Visa and kids

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Old Sep 16th 2013, 8:00 pm
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Default Visa and kids

My partner has just had a job offer and we're planning on moving to Edmonton from the UK by the end of the year. The job offer is with an LMO and he'll have a temp working Visa.

We're not married and have 2 kids. My partner isn't our eldest daughters biological dad, although we've been together since she was a year old (almost 9 now) and she has no contact at all with her biological dad. I'm the only parent named on her birth certificate. She has my last name on her birth certificate and passport but for the past 4 years has used the same last name as my partner and youngest daughter.

Can anyone tell me if this will cause any problems with the Visa etc? Any advice would be greatly appreciated.

Also would this Visa allow me to work in Edmonton too?

Thanks.
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Old Sep 16th 2013, 8:45 pm
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Default Re: Visa and kids

Whether or not you can work will depend on your partners job, what is it?

And you would usually need written permission from your daughters father to remove her from UK jurisdiction ( or a court order to that effect if you can't locate him), but if you search the forums you'll find lots of relevant threads which should tell you for sure.

HTH, good luck.
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Old Sep 16th 2013, 9:06 pm
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Default Re: Visa and kids

Originally Posted by christmasoompa
And you would usually need written permission from your daughters father to remove her from UK jurisdiction ( or a court order to that effect if you can't locate him),

HTH, good luck.
is that still the case if no Father is listed on the birth certificate? I'll admit I've been forum wandering recently and may be mixing up my countries but I thought that if the Father wasn't named it was easier.
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Old Sep 16th 2013, 9:16 pm
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Default Re: Visa and kids

Originally Posted by Zoe Bell
is that still the case if no Father is listed on the birth certificate? I'll admit I've been forum wandering recently and may be mixing up my countries but I thought that if the Father wasn't named it was easier.
I'm not sure, hence the search suggestion, as I'm sure there is a relevant thread with the info on somewhere!
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Old Sep 16th 2013, 9:21 pm
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Default Re: Visa and kids

Originally Posted by christmasoompa
Whether or not you can work will depend on your partners job, what is it?

And you would usually need written permission from your daughters father to remove her from UK jurisdiction ( or a court order to that effect if you can't locate him), but if you search the forums you'll find lots of relevant threads which should tell you for sure.

HTH, good luck.
My partners job is a structural steel plater.

I have no contact at all with my daughters father. Don't even know where he lives, there's never been any contact.
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Old Sep 17th 2013, 12:46 am
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Default Re: Visa and kids

Originally Posted by Zoe Bell
is that still the case if no Father is listed on the birth certificate? I'll admit I've been forum wandering recently and may be mixing up my countries but I thought that if the Father wasn't named it was easier.
From an English law perspective probably not. But CIC appear to love bits of paper.
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Old Sep 17th 2013, 1:24 am
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Default Re: Visa and kids

Originally Posted by Almost Canadian
From an English law perspective probably not. But CIC appear to love bits of paper.
It hard to see how even CIC can expect a legally non-existent father to be giving some kind of consent. A letter from a competent solicitor explaining English (or Scottish/N.Irish as applicable) law might work. Or a court letter saying the same thing.

Otherwise - it would seem on the surface to be a thoroughly bad idea to try to find out who the father is and ask for a permission that's not required. Too much risk of complications and unpleasantness, plus legal problems.

As an aside - is there any option for adoption to formalise the relationship?
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Old Sep 17th 2013, 1:36 pm
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Default Re: Visa and kids

Originally Posted by JAJ
It hard to see how even CIC can expect a legally non-existent father to be giving some kind of consent. A letter from a competent solicitor explaining English (or Scottish/N.Irish as applicable) law might work. Or a court letter saying the same thing.
I agree but, if postings on here are to be believed, they will likely either require a Court Order, or a Statutory Declaration from the bio-father. A letter from a family law solicitor may suffice but, not being an immigration expert, I don't know.

The OP doesn't state that she doesn't know the identity of the child's father, just that he hasn't been involved since birth. I have been involved in lots of situations where the biological father didn't even know of the existence of the child due to the actions of the mother. I am not suggesting that the OP has done anything inappropriate here but all may not be as it would first appear.
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Old Sep 17th 2013, 4:07 pm
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Default Re: Visa and kids

The only information I have is his name. He knew at the time that I was pregnant but decided to have no involvement and there has been no contact since.
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Old Sep 18th 2013, 4:11 am
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Default Re: Visa and kids

The Father doesn't have parental responsibility - I don't think that the OP would require signed consent to remove. I would suggest looking up the relevant legislation under the Childrens Act 1989 and submitting it to CIC as proof of non requirement.

What is parental responsibility?
Parental Responsibility (PR) is a legal term.

PR is defined in the Childrens Act 1989 as “all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and his property”.

Without it, you don’t have any right to be involved in decisions such as where the child lives, their education, religion or medical treatment. A father with Parental Responsibility can also have more of a say in whether their child is taken out of the country.

From 1st December 2003, fathers who register a child’s birth with the mother automatically gained Parental Responsibility. However this only applies to children who are registered after 1st December 2003.

If a father’s name was put on your birth certificate before 1st December 2003, he will not have parental responsibility unless he has either been married to the child’s mother or he has obtained it by court order or agreement. If a father’s name was not on the birth certificate before 1st December 2003, he can apply with the mothers agreement to re-register the child’s birth.

https://www.gov.uk/parental-rights-r...responsibility
Unmarried parents

An unmarried father can only get legal responsibility for his child in 1 of 3 ways:

jointly registering the birth of the child with the mother (from 1 December 2003)
getting a parental responsibility agreement with the mother
getting a parental responsibility order from a court
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