LA visa query filling in the parent questions when fostered?

[geordie mandy]

I am hoping some one may be able to help me with what to put.
Basically OH was fostered all his life, he changed his surname by deed poll to that of his foster parents. In this case do we put his foster parents down as parents, or do we put his natural parents names down? He Knows his natural mothers name and that she died when he was a baby but only know his fathers name but no other details.
Mandy

[Gollywobbler]

Hi Mandy

What does Hubby's long form Birth Certificate say, please?

Cheers

Gill

[geordie mandy]

Hi Mandy

What does Hubby's long form Birth Certificate say, please?

Cheers

Gill

It has his natural birth parents names down, his fathers occupation and where hubby was born. Apart from his birth certificate, all other legal documents have his foster parents surname which was changed before we were married, on advice from the family solicitor at that time
Mandy

[Gollywobbler]

Hi Mandy

OK. The natural Parents are named in the birth certificate. That is the relationship which DIAC are asking about. They are not interested in who looked after Hubby during his childhood because that relationship, legally, time-expired on Hubby's 18th birthday.

However one thing you should be aware of is that no matter how close Hubby's emotional relationship with his foster carers might be, it will not be possible for Hubby ever to sponsor one or both of them for a visa enabling his foster parent to migrate to Australia. It is a harsh law but DIAC will not accept that somebody might have two sets of parents even though this proposition is probably the truth when you take the emotional relationship into account. Migration legislation relies on what can be proven via DNA testing in order to determine where the family relationships are.

Best wishes

Gill

[geordie mandy]

Hi Mandy

OK. The natural Parents are named in the birth certificate. That is the relationship which DIAC are asking about. They are not interested in who looked after Hubby during his childhood because that relationship, legally, time-expired on Hubby's 18th birthday.

However one thing you should be aware of is that no matter how close Hubby's emotional relationship with his foster carers might be, it will not be possible for Hubby ever to sponsor one or both of them for a visa enabling his foster parent to migrate to Australia. It is a harsh law but DIAC will not accept that somebody might have two sets of parents even though this proposition is probably the truth when you take the emotional relationship into account. Migration legislation relies on what can be proven via DNA testing in order to determine where the family relationships are.

Best wishes

Gill

Thanks for that information, i wasnt aware of that. His parents have no desire to emigrate to oz , but if they did my FIL has a natural brother and sister in oz.
So when it asks for his 'natural' siblings, we know he has some but no details of names or anything else do we leave them blank? Unfortunaly the social service have been less than forthcoming about his natural family details
Mandy

[Gollywobbler]

HI again Mandy

I have had a quick look through your earlier posts. It seems that Hubby is transferring to the ADF and you will be moving to Darwin.

I understand that the drill in the ADF is that they have a person who actually handles the business of applying for the visa for you. Is this the case?

What really needs to happen is that a covering letter needs to be provided, explaining as follows:

1. Hubby's natural mother died when he was a baby. *

2. The natural father's name is known but no other information about him is known.

3. Foster carers provided by Social Services are the people whom Hubby regards as his "parents."

4. It is believed that Hubby's natural parents may have had other children but it is not known whether they are the children of both natural parents. Social Services in the UK never disclose this sort of information either to the fostered child or to the foster carers. It is impossible to obtain accurate information about this or indeed any real information. It is merely anecdote.

DIAC can live with this situation. It happens. There is nothing anybody can do about it. Forms cover most situations but not all situations.

When I dealt with my mother's Contributory Parent application several bits and pieces could not be dealt with adequately by the way the questions were framed in the form. Q57 (or summat) in the relevant form was the sweep up area. So as I went through the earlier questions I declined to answer the ones which did not fit the facts. I just put "See Q57." In Q57 I put "See covering letter." I dealt with the sweeping up in the covering letter because I was able to draft that in Word and so forth.

This is what needs to happen with you as well. The ADF person advising and assisting you should be the person helping you with how to explain the situation to DIAC. Has the ADF provided a "liaison person" for you?

* Hubby's natural mother. It should be possible to obtain a copy of her death certificate, which DIAC will request. The Registrar General of Births, Marriages and Deaths used to have an absolutely first rate website till some loons in Whitehall decided to provide an impossible to operate "service" instead. The loons provided this rubbish:

General Register Office (GRO) - Official information on births, marriages and deaths

Don't even bother to try. I just did. The bloody thing sends you on a circular Magical Mystery Tour. One would stand a better chance of emerging from the Amazon Jungle alive, frankly.

I do not have time to waste on idiot civil servants and their loopy ideas. Ring up the nearest funeral directors and ask for the phone number of the local Registrar of Births, Marriages and Deaths. Ring the Registrar next and insist on speaking with the organ grinder, not the monkey.

Explain the situation to the Registrar. Ask the Registrar to find out what you need to do in order to obtain a copy of the lady's death certificate. Local Registrars are extremely helpful in my experience. They do know their way round the new loon-inspired "system" and can sort it out for you.

Cheers

Gill

[_shel]

Thanks for this Gill, I've been stressing about some of this stuff too. I posted about it and wrussel believes I would just need to put the Council down as my 'parents' as they had PR.

I would never want to sponser anyone as parents or family. I'm just concerned I cant put details down for my family. I'm not even sure of my fathers 'real' name, just what he goes by as it's different on my birth certificate, mothers marrige certificate and what he actually goes by! I've done some family history on my mothers side but can not even find my fathers birth through GRO, he may have been born in Jamaica though the SSD did not believe he was.

What worries me is the form 80 specifically asks for people regarded as parents, foster parents etc that would be a very long list and not fully completed.

I also have 2 siblings who were adopted as babies who I can only put down birth names for. Of course the SSD will not release D.O.B or their adopted names to me. I actually applied to them for access to my files, which they have 'lost' not at all happy about that. I also believe my father has more children, again no relationship so no details.

[geordie mandy]

Thank you Gill for the invaluable information you have provided.
Im waiting to find out if the ADF do provide assistance for the visa application, if they dont then i feel it may be best for us to consult with an agent.
I really appreciate all the advice you have provided, as before looking at the paperwork it was something that had never entered our heads it would be a problem.
Mandy

[tomatohead]

hi , i just put my adopted parents names and included a copy of my adoption certificate , tom

[Gollywobbler]

Hi Shel

The Council is not a parent for goodness sake! It is a biological impossibility.

DIAC are looking for the biological relationship first. That is automatically a legal relationship as well unless the legal relationship between Child and Natural Parent is severed as a result of Child being formally Adopted by A.N. Other.

In recent years the English Court has come to dislike formal Adoption because of the fact that it severs the legal ties when it is not possible to sever the biological ties. It leads to a mess, with people trying to find out who their biological family are and other people - who know the truth - under constraint not to reveal the truth. It is thoroughly unsatisfactory for all concerned.

Aussie Immi Law has a different problem with it. The issue for Aussie Immi Law is that biological parents and siblings OR adopted parents (but not both) can potentially be sponsored for visas for Oz. That is the bit that they want to know about in asking about family relationships.

However if you don't know the facts and cannot discover them because of other legal constraints, DIAC accept this readily. Just include a covering letter explaining as much as you know and highlighting what you don't know. It is the best you can do and DIAC can live with it perfectly readily.

Cheers

Gill