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Immigration Warrior
Immigration Warrior, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 85
Experience:  Immigration Consultant/Supervisor at Chatham Chambers solicitors
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A child settlement visa has been refused on the grounds of

Customer Question

A child settlement visa has been refused on the grounds of questionable sole parental responsibility even though we have a court order , Do we have grounds for an appeal
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: no steps yet .only happened today. The child is South African and living in South Africa. His mother is British citizen and living and working in uk
JA: Have you talked to a lawyer about the visa?
Customer: Not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no I can talk now
Submitted: 16 days ago.
Category: Immigration Law
Expert:  Immigration Warrior replied 16 days ago.

Hi

Further to your e-mail, you can appeal the decision if you think the decision maker was unreasonable in making the decision. These applications are not easy and you normally have to provide evidence that you have been a part of the child's life since the birth and have been financially supporting them since the birth and provide evidence to prove that you have been responsible for the major decisions in their life. I enclose herewith the guidance in relation to the meaning of sole responsibility.

https://immigrationbarrister.co.uk/meaning-sole-responsibility-td-yemen-still-fit-purpose/

If you require any further guidance please do let me know.

Kind Regards

Customer: replied 16 days ago.
Thank you for your detailed and informative reply. The child involved is 16 living with his elderly grandfather and his own faher will not have him living with him and his new wife. Would it be better to apply for an Ancestral Visa as the child will be 17 in March2019
Expert:  Immigration Warrior replied 16 days ago.

Hi

Further to your e-mail, if here are compassionate and compelling circumstances as to why the child cannot continue to live in South Africa then the case can be argued in court.

In relation to an Ancestral Visa that is correct that he must be at least 17 and he will need to be seeking employment once he arrives in the UK. I enclose herewith the guidance in relation to the Ancestral Visa.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/845201/uk-ancestry-v17.0-ext.pdf

Kind Regards

 

Please do accept my answer.

Customer: replied 15 days ago.
Thank you for your response. We are investigating the ancestral visa route
Expert:  Immigration Warrior replied 12 days ago.

Hi

I would be very grateful if you accept my answer.

Kind Regards