his upkeep and proof of this.
Mother and grandparents (mothers side). What proof would be needed. As said payments were cash, but withdrawn before her travel dates from UK bank account. All travel dates are stamped in passport. Her entire immigration history is legal and within Tier 2 rules. Child has never been to UK or even outside his home country.

Thanks

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