Canada to UK-Sponsorship Question

[MLH]

After years of discussing the possibility of moving from Canada to England, we are finally looking into it.

Wondering if anyone knows where I find more specific information on sponsorship -my husband is British and awaiting his citizenship here in Canada, so quite easy for us to apply for him to sponsor me, but the fact that I have a child (teenager) from a previous relationship is going to be an issue-I know.

I have read stories of people obtaining consent from the bio-dad and others where the step-parent adopted the child, neither of which are realistic for our situation.

My childs bio-dad opted out of signing the statement of live birth (despite being at hospital that day and was given the option). He has never been involved and we do not have any custody or child support agreements/court documents.

When we decided to go ahead with a legal name change (changed childs name to my married name), we did not have to locate him, obtain permission or inform him.

We did not have to provide any information about him on the Canadian passport to travel and he does not have to give me permission to leave the country with my child.

Anyone made an application for sponsorship with similar situation?

Or know where I can find more specific details?

I have no interest in starting the application process without some clarity on this issue...the last thing I want to do is to start transition planning with my kids-only to find out we are denied the right to leave the country...

Any thoughts would be appreciated.

Thanks.

[Joppa]

In that situation, I don't think you need a signed statement of the child's father consenting to moving to UK. But you need to send in documentary evidence why such a consent is unobtainable/unnecessary. Usually you have to establish the fact that you have had 'sole responsibility' for your child for a substantial period of time.
Look at http://www.ukba.homeoffice.gov.uk/si...-m?view=Binary Section 4.1 to 4.5 under 'Sole responsibility.'

[MLH]

Any thoughts on how to prove the absence of things like custody/child support/responsibility/ etc? What on earth would immigration expect me to provide (other than the above mentioned)?

Thanks for that link! Haven't seen any of that information yet!

Also-while I have you-I have read a bunch of information on here (today) about the savings amount of $105 above and beyond rent and council tax-is there something I can read about the financial/savings expectations for families hoping to move abroad?

Thanks again.

MLH

[Joppa]

Originally Posted by MLH

Any thoughts on how to prove the absence of things like custody/child support/responsibility/ etc? What on earth would immigration expect me to provide (other than the above mentioned)?

Thanks for that link! Haven't seen any of that information yet!

Also-while I have you-I have read a bunch of information on here (today) about the savings amount of $105 above and beyond rent and council tax-is there something I can read about the financial/savings expectations for families hoping to move abroad?

Don't get stressed over sole custody/responsibility business. Provided the UKBA can see you have been solely responsible for your child's upbringing, they will accept your explanation. Just a sworn statement from you explaining the situation, notorised/certified by your lawyer will probably suffice.

Under the current maintenance requirement, you are supposed to have £105.95 a week in cash left over after paying for housing and council tax, per couple. If you have dependands, as you do, you need to add £59.61 for the first child and £49.13 for each subsequent child. These rules are under review and sponsor's income requirement is expected to rise steeply sometime this year, may be up to £25,700 a year gross or £381 net per week.

See http://www.ukba.homeoffice.gov.uk/si...df?view=Binary, page 16 and 17 under Maintenance Requirement. This report at the end gives recommendations for revised rules.

[MLH]

Thanks so much! We really appreciate the info! It probably would have drove me mad and left me feeling like it wasn't worth the effort involved had I not found this forum.

So, these rules about maintenance-would that be what we make currently? Clearly we don't know what the future holds, so difficult to say what we will have left after paying rent/council tax in the UK...

Whilst there is some $ in saving, we would also need to use some of it for immigration (flights, shipping container, immigration fees etc).

Are they basing their assessment off of current or projected income?

We could definitely meet the criteria as it stands with what we make here in Canada. We make $85,000+ combined and I know they take current work details into consideration.

We both have a long history of stable employment/education/transferrable skills.

In fact, our 13 year old is even working a seasonal/pt job.

So there should be no fear that we would ever choose unemployment!

Hoping to get this sorted and be in the UK before the start of a new school year (so sometime this summer)...

Thanks again! going to look at the link!

[MLH]

Can someone tell me what form(s) I need to fill for my daughter and I? *see above explanation of her status

Am I applying for sponsorship for both of us on one application or 2?

What happens with my husband & other child? Are they applying for anything or do we assume that they can just enter the UK as citizens?

The youngest only has a Canadian Passport, but her father was born/raised in the UK. The worldbridge said that she doesn't require anything more, but I am having a hard time trusting any of the advice we received from them because it appears to contradict what we have read on the UKBA site.

We have had a hell of a time trying to discuss these things with WorldBridge. They truly are useless.

[Joppa]

Originally Posted by MLH

Can someone tell me what form(s) I need to fill for my daughter and I? *see above explanation of her status.

You complete online version of form VAF4A at http://www.ukba.homeoffice.gov.uk/si...isas/vaf4a.pdf. To complete it online, go to UK Border Agency | UK Border Agency in Canada English and choose appropriate form.

Am I applying for sponsorship for both of us on one application or 2?

You need to complete the same form, one for yourself with your husband as sponsor (read the guide for spouse), and another for your daughter with you as her sponsor (read the guide for child dependant). I'm afraid you have to pay two lots of full fees, so 2 x $1337.

What happens with my husband & other child? Are they applying for anything or do we assume that they can just enter the UK as citizens?

Yes. They are exempt from immigration control as they have right of abode.

The youngest only has a Canadian Passport, but her father was born/raised in the UK. The worldbridge said that she doesn't require anything more, but I am having a hard time trusting any of the advice we received from them because it appears to contradict what we have read on the UKBA site.

You should get her British passport before travel. If you just travel on Canadian passport, she will face a big hassle at UK border because she is British (dual national) but without British passport and they aren't supposed to issue leave to enter to a British citizen on her Canadian passport. Apply now to the High Commission in Ottawa.

We have had a hell of a time trying to discuss these things with WorldBridge. They truly are useless.

Never spoken to them so I don't know but I take your word for it!

[MLH]

Originally Posted by Joppa

You complete online version of form VAF4A at http://www.ukba.homeoffice.gov.uk/si...isas/vaf4a.pdf. To complete it online, go to UK Border Agency | UK Border Agency in Canada English and choose appropriate form.



You need to complete the same form, one for yourself with your husband as sponsor (read the guide for spouse), and another for your daughter with you as her sponsor (read the guide for child dependant). I'm afraid you have to pay two lots of full fees, so 2 x $1337.



Yes. They are exempt from immigration control as they have right of abode.



You should get her British passport before travel. If you just travel on Canadian passport, she will face a big hassle at UK border because she is British (dual national) but without British passport and they aren't supposed to issue leave to enter to a British citizen on her Canadian passport. Apply now to the High Commission in Ottawa.



Never spoken to them so I don't know but I take your word for it!

You should get paid for this Joppa! Thank you so much. You have been nothing short of amazing. x

[MLH]

Ok-So, here's what I have:

March 8, 2012

Attention: UK Border Agency
Visa Processing Agent

I, xxxxxx xxxxx xxxxxxx nee xxxxxx, have had and will continue to have sole responsibility for the care & upbringing of my biological daughter:

Name: xxxxxx xxxxxx xxxxxxxx nee xxxxxxx (hereinafter xxxxxx)

Date of Birth: xxxxx xx xxxxx

Address: xxxxxxxxxxxx
Toronto, ON

I, independently, assumed all legal rights at the time of xxxxx’s birth.

**I have the statement of live birth that lists me as the only parent.

xxxxxx has resided with me since birth and will continue to do so until she is of age and capable of caring for herself on her own.

I have made & continue to make all decisions regarding xxxxxx’s education, religion, health, overall care & wellbeing.

I have provided for xxxxxx financially without additional support until I met my husband xxxxx xxxxxx. We jointly care for our family now.

*** should I say when our relationship began? This one is messy for me because of his inability to work in canada when he arrived for years etc.

We have not been made aware of any custody orders, child support arrangements or court proceedings regarding xxxxxx.

***Maybe someone has a suggestion around the wording of this last one. I want it to be clear that we have not started any court actions and we have not received any notice that her bio-dad started any against us etc. So we do not have any legal documents between us.

Then of course I will get the lawyer to sign, date with location and seal etc.-Just wanted to run this past others that are familiar with the UKBA. I have a few weeks yet, so could tweak before setting off to the lawyer.

[Joppa]

It sounds fine. Let the lawyer read the draft and make any corrections. Is the lawyer aware of any custody/sole responsibility for your child? If you have any papers relating to it, you should take them along, though the attorney may charge for reading them!
It should be in the form of an affidavit.