Immigating as a single mum

Old Sep 1st 2017, 5:49 am
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Default Immigating as a single mum

In short - would you anticipate my immigration journey being significantly more difficult due to my status as a single mum? If so, is this where an immigration lawyer might be advantageous? From my readings, immigration lawyers tend to be recommended for 'complex' cases.

RE my visa: would I expect to be awarded less points because I will be moving on my own with a child. I haven't yet calculated my points as I am of the understanding that it takes into account your current job, and I am currently waiting to start my new job in the UK.

I am a skilled worker, as an Occupational Therapist (working on my Canadian registration at present). I have decent savings and should also be earning a decent salary. I am used to financing life as a single mum in an expensive city and have done research into Canadian cities which would be affordable and offer what I am looking for. So financially, I know that I can make it work, but do you see this status going against me?

Many thanks

Last edited by Yvie05; Sep 1st 2017 at 5:50 am. Reason: Typo
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Old Sep 1st 2017, 6:31 am
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Default Re: Immigating as a single mum

I think, and I am no expert...someone else with more expertise will be along soon I am sure, that your biggest hurdle will be taking a child out of the country. I believe you need to get consent from the father.
Good luck on your journey
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Old Sep 1st 2017, 6:32 am
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Default Re: Immigating as a single mum

Originally Posted by Yvie05
In short - would you anticipate my immigration journey being significantly more difficult due to my status as a single mum? If so, is this where an immigration lawyer might be advantageous? From my readings, immigration lawyers tend to be recommended for 'complex' cases.

RE my visa: would I expect to be awarded less points because I will be moving on my own with a child. I haven't yet calculated my points as I am of the understanding that it takes into account your current job, and I am currently waiting to start my new job in the UK.

I am a skilled worker, as an Occupational Therapist (working on my Canadian registration at present). I have decent savings and should also be earning a decent salary. I am used to financing life as a single mum in an expensive city and have done research into Canadian cities which would be affordable and offer what I am looking for. So financially, I know that I can make it work, but do you see this status going against me?

Many thanks
I don't believe that you will lose any points for being a single mother and, if you qualify on the merits, I see no reason why you wouldn't make it a success.
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Old Sep 5th 2017, 3:33 am
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Default Re: Immigating as a single mum

There is no inherent disadvantageous to the system as single and married applicants have different points streams.

It will all depend on:
A) Do you qualify for one of the programs
B) If you do, do you have enough CRS points to be reasonably selected
C) Do you have the required proof of funds for the size of your family.
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Old Sep 5th 2017, 5:13 am
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Default Re: Immigating as a single mum

Yep the others are correct. Being a single mum won't work against you. You'll simply be evaluated based on the number of points you score, your qualifications etc, and ability to show the required proof of funds for your family.

Hurlabrick also raises a good point, though, that you will need either the father's permission or a court order that will enable you to remove the child from the UK, so just make sure that you have your ducks in a row there.

Best of luck!
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Old Sep 5th 2017, 5:40 am
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Default Re: Immigating as a single mum

Originally Posted by Howefamily
I think, and I am no expert...someone else with more expertise will be along soon I am sure, that your biggest hurdle will be taking a child out of the country. I believe you need to get consent from the father.
Good luck on your journey
The significance of this matter must not be underestimated - it will almost certainly impact all single parent families to some degree unless the single parent is a widow(er).

The "other parent" might have no custodial responsibility, no access/visitation, and may even have been entirely absent from their child's life for a number of years, and yet they still retain the right to participate in deciding which country their child(ren) is raised in. To be clear having "sole custody" counts for nothing when it comes to moving a child overseas.

Without permission from the parent in writing, or a court order, you would live under the risk being required to return the child to their home country under the Hague convention. The scope of the Hague convention on child abduction is such that under almost all circumstances, the courts in the country where the child was taken can do nothing but order the child returned to their home country.

To be clear, if the non-custodial parent objects, for any reason, or indeed pretty much no reason, to their child being taken to live overseas, it is highly unlikely that a court would issue an order permitting the child to be removed from the UK.

Last edited by Pulaski; Sep 5th 2017 at 5:46 am.
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Old Sep 5th 2017, 8:37 am
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Default Re: Immigating as a single mum

Originally Posted by Pulaski
The significance of this matter must not be underestimated - it will almost certainly impact all single parent families to some degree unless the single parent is a widow(er).

The "other parent" might have no custodial responsibility, no access/visitation, and may even have been entirely absent from their child's life for a number of years, and yet they still retain the right to participate in deciding which country their child(ren) is raised in. To be clear having "sole custody" counts for nothing when it comes to moving a child overseas.

Without permission from the parent in writing, or a court order, you would live under the risk being required to return the child to their home country under the Hague convention. The scope of the Hague convention on child abduction is such that under almost all circumstances, the courts in the country where the child was taken can do nothing but order the child returned to their home country.

To be clear, if the non-custodial parent objects, for any reason, or indeed pretty much no reason, to their child being taken to live overseas, it is highly unlikely that a court would issue an order permitting the child to be removed from the UK.
This is not correct and will depend upon the jurisdiction’s definition of custody. In the US, I believe there is legal custody and physical custody. In Canada, there is only custody so someone will sole custody can move anywhere in the world they wish to without first obtaining the other parent’s consent.

The Hague Convention only deals with relocations that occur outside of the power given to the parent by the relevant jurisdiction so, if the parent had sole custody, they would be perfectly within their rights to move wherever they wanted to and the Central Authority in the contracting State would not do anything once this had been established.

If an otherwise distant parent suddenly came on the scene purely to prevent the child being taken out of the country, all other things being equal, the child would almost certainly be allowed to go as, in such an instance, the Court would have to decide between allowing the child to continue to live with the parent that had always been around, or leave the child with the parent that, until that point in time, hadn’t been around. The Court doesn’t care about what the parents want, as the best interest of the child is paramount.

I do agree that obtained the other parent’s permission, and having them declare a Statutory Declaration, or obtaining a Court Order allowing the relocation, is likely to be the best way forward as CIC are not known for being particularly helpful when it comes to interpreting legal documents from another jurisdiction.

Below is a precedent Statutory Declaration that is valid in England and will be accepted by CIC.
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Old Sep 5th 2017, 9:21 am
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Default Re: Immigating as a single mum

Originally Posted by Almost Canadian
This is not correct and will depend upon the jurisdiction’s definition of custody. In the US, I believe there is legal custody and physical custody. In Canada, there is only custody so someone will sole custody can move anywhere in the world they wish to without first obtaining the other parent’s consent.

The Hague Convention only deals with relocations that occur outside of the power given to the parent by the relevant jurisdiction so, if the parent had sole custody, they would be perfectly within their rights to move wherever they wanted to and the Central Authority in the contracting State would not do anything once this had been established.

If an otherwise distant parent suddenly came on the scene purely to prevent the child being taken out of the country, all other things being equal, the child would almost certainly be allowed to go as, in such an instance, the Court would have to decide between allowing the child to continue to live with the parent that had always been around, or leave the child with the parent that, until that point in time, hadn’t been around. The Court doesn’t care about what the parents want, as the best interest of the child is paramount.

I do agree that obtained the other parent’s permission, and having them declare a Statutory Declaration, or obtaining a Court Order allowing the relocation, is likely to be the best way forward as CIC are not known for being particularly helpful when it comes to interpreting legal documents from another jurisdiction.

Below is a precedent Statutory Declaration that is valid in England and will be accepted by CIC.
That's all well and good, but if the non-custodial parent won't sign the declaration, and a court order is sought instead, the non-custodial parent can raise objections in court and it is far from certain that their arguments would fail.
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