In UK immigration, the issue of sole responsibility is often encountered. The term "sole responsibility" refers to a situation where the parental responsibility for a child primarily rests with one parent. This differs from the usual family setup, where responsibility for a child's upbringing is shared between both parents, although not necessarily equally.
If a child's parents are not married, if they are separated, divorced, or if one parent has passed away, a child may qualify under the immigration rules to join or remain with one parent. This is provided that the parent can prove they have had "sole responsibility" for the child's upbringing.
Importantly, it is not sufficient to merely demonstrate that you are one of the child's parents. Instead, you must prove that, typically over a significant period, you have been the primary individual exercising parental responsibility. This article explores how to demonstrate sole responsibility and the evidence required.
Understanding Sole Responsibility
To demonstrate sole responsibility, you must show that you make key decisions regarding the child's upbringing, while also providing the majority of the financial, emotional, and practical support required. Examples of such cases include:
Scenario 1:
Parent A and Parent B were married and had a son, C. Parent B passed away ten years ago, and since then, Parent A has taken full responsibility for C. Two years ago, Parent A remarried a British citizen, D, who now wishes to relocate to the UK with Parent A and C.
In this case, Parent A may be deemed to have sole responsibility for C, enabling the child to apply as a dependent under Appendix FM of the immigration rules.
If a parent is living separately from their child and the child's day-to-day care is entrusted to a relative, the parent claiming sole responsibility must demonstrate that they retain overall authority over major decisions affecting the child.
Scenario 2:
Parent A has been the sole carer for her daughter, C, since birth, as the child's biological father was never involved. After moving to the UK on a Skilled Worker visa, Parent A entrusted the care of her child to her sister.
Despite the physical separation, Parent A has maintained full control over the child's upbringing, including financial and emotional support. Parent A could be recognised as having sole responsibility in this instance.
When Sole Responsibility May Not Apply
There are cases where sole responsibility may not be granted, even if one parent has had limited involvement.
For example, if the parent claiming responsibility has significantly delegated the care and control of the child to another person and does not maintain regular involvement in the child's upbringing, they may not meet the criteria.
Factors That Determine Sole Responsibility
Key considerations when assessing sole responsibility include:
- Duration of Separation: The length of time the parent in the UK has been away from the child.
- Childcare Arrangements: How the child was cared for before the parent moved to the UK.
- Ongoing Involvement: Evidence of consistent financial and emotional support provided by the parent.
Evidence to Prove Sole Responsibility
The type of evidence required depends on the circumstances of the case. Some examples include:
Scenario 1:
To demonstrate responsibility after the death of Parent B, Parent A could provide:
- A death certificate confirming Parent B's passing.
- Letters from the child's school showing Parent A's involvement in tuition payments and parent-teacher meetings.
- Confirmation from a healthcare provider that Parent A manages the child's medical appointments.
Scenario 2:
For Parent A, who left her child in the care of her sister, evidence would be needed for two periods:
Before Moving to the UK:
- Documents such as school reports, medical records, family photographs, and receipts for educational expenses.
After Moving to the UK:
- Chat logs showing Parent A giving instructions about the child's care.
- Records of communication between Parent A and the child, reflecting ongoing emotional support.
- Financial evidence, such as bank statements, showing continued contributions to the child's wellbeing.
Additional Considerations:
If a child's birth certificate was issued late (e.g., more than 12 months after birth), an explanation for the delay must be provided.
Supporting evidence, such as prenatal records or hospital letters, may also be necessary. In cases where no documentation is available, a DNA test report from a Home Office-approved provider could serve as proof of the parent-child relationship.
Final Thoughts
Every case is unique, and there is no one-size-fits-all list of required documents to prove sole responsibility.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
