Absent Parent

[Tanith Greatrex Ball]

Hi All

 

I finally heard from my CO and the further info she needed was proof that i have permission to take my 17 yr old son to Oz with me and my hubby.

 

Our problem is this, the boys biological father has been absent since before he was born. I have no idea where this man is or how to get hold of him. He is not named on the birth certificate and my son has my maiden name.

 

I have emailed CO but its friday and im not going to hear from them until monday, im really worried this could jeopardise our visa.

 

Has anyone had the same or similar experience and what is the answer?

 

here goes another stressed out weekend, waiting on the whim of immigration :mad:

[Rupert]

I thought law in the UK permitted anyone over the age of 16 to choose for themselves. I would recommend you have a google around for proof of that statement and provide that.

 

Otherwise with all the tools at our disposal, surely you can attempt to track father down, I have found people that I have not seen for 20 years through Facebook.

[nic1171]

Oh heck! Have you had a stat dec stating this? Or filled in form 1229? I did and although just allocated a CO she hasnt asked for anything regards this yet so Im keeping my fingers crossed it was ok. My stat dec just stated that I had had no contact since my son was a year old, I didnt know where he (the father) is, that he was born before the hague convention and we werent married so that meant I had sole parental responsibility and my sons wishes were to migrate with me. He is 16 (17 in Jan). hope you get sorted

[Tanith Greatrex Ball]

Thanks for responses.

 

nic1171 when did you get your stat dec, where do i go to get one?

 

Rupert, will get on the old google box and have a good look. :biggrin:

[Rupert]

Thanks for responses.

 

nic1171 when did you get your stat dec, where do i go to get one?

 

Rupert, will get on the old google box and have a good look. :biggrin:

 

Try the Children Act 1989 section 9(6) and 9(7).

[memmymooch]

Not having the piece of paper in your hand shouldnt put your visa grant in jepody CO will generally allow time to sort it out, hopefully you can just do the stat dec but worse case scenario you go to court for permission which with your circumstances would be straightforward but take several weeks. My visa was ready to be finalised in nov with all police checks and medicals completed but was waiting on court process for kids which didn't get final hearing until mid march. CO just put everything on hold until had outcome from court no hassles. Visa granted soon as sent in relevant paperwork

[Parley]

I think I have read on here if the father is not named on the birth certificate and has 'no parental responsibility', then it is easier. You may not need his permission at all.

Just something to prove the above is true.

[Que Sera Sera]

I think a stat dec would work, basically a letter stating what you have told us witnessed by a solicitor. I ended up having to go to court but my ex was my Husband at the time of my 16 year old birth, Good luck.

[jodipodi]

You do not need permission to take a child aged 16 or over. Your CO needs reminding of the 'Hague Convention' |(which is a child abduction Law that no longer applies at age 16) as it is the Law. If you aren't confident enough to tackle this yourself (all you need to do is point out the UK Law) then get yourself a solicitor who knows what they're talking about or a decent Migration Agent because your CO is wrong- it would be beneficial to read up on this as many people seem to take what their CO says as 'gospel' when the majority of the time they really aren't clued up on the LAW. Lots of info out there regarding this....I suggest putting things like ....'fathers permission'...... 'leave to remove'......'do I need permission 16 year old'.....in the search bar at the top of the page