Most of the time, people ask me if it is possible to apply for their child’s UK family dependant visa WITHOUT applying for the child’s other parent. This happens when:
“Ayaw po kase ng asawa ko sumama sa UK dahil malamig daw”
“May work po kase asawa ko sa Pinas kaya hindi maiwan”
Whatever the reasons, the rule of thumb is: you must apply for the child’s other parent AND the child. Hindi pwedeng anak lang na hindi kasama ang other parent.
Now, is there a way that a UK mother can apply for the child without the child’s other parent? Yes. This falls under Sole Responsibility where the UK mother must prove that she is the one making the big decisions and control to the life of the child. There are three elements that the UK Visas and Immigration will look into: education, religion and medication /hospitalisation. I will explain one by one for clarity.
It may help you to consider these points:
- Who is the one looking after the child now? If it is the family side of the other parent, it will be difficult to prove sole responsibility. Mas easier na nasa family side ng UK mother ang bata.
- Who choose the school of the child? Who pays for the child’s tuition fees?
- Who decides what religion or faith the child will practice?
- Does the other parent plays a parental role to the upbringing of the child? Does he support financially or emotionally? Do they see each other? If yes, how often?
- Who supports the child financially and emotionally? Can the UK mother prove that she is interested to the child’s life?
- If the child has been sick or hospitalised, who decided which hospital or doctor the child will go?
- Does the child’s guardian consult the UK sponsor for things about the child?
Maraming mga UK Sponsor (usually mothers) ang nare-refuse dahil akala nila madali lang ang ganitong application. It is important to consult an immigration experts as this area of law is very complex.
If you are interested in instructing me, please email donm@queensparksolicitors.co.uk or call 0203 643 7508.