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Topic: Step Kids Settlement  (Read 1820 times)

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Step Kids Settlement
« on: October 05, 2018, 09:26:13 PM »
Hi All,

My american wife is planning to apply with kids for Settlement to join me in the UK. The kids are from her previous marriage. However, she has full legal and physical custody of the kids. Are there supporting documents that needs to be submitted to ensure that their visas gets accepted?

Finance wise and accommodation is sufficient with terms and conditions of UK requirements.

Kindly advise.
« Last Edit: October 09, 2018, 01:16:53 AM by Rocky_Will »


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Re: Step Kids Settlement
« Reply #1 on: October 06, 2018, 09:45:25 AM »
Hi All,

My american wife is planning to apply with kids for Settlement to join me in the UK. The kids are from her previous marriage. However, she has full legal and physical custody of the kids. Are there supporting documents that needs to be submitted to ensure that their visas gets accepted?

Finance wise and accommodation is sufficient with terms and conditions of UK requirements.

Kindly advise.

She will need the custody orders, definitely.  She will also need the written consent of the children's father for her to move the children out of the state/US.  If he won't grant it, or if they no longer have contact with each other, she will have to petition the court for permission.
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: Step Kids Settlement
« Reply #2 on: October 06, 2018, 02:01:15 PM »
The sole custody order is based upon an agreement with the father where it stats they will leave the country. The agreement is notarized and there affvidat in place too. All this is part of the court order. The court order has the agreement attached to it. I presume this should be sufficient, wouldn't  it?
« Last Edit: October 06, 2018, 02:04:33 PM by Rocky_Will »


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Re: Step Kids Settlement
« Reply #3 on: October 06, 2018, 02:04:52 PM »
The sole custody order is based upon an agreement with the father where it stats they will leave the country. The agreement is notarized and there affvidat in place too. All this is part of the court order. The court order has the agreement attached to it. I presume this should be sufficient, would not it?

Yeah, that sounds good.  If it's explicitly stated in the order, then that's all she needs.
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: Step Kids Settlement
« Reply #4 on: October 06, 2018, 02:07:57 PM »
If i recall correctly. Yes the agreemnet stated that they planning to leave the country and such change should not be considered as an unforseen change in circumstances. And he agreed and signed that. So all good?

Thanks again for your quick reply.
« Last Edit: October 06, 2018, 02:10:04 PM by Rocky_Will »


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Re: Step Kids Settlement
« Reply #5 on: October 06, 2018, 02:22:38 PM »
If i recall correctly. Yes the agreemnet stated that they planning to leave the country and such change should not be considered as an unforseen change in circumstances. And he agreed and signed that. So all good?

Thanks again for your quick reply.

He agreed and signed it, and the court included that agreement in its order, so she should be good.  :)
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: Step Kids Settlement
« Reply #6 on: October 06, 2018, 02:29:33 PM »
Thanks a lot :)


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Re: Step Kids Settlement
« Reply #7 on: October 06, 2018, 03:40:09 PM »
And I’m in a weird place with priority with step kids at the moment.

For the past year, all applications with minors applying, get kicked out as “not straight forward” and take way too long to process while they check the validity of the custody order.

While we normally recommend paying for priority...  it’s tough as the priority doesn’t seem to do much with dependents.   :-\\\\


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Re: Step Kids Settlement
« Reply #8 on: October 06, 2018, 06:34:19 PM »
So are you saying with an agreement and court order in place. This is still not straight forward? We were planning to apply with priority. Please let me know if it's going to be a waste of money. It's a lot of money for all of them.


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Re: Step Kids Settlement
« Reply #9 on: October 06, 2018, 07:02:36 PM »
So are you saying with an agreement and court order in place. This is still not straight forward? We were planning to apply with priority. Please let me know if it's going to be a waste of money. It's a lot of money for all of them.

For the past year, every single person who has applied with a dependent has received the not straight forward email.  We suspect they are sent to someone specialised in child custody agreements to ensure the kids visas can be issued.

Priority is a personal choice.  There’s no denying that by paying for priority the application will be opened earlier than if non-priority.  If it’s then moved to someone else, it’s that much further ahead.

But the service standard goes out the window if the not straight forward email is received.

That’s all assuming you will get the not straight forward email....  it’s a crap shoot.   :-\\\\


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Re: Step Kids Settlement
« Reply #10 on: October 08, 2018, 06:59:08 PM »
This is what is written in the agreement. It should be sufficient right?
Both the parents agreed, signed and notarized this. It's part of the sole legal and physical custody court order she has as i stated before. Please confirm and thanks a lot for your help.

ii.   The parties acknowledge that the MOTHER anticipates relocating outside of the Tri-county area and agree that any such relocation shall not be considered and “unanticipated substantial change in circumstances.”
iii.   Should MOTHER relocate outside of the state and the parties are not able to reach an agreement on visitation arrangements, then MOTHER and FATHER shall participate in mediation with a certified Family Court mediator for up to four (4) hours prior to bringing any litigation to modify the within visitation schedule.  All mediation expense shall be the responsibility of FATHER.

« Last Edit: October 08, 2018, 07:02:48 PM by Rocky_Will »


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Re: Step Kids Settlement
« Reply #11 on: October 09, 2018, 01:15:49 AM »
May I ask how do you know that they need the consent of the father? I have been reading all the info:
https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members#pt8children

And they just ask for sole custody?

Please advise me.


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Re: Step Kids Settlement
« Reply #12 on: October 09, 2018, 04:22:25 AM »
May I ask how do you know that they need the consent of the father? I have been reading all the info:
https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members#pt8children

And they just ask for sole custody?

Please advise me.

You must provide evidence that the mother has sole responsibility (not necessarily sole custody) for the child (which includes that the father confirms this and that he has no objection to her taking the child to another country).

This is what you need to be looking at to see what information they consider:
https://www.gov.uk/government/publications/children-set07/children-set07#set78-what-is-sole-responsibility

And also page 38-39 of this document:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/701273/Appendix-FM-Section-1.0a-Family-Life-as-a-Partner-or-Parent-5-year-rou....doc.pdf

Someone last year had their spousal visa approved, but their child’s visa was refused because they did not provide enough evidence that they had sole responsibility for their child. They had to move to the UK without their child and apply for the child’s visa again a few months later... the visa finally got approved a couple of weeks ago.



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Re: Step Kids Settlement
« Reply #13 on: October 09, 2018, 04:38:05 PM »
From: https://www.gov.uk/government/publications/children-set07/children-set07#set78-what-is-sole-responsibility

The following factors should be considered in assessing sole responsibility:

"Sole parental responsibility means that one parent has abdicated or abandoned parental responsibility and the remaining parent is exercising sole control in setting and providing the day-to-day direction for the child’s welfare."

•Are the parents married / in a civil partnership? No they are not
•If the parents’ marriage / civil partnership is dissolved, which parent was awarded legal custody, which includes assumption of responsibility for the child? The mother is awarded that. Also in the sole custody court order, an agreement is attached to it.  This agreement stats the following:

1.    MOTHER shall have sole legal and physical custody of the minor children.  MOTHER shall have final decision making authority, including specific authority for immediate medical need.  Each shall have full access to medical, school and other records pertaining to their children.
2.    MOTHER and FATHER agree that the minor children’s physical residence shall be with the MOTHER.
5.    PASSPORTS FOR THE MINOR CHILDREN: MOTHER shall have sole legal authority to authorize the issuance of passports for any of the minor children.

The parties acknowledge that the MOTHER anticipates relocating outside of the Tri-county area and agree that any such relocation shall not be considered and “unanticipated substantial change in circumstances.”
iii.   Should MOTHER relocate outside of the state and the parties are not able to reach an agreement on visitation arrangements, then MOTHER and FATHER shall participate in mediation with a certified Family Court mediator for up to four (4) hours prior to bringing any litigation to modify the within visitation schedule.  All mediation expense shall be the responsibility of FATHER.

•Where there is a custody order the ECO should take care to ensure that the issue of a settlement entry clearance to the child will not contravene the terms of the custody order. See list for countries whose custody orders can be recognised as valid in UK (copy is available on this guidance page). USA is one of the countries.



The agreement attached to the custody order she has clearly shows that she has the final say in anything, physical residence with her and even issuing of children passports. It also stats that they both agreed that she and the kids are leaving the country. The father signed and notarized this and its part of the court order.

The mother have been looking after the kids since the separation followed by a divorce that was nearly 3 years ago. She moved the Kids house twice without the father intervention. The mother moved their school too without his intervention. She is the one who takes them to doc all the time and guide them. They have been living with her alone for the last 3 years.

The father is not involved in their children lives at all. He barely pays the child support and never see the kids.

Is not this sufficient? or do we need to provide further documentation?

Please advise
« Last Edit: October 09, 2018, 04:46:14 PM by Rocky_Will »


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Re: Step Kids Settlement
« Reply #14 on: October 09, 2018, 04:45:25 PM »
It also stats that they both agreed that they are leaving the country. The father signed and notarized this and its part of the court order.

Does it actually state that he agrees to them leaving the country (USA)? I just see leaving "Tri-county area " in the passage you quoted.


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