Lyles

Can someone please advise me on this matter. A friend is considering apply as a Skilled Worker. She is has been seperated from her husband for approximately two years. They have eight year old twins and they have lived with the mother since the seperation. She does not wish to delay the application until the decree nisi is granted, if and when divorce papers are filed.

Are there any legal reasons why she would not be granted a visa based on the fact that she intends to emigrate with her children, but not her husband?

Would it make a difference if she submitted the application after the divorce was finalised?

Would she need written consent from her husband agreeing to her taking the children with her? Would this apply if she was divorced?

I would appreciate any advice on this.

Thanks,

Lyles

andy_sheila

With or without a divorce (nisi or absolute) she would need her husbands permission to emigrate with the children. If the husband refuses she can go to court and ask a judge to allow it.
I would advise her to ask her husband to write a letter of consent (ideally witnessed by her solicitor) as the first step.
I would also go ahead with the application as you can add the permission later.
HTH but i'm not an expert so please do not take this as gospel, i was however in a similar situation and it's what i did.
A more informed expert will no doubt answer sooner or later.

good luck

Andrew Miller

Divorced or not she will have to have either a notarized consent from children's father to take them permanently to Canada or a court order giving her that permission.

Lyles

Many thanks. My thinking was along these lines. At least I have something to back up my belief with now.

Thanks again,

Lyles