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Single parent... Fathers permission to emigrate?

Single parent... Fathers permission to emigrate?

Old Oct 3rd 2011, 10:14 am
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Default Single parent... Fathers permission to emigrate?

I've been talking to a friend, who has already made the move to NZ, about my job application, and we got on the subject of visas.

I'm a single parent, my daughter is 14 now. She has her father named on her birth certificate, however apart from a couple of times seeing him 2 years ago (and he lost interest) the last time we saw him was around her first birthday!

I have been told that I will need his permission for her to be allowed to emigrate?

I don't talk to the guy, I know where he is, but he would say no just to be awkward. He has never been a part of her life, but i don't want him ruining her future either....... What do I do?

Any help would be appreciated!

Caro
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Old Oct 3rd 2011, 8:04 pm
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Default Re: Single parent... Fathers permission to emigrate?

Originally Posted by CaRo78 View Post
I've been talking to a friend, who has already made the move to NZ, about my job application, and we got on the subject of visas.

I'm a single parent, my daughter is 14 now. She has her father named on her birth certificate, however apart from a couple of times seeing him 2 years ago (and he lost interest) the last time we saw him was around her first birthday!

I have been told that I will need his permission for her to be allowed to emigrate?

I don't talk to the guy, I know where he is, but he would say no just to be awkward. He has never been a part of her life, but i don't want him ruining her future either....... What do I do?

Any help would be appreciated!

Caro
Hi Caro,

Yes, what you have been told is correct. You will need a sworn letter from him giving consent. So you probably need a lawyer who will track the ex down and request permission.

This is a very interesting thread regarding ex's and children!
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Old Oct 3rd 2011, 8:11 pm
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Default Re: Single parent... Fathers permission to emigrate?

I was reading in another forum, for AUS, and they have said in there that as long as the other parent doesn't have joint parental responsibility then you can do as you wish....

It is something I will get looked at, I know where he is so that's one less thing to worry about. I was contemplating approaching and asking him to sign his rights away just randomly, rather than ask for his permission!

The worst thing about this is, he, through his own choice has met his daughter about a dozen times, with 10 of those in her first year.....!

Caro
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Old Oct 3rd 2011, 8:31 pm
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Default Re: Single parent... Fathers permission to emigrate?

does he pay maintenance? if not maybe approach him to sign away his parental responsibilities away on the pretence that its to do with the maintenance.
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Old Oct 3rd 2011, 8:40 pm
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Default Re: Single parent... Fathers permission to emigrate?

Not a penny.......never, nada....

Apparently, children born to unmarried mothers, sole parental responsibility is given to the mother automatically and it would be up to the absent father to apply to the courts for joint parental responsibility. So I'm now under the impression that in the eyes of the British law, its up to me.....!

Will still need to get that confirmed I think, just to be sure!

Caro
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Old Oct 3rd 2011, 8:45 pm
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Default Re: Single parent... Fathers permission to emigrate?

Originally Posted by CaRo78 View Post
Apparently, children born to unmarried mothers, sole parental responsibility is given to the mother automatically and it would be up to the absent father to apply to the courts for joint parental responsibility. So I'm now under the impression that in the eyes of the British law, its up to me.....!
British law has nothing to do with it though, if you're applying to emigrate to New Zealand then it's NZ laws that matter. I've no idea about NZ, but certainly for Canada either a letter confirming the other parent is happy for the child to be removed from UK jurisdiction, or a court order to that effect, are required to get a visa - UK law has no relevancy.
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Old Oct 3rd 2011, 8:50 pm
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Default Re: Single parent... Fathers permission to emigrate?

The general consensus is that Canada can be pretty anal about it, I think that under Canadian law, a Canadian citizen needs a letter/permission to take their child/ren interstate, let alone out of the country.

I see your point, that it is about what the NZ law says, I think a call to an immigration specialist might help, just to clear it up one way or another!

The only thing that's for certain, is that the bugger will say no, just to be awkward!

Caro
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Old Oct 3rd 2011, 8:56 pm
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Default Re: Single parent... Fathers permission to emigrate?

Originally Posted by CaRo78 View Post
The general consensus is that Canada can be pretty anal about it, I think that under Canadian law, a Canadian citizen needs a letter/permission to take their child/ren interstate, let alone out of the country.
Permission is not required for a Canadian citizen to take a child across provinces or out of the country. But it's an immigration requirement and if permission or a court order is not provided the visa application is rejected. As I said though, no idea on NZ, but I just wanted to point out that UK law has no bearing on NZ's immigration laws.

Hopefully you can get it sorted.

Good luck.
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Old Oct 4th 2011, 12:19 am
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Default Re: Single parent... Fathers permission to emigrate?

Originally Posted by christmasoompa View Post
Permission is not required for a Canadian citizen to take a child across provinces or out of the country. But it's an immigration requirement and if permission or a court order is not provided the visa application is rejected. As I said though, no idea on NZ, but I just wanted to point out that UK law has no bearing on NZ's immigration laws.
However NZ (like Canada) has agreed to recognise UK child custody laws, understanding that the Canadians appear to have a problem with going along with their international commitments. As for NZ, I'm pretty confident there is something in the NZIS operational manual dealing with this situation. Looking that up online may be a better use of time and energy than calling a helpline where someone probably will end up reading from the website anyway.
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Old Oct 4th 2011, 1:39 am
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Default Re: Single parent... Fathers permission to emigrate?

From what I can gather on here, you will need permission. Have a look at the Step children thread that Am Loolah linked to- lots of info there. I could only find stuff about residence applications though I would be surprised if there was a difference.

From the Operations Manual [use search on the NZIS website to find it-not easy otherwise] :
R2.1.45 Children under 16 whose parents are separated or divorced
a. If the parents of a child aged under 16 included in an application for a residence class visa are separated or divorced, the applicant parent must have the right to remove the child from the country in which rights of custody or visitation have been granted; or if no such rights have been granted, from the country of residence.

b. Such children cannot be included in an application unless the applicant parent produces satisfactory evidence of their right to remove the child from the country in which the rights of custody or visitation have been granted or if no such rights have been granted, from the country of residence.

c. Except where (d) applies, evidence of the right to remove the child from the country in which rights of custody or visitation have been granted must include original or certified copies of:
i legal documents showing that the applicant has custody of the child and the sole right to determine the place of residence of the child, without rights of visitation by the other parent, or
ii a court order permitting the applicant to remove the child from its country of residence; or
iii legal documents showing that the applicant has custody of the child and a signed statement from the other parent, witnessed in accordance with local practice or law, agreeing to allow the child to live in New Zealand if the application is approved.

d. Where an immigration officer is satisfied that:
i by virtue of local law, the applicant parent has the statutory right to custody of the child; and
ii it is not possible or required under that local law to obtain individualised legal
documents to verify that custodial right, the child may be included in the application.

INZ Operational Manual Residence
3-5
R2.1.50 Children under 16 with only one parent included in the application for a residence class visa
.

a. If one of the parents of a child aged under 16 is not included in the application for a residence class visa, the applicant parent must have the right to remove the child from its
country of residence.

b. Such children cannot be included in an application unless the applicant parent produces satisfactory evidence of their right to remove the child from its country of residence.

c. Except where (e) applies, evidence of the right to remove the child from its country of residence in cases where one parent is not included in the application for a residence class visa, but the parents are not separated or divorced, must include original or certified copies of:
i a written statement confirmed by both parents at interview; or
ii a court order permitting the applicant to remove the child from its country of residence.

d. If, because of the death of one of the parents of a child aged under 16, only one parent is included in the application, the death certificate of the other parent must be provided.

e. Where an immigration officer is satisfied that:
i by virtue of local law, the applicant parent has the statutory right to custody of the child; and
ii it is not possible or required under that local law to obtain individualised legal
documents to verify that custodial right, the child may be included in the application.

Last edited by Persephone; Oct 4th 2011 at 1:46 am.
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Old Oct 4th 2011, 11:24 am
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Default Re: Single parent... Fathers permission to emigrate?

Originally Posted by Persephone View Post
From what I can gather on here, you will need permission.
Read the Operational Manual extract:

d. Where an immigration officer is satisfied that:
i by virtue of local law, the applicant parent has the statutory right to custody of the child; and
ii it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the child may be included in the application.
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Old Oct 4th 2011, 2:53 pm
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Default Re: Single parent... Fathers permission to emigrate?

why don't you call NZ house and discuss the matter with them direct.
here's the cheaper where to call them that doesn't incur the £1 a minute cost: 01245 454448, ignore the fact that they play the standard voice message at the beginning that state it does.
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Old Oct 5th 2011, 3:32 am
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Default Re: Single parent... Fathers permission to emigrate?

Originally Posted by fychan66 View Post
why don't you call NZ house and discuss the matter with them direct.
Because one should never ask a question like that without already knowing the answer.

The Operational Manual makes it clear that if UK law says a parent has authority to remove child from country, this will be accepted by NZ.

The situation is similar to Australia, so the comments about the law and a fact-based application supporting one's position are broadly applicable to NZ:
http://britishexpats.com/wiki/Child_...an_Immigration

It seems clear to me that as long as you can show no-one else has parental responsibility under UK law, no permission from anyone else is needed. But never assume an immigration officer is all-knowing on this aspect of the law - provide good evidence with reference to the Operational Manual.
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