AY & J Successful in Achieving Entry Clearance for the Partner of a British Citizen and Her Son in the Case of An Absent Father.
We were approached by the sponsor, a British Citizen, working in the UK. He was soon to be married to his partner of a number of years, whom he met whilst working overseas. His partner already had a son when they met, and the father had been absent for much of the child’s life. The family grew close, and the sponsor had to spend a great deal of time abroad since the applicant was not able to visit the UK.
They wished to commit and settle as a family without the financial and emotional strain resulting from the physical distance between them. The sponsor approached A Y & J Solicitors for help on how to achieve that aim.
How AY & J helped our client achieve entry clearance
Proving genuineness of employment
Following an initial discussion, we were able to advise on the financial and adequate accommodation requirements. We were satisfied that our client would meet the requirements and advised on the documentation to provide. The sponsor spent time working remotely to be with his family, hence it was essential to provide a clear and factual outline of the circumstances of the employment; we worked with the employer to ensure this was transparent to the Home Office. It was important to show the genuineness of the employment since this could be a basis of refusal as we have seen often.
Satisfying the immigration rules on relocation of a child where the father is absent
Usually, a child can only relocate with both biological parents. In this case, the complexity lay in proving why one parent was relocating to the UK without the other parent and why the child should be allowed entry to the UK. The application needed to meet one of two legal tests – showing that either:
- The child’s parent has had and continues to have sole responsibility for the child’s upbringing, OR;
- 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.
With a wealth of guidance and case law on the above, there are rigorous tests to be met based on factual and evidential analysis, individual to each case. Our client had no legal documents which entitled her to full custody of the child – and the courts in the country of origin did not provide any such documents, due to religious and cultural traditions. We knew how much it meant for the family to be united in the UK without any delay, so the correct evidence and a strong application was vital.
The child’s father was absent for years, and the client was under the impression that this was sufficient since the sponsor had been taking care of the child for some time.
The child’s father was absent for years, and the client was under the impression that this was sufficient since the sponsor had been taking care of the child for some time. We advised that the strongest application would present a relinquishment of paternal responsibility and encouraged our client to reach out to the father, through his parents. The father was at first unwilling to put invest time in the matter, so we provided a tailored template declaration for him to sign off, which he eventually agreed to. We were able to supplement this with evidence of the factual circumstances of the Sponsor’s involvement in the child’s life. We drafted a detailed legal representation outlining the relevant Rules and case law applicable to the Applicant’s circumstances, outlining the reasons that the applicants both qualify to join the sponsor in the UK.
The Result: Our client and her son received UK entry clearance
After the lengthy consideration of UKVI, they received a successful decision. This was a great success and an invaluable outcome for the family. We were over the moon to have assisted and achieved this result for them.