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Ask CharlotteSJ Your Own Question
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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Hi Was wondering if you shed light on my situation. My wife

Customer Question


Was wondering if you shed light on my situation. My wife who is south african and is currently in south africa recieved her spouse visa to join me in the Uk. However, her son did not because we submitted an abridged birth certificate that did not display his natural fathers details. His natural father has been traced and is also british living in Britain and is will to help. My question is we have prepared a letter including all his details, passport no, birth date, place of birth, occupation ect.for him to sign in the presence of a GP that will be also countersigned. Will this be accepted as sufficient proof for the appeal process.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 5 years ago.
You would need a letter from the natural father since he is still alive confirming that he wishes for the child to move to the UK, but you will also need to supply a full birth certificate if possible showing the parents names. Otherwise it could be anyone writing the letter. Without this, a judge is likely to have concerns about whether the requirements of Rule 297 of the immigration rules are met.
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Customer: replied 5 years ago.

Thanks for your response,

In cases where the natural father is untraceable, what happens then? Does there have to be addition information supplied.





Expert:  CharlotteSJ replied 5 years ago.
If the father is untraceable then you would still need the birth certificate with his name on and an explanatory letter or statement from the mother detailing why he is not giving consent, when was the last contact, what efforts have been made to find him etc. Basically you would just need to show that he is not in the picture and that sole responsibility rests with mother. This should then suffice.

Thank you for your prompt accept.
Customer: replied 5 years ago.



thanks again, just thinking about the appeal process, can there be an extension to the 28day dead line provided we supply evidence that there has been tangible progress been made in contacting the father. We will be submitting a letter from him explaining the situation and will also explain that we are in the process of adding his name to the birth certificate.

Expert:  CharlotteSJ replied 5 years ago.
The 28 day deadline is only to submit your actual notice of appeal to the Tribunal. You do not need to send in all your supporting evidence by this date. The supporting evidence will need to be served on the Home Office and Tribunal 5 working days before the hearing which if it an out of country application, will probably not be for at least another 4 or 5 months. You have plenty of time to gather evidence but the key thing at this stage is to lodge your notice of appeal along with the refusal at the Tribunal before the 28 days is up.

Thank you.
Customer: replied 5 years ago.

thanks again,

Keeping all options open, Is it possible to submit a fresh visa application once all necessary information ha been collected, even if we decide to submit a notice of appeal?


many thanks

Expert:  CharlotteSJ replied 5 years ago.
It is possible and then if your application is successful you can withdraw your appeal or if it is refused, you can appeal against that as well and have then both heard as joined appeals.
Customer: replied 5 years ago.

Thanks again.

The appeal forms that were given to my wife in south africa are suppose to be returned to a UK address. If so, will the appeal be quicker if done in the UK rather than in South Africa? Or is the application still considered 'an out of country' application even if submitted in the UK, considering the original application was made in south africa?



Expert:  CharlotteSJ replied 5 years ago.
What determines whether the appeal is in or out of country depends on where the applicant is. You wife is in South Africa so it is an out of country appeal. Yes, it is quicker just to send the appeal straight to the Tribunal in the UK.

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