If you emigrate to the United Kingdom with minor children, and you are divorced from their biological mother or father, you will need to prove that you have sole responsibility in respect of the minor children.
What is Sole Responsibility in terms of UK Immigration Rules?
Sole parental responsibility means that one parent has abdicated or abandoned parental responsibility. The remaining parent is exercising sole control in setting and providing the day-to-day direction for the child’s welfare.
It is important to note that:
- Sole parental responsibility is not the same as legal custody.
- Significant or even exclusive financial provision for a child does not in itself demonstrate sole parental responsibility.
- Where both parents are involved in the child’s upbringing, it will be rare for one parent to establish sole parental responsibility.
- Sole parental responsibility can be recent or long-standing. The authorities will scrutinise any recent change to make sure this is genuine and not an attempt to circumvent immigration control.
There are many ways one can assess whether the parent has sole responsibility. This assessment is a crucial part of any child-dependent application. Failure to meet this requirement will result in a visa refusal.
When Breytenbachs submit applications that involve minor children and sole responsibility, we diligently present the visa application along with a comprehensive argument to the United Kingdom Visa and Immigration (UKVI) in support of the application.
Moreover, instances arise in which a pertinent parent lacks this, albeit under exceptional circumstances. In such cases, the existence of these exceptional circumstances may warrant the admission of the child into the United Kingdom or the granting of leave to remain in the country. Your Breytenbachs consultant will be able to advise on your specific circumstances.
How Breytenbachs can help you
Breytenbachs often deals with cases where a parent must prove sole responsibility for a minor child. To navigate these complex immigration applications, it is advisable to seek professional assistance. Breytenbachs can provide expert guidance to ensure your application stands the best chance of success. Speak to a Breytenbachs consultant today.