torrentkid Posted March 20, 2014 Share Posted March 20, 2014 I am facing a weird issue here. My wife's ex-husband has legal custody of their minor son (6 years) and she has only visitation rights. * Should I still put him as a non-migrating dependent ? * The kid doesn't have a passport and his father doesn't want to apply for one now. Without his passport, I can't generate a HAP ID for his medicals. What are my other options ? * Do we need to get his medicals done ? Link to comment Share on other sites More sharing options...
memmymooch Posted March 20, 2014 Share Posted March 20, 2014 Hi I had this same issue with my 2nd eldest who lives with her dad and was not migrating with us, I had to include her on the form and either have a medical performed OR show evidence that had requested it from other parent who had refused request. I sent letter via solicitor and he rang and said no which solicitor prepared letter to that effect. CO perfectly happy with that Link to comment Share on other sites More sharing options...
Rupert Posted March 20, 2014 Share Posted March 20, 2014 I am facing a weird issue here. My wife's ex-husband has legal custody of their minor son (6 years) and she has only visitation rights. * Should I still put him as a non-migrating dependent ? * The kid doesn't have a passport and his father doesn't want to apply for one now. Without his passport, I can't generate a HAP ID for his medicals. What are my other options ? * Do we need to get his medicals done ? Children are always dependents, so yes he is a non-migrating dependent. Is there any reason your wife cannot apply for a passport for him by herself? Or if you explain what it is for and offer to pay, will he still not budge? If so, perhaps you could ask him to write a letter confirming that he will not allow child to have passport or medical. Link to comment Share on other sites More sharing options...
torrentkid Posted March 21, 2014 Author Share Posted March 21, 2014 He definitely isn't bothered about the payment. He's okay getting him go through his medicals, just that he won't be able to appear for applying his passport. Yes, he is willing to write it on a paper and sign it if needed that he is unwilling to apply for a passport. But it doesn't make any sense to get passports for even non migrating dependents. Isn't it? Not everyone would be having one or willing to apply for one just for the main applicants sake. Link to comment Share on other sites More sharing options...
torrentkid Posted March 21, 2014 Author Share Posted March 21, 2014 And to apply for the kids passport both the parents should be present since he is a minor. Link to comment Share on other sites More sharing options...
torrentkid Posted March 23, 2014 Author Share Posted March 23, 2014 Can anyone help me out? Link to comment Share on other sites More sharing options...
Rupert Posted March 23, 2014 Share Posted March 23, 2014 Can anyone help me out? Was there something wrong with the answers above? Link to comment Share on other sites More sharing options...
torrentkid Posted March 23, 2014 Author Share Posted March 23, 2014 Err.. No.. I'm just confused. Applying for his passport is out of question. Can I get the medicals done without his passport? Link to comment Share on other sites More sharing options...
Tappers2oz Posted March 23, 2014 Share Posted March 23, 2014 I thought passports just got written on a form and stuck in the post? So surely all the father has to do is countersign a form if necessary? Link to comment Share on other sites More sharing options...
Rupert Posted March 23, 2014 Share Posted March 23, 2014 Err.. No.. I'm just confused. Applying for his passport is out of question.Can I get the medicals done without his passport? And there are suggestions as to what you could do, and what somebody else did in a similar situation. Have you read the replies? Link to comment Share on other sites More sharing options...
torrentkid Posted March 24, 2014 Author Share Posted March 24, 2014 @Rupert: I understand that we can get an affidavit from his father (who owns his legal custody) mentioning that he is not allowing for his passport/medicals. I have made a rough draft here that will be made into an affidavit. Can someone correct or add something I am missing here, just in case? I XXXX (biological father's name) solemnly declare and affirm as follows: 1. That I am the father of YYYY (Name of minor child) who is a minor child and is under my legal custody. 2. That currently I am the only one who is taking care of YYYY. He is exclusively in my physical custody and as such I cannot allow him to either obtain a passport or go through any medical tests unless required for myself. 3. I also affirm that I cannot allow him to migrate with his mother, whatsoever, who doesn't have any legal custody rights as per our divorce decree. Link to comment Share on other sites More sharing options...
torrentkid Posted March 24, 2014 Author Share Posted March 24, 2014 @Tappers2oz: Yes. I wish if it were like that. But here in India, it isn't like that. A minor has to be accompanied by his parents with their passports and since now they are separated, it is more complex. But of all, his father is not agreeing to let my wife apply for his passport since he has the kid's legal custody. Link to comment Share on other sites More sharing options...
Tappers2oz Posted March 24, 2014 Share Posted March 24, 2014 @Tappers2oz: Yes. I wish if it were like that. But here in India, it isn't like that. A minor has to be accompanied by his parents with their passports and since now they are separated, it is more complex. But of all, his father is not agreeing to let my wife apply for his passport since he has the kid's legal custody. Ah I see, I didn't realise you were in India. My bad. I hope you can work something out. Link to comment Share on other sites More sharing options...
torrentkid Posted March 24, 2014 Author Share Posted March 24, 2014 Ah I see, I didn't realise you were in India. My bad. I hope you can work something out. Sure, I understand. Let's see if @Rupert can suggest something here. Link to comment Share on other sites More sharing options...
torrentkid Posted March 27, 2014 Author Share Posted March 27, 2014 Anyone please? Link to comment Share on other sites More sharing options...
w1johnston Posted March 27, 2014 Share Posted March 27, 2014 In all honesty I am not entirely sure that child who does not live with one parent would be classed as a dependant of that parent. I have done a quick search on Google regarding this and found nothing conclusive. My situation may be slightly different to yours; My eldest son lives in the Isle of Man (not my choice) with his mother. I did not include him as a non migrating dependant on my visa application, because, as much as I would like him to be my dependant, and I see him as often as possible, I have no say in his upbringing apart from the time he spends with us (school holidays), I don't even have access to his school reports (despite the school agreeing to send them to me)! Anyway that is only a small part of my point and I don't want to detract from the initial point that I think before anything you need to make sure that your wife's child is actually classed as a dependant, maybe speaking to a migration agent or legal professional is the way forward here but for me I did not and there were no issues. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.