annette5

Hello,
pPlease can anyone help, we are waiting till november time to apply for visas, (because of a job offer) and I am trying to get things together but my sons biological father who has NOT got Parental responsibility will not give permission for the visa. He has NEVER seen him and my son is 10.
Has anyone got any advice on what I can do.........?

Hopefully somebody can give me some advive

Thanks Annette

JenniGee

Yep.

You need to get your solicitor to draw up a document for DIAC explaining that you are the resident parent & you are the one who has the legal right to decide where the child lives. Basically DIAC need to be certain that granting the visa doesn't contravene any law either in this country or in Australia, or the Hague Convention. If your ex doesn't have any PR, then it should be pretty straightforward to provide a document that will satisfy DIAC.

When you see your solicitor, check with them as to whether you need a Removal Order, but in your situation I would doubt it.

Best wishes.

Edited to add: How do you know the ex won't give permission? If he has never seen the child, is he likely to try & prevent you moving....is he hoping, do you think, to start a relationship with his son?

annette5

JeniGee

Thankyou for the info, this situation is driving me mad.

I know he wont give permission because I have asked him.
I have from my son being born sent photos and rang him once a year to update him on my sons progress, it was his choice not to see his son, but I wanted to be sure I have never stopped him.

Not thinking he would object as he is sure he does not want to meet him I asked for his permission to make the visa thing easier...BIG MISTAKE!!!!!

Annette

slackbloke

You don't need to get permission from his father. The only way he could stop you taking the child is by going to court and obtaining parental responsibility which would be close to impossible if he has never seen him.
However, as JenniGee said, you need to establish your legal position with DIAC.

Check the wiki :

http://britishexpats.com/wiki/Child_...an_Immigration

You should obtain confirmation that father has no parental responsibility and then get a UK solicitor to write a letter explaining UK law and your position.

annette5

Thankyou ........

Slackbloke, the info and link are great,

Thanks again