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Confusion over non-accompany child

Confusion over non-accompany child

Old Jun 17th 2010, 1:31 am
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Default Confusion over non-accompany child

Hi - i know i am posting a lot about this recently. I have read the important clarification post by bex1 and am now worried. My husband has a daughter (15 in october) who we found out about in nov 2007 when csa contacted requesting a paternity test which was positive. we pay child support, but have never met her, had her address or is he listed on the birth certificate. We are being honest by including her name and date of birth in our application form and then providing a notarised letter detailing why we couldn't provide all of the info. i don't want to lie, but should we just remove her altogethter from our application?

So worried either way it will come back and bite us in the a**!
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Old Jun 17th 2010, 6:25 am
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Default Re: Confusion over non-accompany child

Hi

Originally Posted by CanadianLove
Hi - i know i am posting a lot about this recently. I have read the important clarification post by bex1 and am now worried. My husband has a daughter (15 in october) who we found out about in nov 2007 when csa contacted requesting a paternity test which was positive. we pay child support, but have never met her, had her address or is he listed on the birth certificate. We are being honest by including her name and date of birth in our application form and then providing a notarised letter detailing why we couldn't provide all of the info. i don't want to lie, but should we just remove her altogethter from our application?

So worried either way it will come back and bite us in the a**!
Include what you know, and her as non-accompanying dependent, with an explanation. You "sorta forget her" and there is a chance it will bite you. Misrepresentation is usually good for a 1 or 2 year ban.
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Old Jun 17th 2010, 12:36 pm
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Default Re: Confusion over non-accompany child

Originally Posted by PMM
Hi



Include what you know, and her as non-accompanying dependent, with an explanation. You "sorta forget her" and there is a chance it will bite you. Misrepresentation is usually good for a 1 or 2 year ban.
It is entirely feasible that he did not know of child's existence until now and probably ought to have refused to take paternity test ...

In any case, if he is not on the birth certificate as father and especially if child was born before 1 December 2003 then it appears that there is no parental responsibility in place under England/Wales law. Hence, in Canadian terms, has no custody or access rights and in these circumstances, may be possible to exclude from application.
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Old Jun 17th 2010, 3:19 pm
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Default Re: Confusion over non-accompany child

Hi

Originally Posted by JAJ
It is entirely feasible that he did not know of child's existence until now and probably ought to have refused to take paternity test ...

In any case, if he is not on the birth certificate as father and especially if child was born before 1 December 2003 then it appears that there is no parental responsibility in place under England/Wales law. Hence, in Canadian terms, has no custody or access rights and in these circumstances, may be possible to exclude from application.

There is no doubt that the child can be excluded as non accompanying, and not examined as any dependent child can. But the OP still must list the child as a dependent.
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