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Estranged father & our visa application - advice required please


Mogwai

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Hi there,

 

We were wondering if any of you could help please.

 

We have not had contact with my daughters biological father since she was 4 years old. She is now 11, he has never contributed towards her upbringing either emotionally or financially .

 

He is named on my daughters birth certificate, however, as we were not married he was supposed to sign a 'Parental Responsibility' form when she was born (in 2000) - he did not do this.

 

My Husband and I, and our 3 girls are now going through the Visa application process (on the skills part at the moment so haven't reached the main paperwork yet) and this all keeps playing on my mind.

 

As we have had no contact from him in such a long time, with no address/telephone number etc for him, what would we need to do re the Visa? Would he have to give permission to her leaving the country even though he has made NO effort and has shown no interest in her whatsoever? Could he actually stop us from going?

 

I 've had mixed advice from a few people, but was hoping someone on here would be better placed to advise.

 

Thanks in advance

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You need to go and see a solicitor but the up shot of the process would be to try and make contact if you could not find him then you could go to the courts to apply for an order to remove your child from the UK. However you will have to show that you have made attempts to find him so that if he wants to contest you removing your child he has the chance. If you find him you could get him to sign a statutory deceleration (pm me if you find him and I can get you a copy) and get him also to sign the DIAC form for child migration, witnessed by a solicitor.

 

The good news is the court should (should but don’t always) allow you to remove the child, even if he contest as he has had little/no contact. You will also need to compile evidence to show things like job, school, clubs activities, housing costs basically why your daughter (not you, your husband or other children) would have a 'better' life therefore you should start this now as it would seem you would be going to court. If he appears out of the wood work you would have to set in place access arrangement, these could include skype, letters, emails or even flights to the UK every year.

 

Hope that help, pm me if you have any more questions.

 

Tina family of five

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Thanks so much for your reply Tina - you've really put my mind at ease. We have an appointment booked with our solicitor on Monday to get the ball rolling and I have managed to source DIAC's form to take with us. I'm going to start compiling the rest of the information today to be as prepared as possible. I've also printed off copies of his last emails to me and I have copies of texts he sent too, again from different mobile numbers.

 

I would be really grateful if you could let me have a copy of the declaration - I'll PM you my email address.

 

Thanks so much again

Gem

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