22/11/2023
Of recent, the UKVI has been refusing a lot of entry clearance visa applications for child dependents of the those on Health and Care Worker Visas( commonly known as Cos). We call them Sponsors.
The most affected are those who are separated , divorced or never married.
Women tend to be in the majority of those on Health and Care Worker Visas hence this article is specifically directed at them.
It seems the main reason for refusal is the issue of sole responsibility.
Normally the UKVI would request the Sponsor to show that she has sole responsibility.
The Sponsor would submit lengthy representations, explaining how they have sole responsibility, including consent letters from the father of the child.
The submission of a Consent Letter, in our view is problematic. We say so because once you have sole responsibility , you don’t need authority from anyone on how you deal with the child.
Further some have gone to Court to seek custody of the concerned child and use that as proof of sole responsibility.
We don’t think that is necessary.
Our considered view is that the approach of the Sponsors when making submissions on the sole responsibility issue has been flawed and would normally not address the issue at hand.
The correct position is to firstly look at the statutes and case law governing child custody, guardianship and sole responsibility in Zimbabwe and make submissions on that.
Our law is very clear on guardianship and sole responsibility, and it is very likely that the UKVI is not aware of this piece of legislation hence the unreasonable refusals.
The onus is on the Sponsor to bring to the attention of the caseworker the existence of this legislation. We don’t expect them to know all our laws.
The second issue is to look at the UK Immigration Rules on sole responsibility and make submissions on that.
Lastly draw the attention of the caseworker to the interpretation of guardianship, custody and sole responsibility in both UK Immigration Rules and Zimbabwe Statutes.
We are of the view that the issue of sole responsibility is a technical matter, and the current legislative framework is very favourable to women who are divorced, separated or never married and with proper and sound submissions based on the applicable laws, they can be reunited with their children without the hassle of a consent letter or custody order.
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