Applicants for a UK Spouse Visa, UK Fiancée visa or any UK Settlement Visa who plan to bring their children with them in the United Kingdom are allowed to do so but they have to file a separate set of application for the kids.
Children who file under this type of application must be the natural child of the applicant for the UK Spouse Visa or UK Fiancée Visa.
However, said child applicant must not be the natural child of the British sponsor. If the child is the son or daughter of the British spouse or fiancée, said child does not have to file as the child dependent of the applicant for the UK Spouse Visa or UK Fiancée Visa. This is because British Citizenship has already been bestowed upon birth.
Should this be the case, the child should instead file for a “First British Passport” at the UK Embassy in Makati City (this will be the subject of our ECO-Friendly blog in the following days).
The mother of the child applicant must always remember that the most important consideration that must be shown to the ECO in order to convince the latter that the child is eligible to join her as a child dependent is that the mother must be exercising "Sole Responsibility" over the child applicant.
ECO-Friendly stresses, that if the other parent (Filipino father) is still alive and likewise exercises custody and responsibility over the child applicant, the said child applicant is not eligible since the law specifically states that only the mother must exercise custody and control over the child applicant in order to be eligible for the visa applied for.
At all times, the most important consideration is the welfare of the child. Hence, applicant must always show that the trip to the UK is for the best interest of the child applicant, and if he or she were to be left behind in the Philippines, the safety, health or well-being of the child will definitely be affected.
Under Part 1 of the Guidance on Interpretation of the Rules of Chapter 8 Section 5A, as posted in the UKBA website, “…the objective of this provision is to allow a child to join a parent or relative in this country only where that child could not be adequately cared for by his parents or relatives in his own country. It has never been the intention of the Rules that a child should be admitted here due to the wish of or for the benefit of other relatives in this country."
This approach is entirely consistent with the internationally accepted principle that a child should first and foremost be cared for by his natural parent(s) or, if this is not possible, by his natural relatives in the country in which he lives. Only if the parent(s) or relative(s) in his own country cannot care for him should consideration be given to him joining relatives in another country. It is also consistent with the provisions of the European Convention on Human Rights, and the resolution on the harmonization of family reunification agreed by EU Ministers in June 1993."
ECO-Friendly states that it is thus very vital to demonstrate to the ECO (by attaching applicable supporting documents to the application) that the mother of the child (the applicant for the UK Spouse Visa, UK Fiancée Visa, or any other UK Settlement Visa) is the only person who can take care of the child, and if left behind in the Philippines, no one will be able to take care of the child.
As in most applications for the UK Spouse Visa and UK Fiancée Visa, one of the most vital documents in order to prove personal circumstances is the birth certificate duly issued by the National Statistics Office (NSO) printed in the Security Paper, certifying the authenticity and legality of the document. other documents which will prove "Sole Responsibility" as stressed earlier, must likewise be presented.
Also, the child must be under 18 years of age and is still unmarried and dependent on the mother for support, both financially and morally.