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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Immigration Law
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I have Tier2 general visa me and my two daughters (6 & 3 years

Customer Question

I have Tier2 general visa me and my two daughters (6 & 3 years old) .. we got these visas when I was married to their mother, and the kids traveled with me and the mother did not come to UK and we divorced while I was here with the kids ... we agreed "friendly" that i will have the kids as she does not like to do so... No Egyptian court will give me neither the custody nor the sole responsibility EVEN if we agreed in written, & anyway the UK does not recognize the Egyptian court orders
we have been like 10 months now and the kids are going to schools and live normal life with me ,... & I need to apply for a new sponsorship because i will resign from my current company...which means that I need to apply for new visa for my kids as well.... i heard that UKBA will require "sole responsibility" court order which i cannot get.... is there a solution?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas Judge replied 1 year ago.
If the children are living solely with you in the UK then you can apply to the court for a residence order. This would simply be confirming the arrangement which already exists and this is the order which the UKBA will require.
Customer: replied 1 year ago.


But as per UKBA they asks ONLY for sole responsibilty NOT residence order

Expert:  Thomas Judge replied 1 year ago.
It is the same thing from an immigration perspective. If you get the residence order then that is sufficient for the UKBA.

Please RATE
Customer: replied 1 year ago.


But I contacted the the UKBA by phone and they mentioned that we only accpet the "Sole Responsibility" ....


And for the Resdience order.. how should I apply for it in Uk while my ex wife in Egypt? and how long does it take, and what should I do win this period while my kids here with me but without legal case (as their current visa will be no more valid if I changed my sponsorship?

Expert:  Thomas Judge replied 1 year ago.
Here is the reference in the rules for you

IDI July 2011 CH8 SECT5A – CHILDREN - ANNEX M
Under the Children Act 1989, Custody Orders have been replaced by Residence Orders. A residence order (or an existing custody order) should normally be accepted as evidence that the "sole responsibility" requirement of the Rules is met provided that it gives responsibility for the child to the parent who is settled here or being admitted for settlement.

It can take about three months, sometime longer. You apply in the family proceedings court

Please rate for the original question. Happy to continue to deal with your questions
Customer: replied 1 year ago.


Thanks for being patient, but yes I know that Custody Orders have been replaced by Residence Orders, but this is valid for any situation iside UK, but here below what is related to the UKBA:


 


(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:



(a) both parents are present and settled in the United Kingdom; or


(b) both parents are being admitted on the same occasion for settlement; or


(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or


(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or


(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or


(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care;


 


These are their roles, I I believe that I am underrole (e)


Expert:  Thomas Judge replied 1 year ago.
Yes I agree - and that is why you need the residence order to prove the arrangement.

Please remember to RATE so that I can continue to help
Expert:  Thomas Judge replied 1 year ago.
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