Custodial Parent or Sole Custody?

Hello just thoguth I'd let you know my situation..
 My Fiance and I went to get my Fiance visa this past Thursday in person in NYC
I am divorced and have a 10 year old son.
 Things went very well for my visa, when it came to my sons. They asked to see my divorce papers that states that I have sole custody and that the Father does NOT have ANY visitation rights. Nor does he pay me child suopport.
I also had a notorised letter from the Birth Father that gave his permission that my son could live in the UK. even thou I have sole custody--
 
Now the lady at the Consulate said that is was a good thing that I had that info to show them as they are really getting strict about child visa's there was a new "Law" that just went into effect on the 12 of feb. that you now have to show proof that the child will be enrolled in school and be able to get health care. you can read more about it on the visa site..

anyway the lady said that if my son's birth Father had any right to visitation or paid me any child support they would NOT grant a visa as they will take no part in taking a child away from a Fathers right to visitation.

I hope this helps. I was glad I brought more paperwork than I needed. The women said if I hadn't they would not give my son a visa.
 Also my son's visa is only good if he travels with me. he cannont travel between the USA & ENgland by himself right on the visa it states to accompany Mother only.

 And my Fiance Visa is only valid for 6 months !! if we are not married and the home office doesnt change my visa to a spousel visa I could be deported ! The lady told me as soon as you get married make sure you send the passport back to the home office and she said it could take a month to get it back so make sure I had enough time.

I dont know if it helps you at all.  But I hope it does.
Melissa

I just got off the phone with "UK Visas" in London and got some very good news. The guy I spoke to was French, but very helpful all the same 

I explained the situtation fully, to which he simply replied "were your girlfriend and the boy's father ever married?", to which I told him they weren't, and there has never been a custody order in place, or any arrangement of visitation, he simply just walked out of his son's life and never looked back. At that point he said "ah, well...". He then went on to suggest that we gather as much evidence as we can that my girlfriend has "Sole Responsibility". This involves contacting Child Maintenance to get a statement from them that for the past 8 1/2 years my girlfriend's ex hasn't paid any child support, that every time they've tried to nail him down he has left his job and run away. The next part of evidence we need is proof that Nick actually lives with his Mum, he suggested the best way to do this is to contact his school and get a copy of his school registration. After all that, the best thing to do is write a detailed letter, including every detail in as much detail as possible.

He then said to "apply for the visa, because really I cannot see there being a problem as long as you have enough evidence documented to prove that the father has played no role in his life".



 

In my personal opinion after what I have just experienced, the bottom line in this is RING THE VISA OFFICE!!!


Rarely are two situations ever the same in every detail, there will always be some unique element in your visa application that only the PROPER PEOPLE can answer. This should only be taken as a guideline, you will NEVER get the proper answer to your personal situation unless you ring the proper authority and speak to the people who make the decisions. I just did and it feels great!

anyway the lady said that if my son's birth Father had any right to visitation or paid me any child support they would NOT grant a visa as they will take no part in taking a child away from a Fathers right to visitation.

I hope this helps. I was glad I brought more paperwork than I needed. The women said if I hadn't they would not give my son a visa.
 Also my son's visa is only good if he travels with me. he cannont travel between the USA & ENgland by himself right on the visa it states to accompany Mother only.

 

If that is the case, I am very glad I already have a visa for my 8 year old.  I have sole custody, though his dad is ordered to pay Child support and has visitation.

This new law will effect many and not in a good way for most.

All I can say is, this really contradicts what I have just heard this morning on the telephone straight from the horse's mouth. I can't see it myself. I can't see UK Immigration getting so personally involved as to make a comment like that anyway.

I just read the link below, nothing there states that a parent who receives child support or the other parent has visitation will not get a visa for the child.

http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=318

That's exactly right, Maddierose, if you have a letter of consent from the father himself, nobody else can say "no", especially not UK Immigration. I think it's just a case of everyone's situtation being unique that makes these differences.

This exactly describes my girlfriend's situtation.....


To qualify for leave to enter the United Kingdom the child must satisfy the Entry Clearance Officer that he/she is seeking to accompany or join a parent, parents or a relative under one (not all!) of the following circumstances:
 
both parents are settled in the United Kingdom;

both parents are to be admitted for settlement on the same occasion as the child;

one parent is settled in the United Kingdom and the other is to be admitted for settlement on the same occasion as the child;  - this one applies

one parent is dead and the other is settled/ to be admitted for settlement;

one parent has sole responsibility for the child's upbringing and is settled/ to be admitted for settlement - this is the one we've just found out applies to us!

one parent or a relative other than a parent is settled/to be admitted for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable, and suitable arrangements have been made for the child's care.

Yes, I do not see why a government of any country would not want a child to receive Child Support from a court order.  

I Luv My Brit,

I am glad that you received your visa and for your child.  Thank you for sharing what you experienced.

I just got off the phone with "UK Visas" in London and got some very good news. The guy I spoke to was French, but very helpful all the same 

I explained the situtation fully, to which he simply replied "were your girlfriend and the boy's father ever married?", to which I told him they weren't, and there has never been a custody order in place, or any arrangement of visitation, he simply just walked out of his son's life and never looked back. At that point he said "ah, well...". He then went on to suggest that we gather as much evidence as we can that my girlfriend has "Sole Responsibility". This involves contacting Child Maintenance to get a statement from them that for the past 8 1/2 years my girlfriend's ex hasn't paid any child support, that every time they've tried to nail him down he has left his job and run away. The next part of evidence we need is proof that Nick actually lives with his Mum, he suggested the best way to do this is to contact his school and get a copy of his school registration. After all that, the best thing to do is write a detailed letter, including every detail in as much detail as possible.

He then said to "apply for the visa, because really I cannot see there being a problem as long as you have enough evidence documented to prove that the father has played no role in his life".



 

This coincides exactly with what my lawyer told me! She said to get all of the copies concerning the matter that show there was never a custody order established, which by default gives me custody. She also said to get a history of child support to prove that he's never been a part of my son's life. Child Support couldn't track him down for YEARS. More proof that he wasn't around. 

Just be careful guys.

We have heard plenty of cases where 'the horses mouth' have been wrong....

...and even though a US lawyer may advise you that in US family law you have sole custodial rights, the rules for the issuing of a visa might be difference.

Victoria

All I can say is, this really contradicts what I have just heard this morning on the telephone straight from the horse's mouth. I can't see it myself. I can't see UK Immigration getting so personally involved as to make a comment like that anyway.

Sometimes the information you get from the 'horse's mouth' is the same quality as that you can get by asking a taxi driver.

Thing is, unless you ask a question that is absolutely straight-forward, they can't even know how to answer without asking lots of questions back.  And if it's a complex enough to where immigration law isn't the only factor involved, but there is also the Hague treaty on child abduction, then your enquiry would almost certainly have to be in writing in order to get reliable information.

It doesn't mean don't believe them, but we have already seen difficult situations arise.

That's a little pessimistic don't you think? After all, I spoke to the man myself, only I can comment on how I felt things went.

That's exactly right, Maddierose, if you have a letter of consent from the father himself, nobody else can say "no", especially not UK Immigration. I think it's just a case of everyone's situtation being unique that makes these differences.

Sure they can.  They can say 'no' to anyone.  A US family court judge may not like what she/he sees as far as a custody arrangement and so 'no'.  US immigration could become concerned at the check in counter and say 'no'.

These difficulties are part and parcel w/LDRs involving parties who have children from previous relationships.

As far as what someone tells you on the phone, get it in writing is all I can say.  I do some legal work, and although I'm by no means any expert, and if it's not in writing, well, it just doesn't hold up. 

It really does seem like you are all missing the key pieces of information from this particular case....


The father of this child has never shown an interest, has been absent for 8.5 of the 9 years of this child's life, never paid a penny in child maintenance, never lived with my girlfriend as a father, never been married to my girlfriend or been granted ANYTHING in any shape or form as far as any court or legal document is concerned.


That is what was discussed today, that is the information on which the opinion was made. The Immigration Officer I spoke to in London this morning perfectly concurred what the lawyer told my girlfriend in Florida yesterday.

I have also studied Law, that is a primitive principle of any contract or clause, to get it in writing, I'm aware of that. I was also an Officer in the Royal Air Force, so not green behind the ears either in terms of how to go about things and ask the right people the right questions. I'm not to keen on the use of 'no' being stressed in such a way, it sounds patronising. Today was really a cut and clean case, all I can say is that you would have had to be there to witness it.