graybren

New on here but looking for some advice. I have done some research but just after a bit of advice.
We have applied for a 175 visa in my husbands name. 3 days ago we got an email to say they now want our medicals and police records and also a signed statutory declaration giving permission for my daughter to leave the UK all by 18th June 12 so we are very near the end of the process.....BUT.....my 15yr old daughter's (born Feb 97) natural father wont sign a stat dec. I presume I will have to go to court to get a Special Issue Order but as you know, we have already spent the best part of £3k just to get to this stage, we dont have oodles of money to throw at a solicitor to represent us in court.

My daughter wants to come with us and by the time we actually emigrate she will be closer to 17yrs old, but that is irrelevant. Has anyone represented themselves in court and won instead of paying for a solicitor?
We have 3 weeks and 4 days to provide our agent with this document

Any help would be appreciated.

Reaver

I can't offer any specific advice, but at the end of the day, I don't think it matters who represents you, whether its a solictor or yourselves, I would think that when it comes down to it, a judge will have to take into consideration all the facts.

How often does said father visit your daughter?
Does he pay maintenance?
Does your daughter want to go or stay.

Essentially what it will come down to is proving that he refuses to sign the statuatory declaration, NOT because he will miss your daughter or because he has any interest in her well being, but simply because he is being difficult and wants to spoil your future.

Worse case scenario, she waits till she is 18, then she is entitled to make her own choices.....its a long wait, but like you said she will be nearly 17 by the time you go, whats another 12 months in the grand scheme of things. And besides, imagine the look on his smug face when he finds out he still hasnt won....

Bermudashorts

What does your daughter think of the move? At age 15, she has a strong say in the matter and I am almost certain that by age 16 permission / court orders are not required for UK cases (it is the rules in the country or origin that matter).

You don't only have 3 weeks 4 days to sort it out, you just need to respond to CO before then, if you say you have to go to court or whatever the CO will wait.

graybren

Thanks and I agree with everything you say. The only problem we have is that DIAC need this document before they will grant our visa's so if I dont provide it now all our money is down the drain as they will refuse us Waiting and re-applying when she is 18 is not an option, we wouldnt have enough points, thats why we have applied this year.

I look forward to that smug look tho lol

graybren

She wants to go with us, she asked her father to sign the stat dec and he just refused. Here is what the email stated we got on Monday "DIAC have asked for the documents below by 18 June 2012. It is therefore important that we act swiftly"

rammygirl

They always say 28 days. But this is not always possible as some things do take longer to get. What they want you to do is to make an effort to initiate things within this time.

You need to respond to your CO to say it may take some time to get permission but that you are working on it. I might also ask if it is OK to delay getting meds and police checks until is sorted.

Our CO wanted some stuff that took a while to sort and he agreed to wait until that was cleared before we did our meds etc.

Just tell the CO what you are doing, they are human you know and realise that some things are not that easy to sort out.

Having said that you should have realised that at 15 you would need the father's permission for your daughter.

Pollyana

You need to tell your CO what you are doing towards getting the required document. they won't refuse the visa as long as they know whats happening - they'll put it on hold.

Dorothy

No, DIAC will not refuse your visa if you inform your case officer that you need to go to court for the permission.

Not sure whose smug look you look forward to, but if you refer to your daugher's father that's the wrong attitude to bring to court.

graybren

Thanks, I didnt realise you can ask them to delay. I did know about the stat dec.......what I didnt know was that her father would be awkward, we never saw that coming

graybren

I agree with you 100%, not the acceptable attitude for court but unfortunately there are some ex partners that do not always see eye to eye and some are very smug......i.e my ex

louie

Have a look at the wiki - http://britishexpats.com/wiki/Child_...an_Immigration

Bermudashorts

I don't need the bold font, I can read the regular font quite clearly thank you very much.

The only thing you need to do is respond to the request within the deadline, not get your legalities sorted out, as I already explained. No need to be so damn rude to people trying to help you, I won't be reading or responding to your posts again. Good luck.

moneypenny20

He is your daughter's father, unless he has absolutely nothing to do with her, which from what you've said is not the case, he'll have issues with his child moving to the other side of the world, regardless of his relationship with you, even if he only sees her occasionally.

We don't know or want to know the ins and outs of someone's relationship but all too often we hear a parent speak like this and as we don't have the other point of view it's a bit unfair on the other person for us to hear any of it.

JAJ

1. The other parent may not necessarily have parental responsibility, you've not told us if you were married or not.

2. At age 15, a court will likely give a strong weight to what your daughter's own wishes are.

3. Unless things have changed recently, at age 16 in the United Kingdom children are free to make their own decisions about where they live. Australian law recognises the law of other countries in this respect. So when does your daughter turn 16?

4. Deadlines to respond to DIAC can be extended if there is a good reason.


Hasn't your agent discussed all this with you?