Dear Mr Bassie,
Please let me know what I would need to show as proof to the British authorities if applying to go there to take care of my child. Any assistance would be greatly appreciated.
GD
Dear GD,
Persons must be able to prove that they are taking an active role in their child’s upbringing and that they plan to continue after applying.
Persons should send evidence that comes from the government, school, court or a medical professional and shows that they are living with or caring for their child. The evidence should be less than four years old.
Persons can use documents such as a letter from their child’s school confirming they take them to school or go to parent evenings; or a letter to the parent’s address from the local authority confirming the child’s school.
The parent may also use a letter from the child’s doctor, dentist, or health visitor confirming that the parent takes them to appointments; or court order paperwork confirming that the child lives with the parent or that he/she is taking an active role in their upbringing.
Please note that persons will need permission from the court to use court order paperwork as evidence in the application. Those persons should send written proof that the court has given permission when they are applying, for example, a letter from the court stating this.
If they do not have any evidence that meets these criteria, there is other evidence that can be provided instead. However, it is less likely that they will be successful in obtaining a visa in this case.
Other evidence that can be provided includes but is not limited to:
• A parental agreement drafted by an attorney-at-law and signed by both parents;
• A letter from His Majesty’s Revenue and Custom confirming that the parent is claiming child tax credit;
• Social services paperwork confirming that the applicant parent spends time with the child, or that he/she is applying for access.
Things like greetings cards, photographs and text or social media messages are not considered strong evidence of a parent’s role in a child’s upbringing and are unlikely to help the application.
Persons must also prove that they have a good knowledge of English and can financially support themself without claiming public funds. The caseworker will use the applicant’s income and housing costs to check if he/she can support themself.
If the child or any other dependents live with the applicant, the applicant must also prove he/she can financially support them without claiming public funds. Persons are advised to check the ‘information and evidence’ online, as to what they will need to prove their income.
Persons who do not meet the English language and financial requirements can still extend their permission to stay if the child in the United Kingdom (UK) is a British or Irish citizen or has lived in the UK for seven years, as it is considered that it would be unreasonable for them to leave the UK.
Persons can stay in the UK for two years and nine months on this visa. After this, they will need to apply to extend your stay.
If they extend their family visa or switch to this visa, they can stay in the UK for two years and six months.
Persons will need to prepare information and evidence to provide with their application, and how they apply will depend on whether they are in the UK or not. If they are outside the UK, they must apply online outside the UK, and they must also complete Appendix 5. Those persons within the UK must apply online in the UK.
Good luck.
John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com [2]