Son visiting UK whilst applying for Visa
Nov 26th 2008, 8:15 pm
#76
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Re: Son visiting UK whilst applying for Visa
So where should I get advice to find out if this is not the way to go about things? It seems to me that my ex should apply for a visa for my son whilst he resides with me in the UK - thats if he gets custody or I agree to let him apply.
Nov 26th 2008, 8:17 pm
#77
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Re: Son visiting UK whilst applying for Visa
Indeed.
However, it does not change the legal situation which - if what the legal eagles on this board have been telling us all along is anything to go by - states that the proposed means of getting the son to the US is illegal.
I would be interested to know what the father plans to tell the officer at the POE regarding the purpose of the son's *visit*...
However, it does not change the legal situation which - if what the legal eagles on this board have been telling us all along is anything to go by - states that the proposed means of getting the son to the US is illegal.
I would be interested to know what the father plans to tell the officer at the POE regarding the purpose of the son's *visit*...
Nov 26th 2008, 8:19 pm
#78
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Re: Son visiting UK whilst applying for Visa
Originally Posted by ;7013259
So where should I get advice to find out if this is not the way to go about things? It seems to me that my ex should apply for a visa for my son whilst he resides with me in the UK - thats if he gets custody or I agree to let him apply.
Check out posts number 21 and 36 in this thread for some links to read about the process.
Rene
Last edited by Rete; Nov 27th 2008 at 11:53 pm.
Nov 26th 2008, 8:20 pm
#79
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Re: Son visiting UK whilst applying for Visa
Originally Posted by ;7013266
My ex has told the court here that he has booked a one way ticket for my son on 20 Dec! this is astonishing to me as my son would not even be able to say goodbye to grandma, aunty, friends etc
Last edited by Rete; Nov 27th 2008 at 11:53 pm.
Nov 26th 2008, 8:21 pm
#80
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Re: Son visiting UK whilst applying for Visa
Originally Posted by ;7013266
My ex has told the court here that he has booked a one way ticket for my son on 20 Dec! this is astonishing to me as my son would not even be able to say goodbye to grandma, aunty, friends etc
Last edited by Rete; Nov 27th 2008 at 11:53 pm.
Nov 26th 2008, 8:22 pm
#81
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Location: Cincinnati, Ohio.
Posts: 964
Re: Son visiting UK whilst applying for Visa
If you have residency in the UK, what makes you think your ex will even be successful in getting residency to take your son to the US?
What your ex needs is Leave to remove the Jurisdiction, as even with a residency order, he is not allowed to take your son out of the UK for more than 28 days.
Has he applied for that in with the residency order? Without either your written permission or a court order he will not get a visa anyway. If your son was going to be entering the US without a visa - ie on the VWP, it may well be worth you showing the court the letter from his attorney when you fight for residency along with the VWP guidelines, as that in itself shows alot about the character of your ex.
What your ex needs is Leave to remove the Jurisdiction, as even with a residency order, he is not allowed to take your son out of the UK for more than 28 days.
Has he applied for that in with the residency order? Without either your written permission or a court order he will not get a visa anyway. If your son was going to be entering the US without a visa - ie on the VWP, it may well be worth you showing the court the letter from his attorney when you fight for residency along with the VWP guidelines, as that in itself shows alot about the character of your ex.
Nov 26th 2008, 8:26 pm
#82
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Re: Son visiting UK whilst applying for Visa
If the father is prepared to lie, there's a good chance the son would be able to get through the POE.
Now, how this would then play out at the subsequent AOS interview, is another matter...
Nov 26th 2008, 8:28 pm
#83
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Re: Son visiting UK whilst applying for Visa
If you have residency in the UK, what makes you think your ex will even be successful in getting residency to take your son to the US?
What your ex needs is Leave to remove the Jurisdiction, as even with a residency order, he is not allowed to take your son out of the UK for more than 28 days.
Has he applied for that in with the residency order? Without either your written permission or a court order he will not get a visa anyway. If your son was going to be entering the US without a visa - ie on the VWP, it may well be worth you showing the court the letter from his attorney when you fight for residency along with the VWP guidelines, as that in itself shows alot about the character of your ex.
What your ex needs is Leave to remove the Jurisdiction, as even with a residency order, he is not allowed to take your son out of the UK for more than 28 days.
Has he applied for that in with the residency order? Without either your written permission or a court order he will not get a visa anyway. If your son was going to be entering the US without a visa - ie on the VWP, it may well be worth you showing the court the letter from his attorney when you fight for residency along with the VWP guidelines, as that in itself shows alot about the character of your ex.
As I have pointed out previously, the mother MUST alert the appropriate authorities of her ex's plans to possibly abduct the child.
Nov 26th 2008, 8:28 pm
#84
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Re: Son visiting UK whilst applying for Visa
If you have residency in the UK, what makes you think your ex will even be successful in getting residency to take your son to the US?
What your ex needs is Leave to remove the Jurisdiction, as even with a residency order, he is not allowed to take your son out of the UK for more than 28 days.
Has he applied for that in with the residency order? Without either your written permission or a court order he will not get a visa anyway. If your son was going to be entering the US without a visa - ie on the VWP, it may well be worth you showing the court the letter from his attorney when you fight for residency along with the VWP guidelines, as that in itself shows alot about the character of your ex.
What your ex needs is Leave to remove the Jurisdiction, as even with a residency order, he is not allowed to take your son out of the UK for more than 28 days.
Has he applied for that in with the residency order? Without either your written permission or a court order he will not get a visa anyway. If your son was going to be entering the US without a visa - ie on the VWP, it may well be worth you showing the court the letter from his attorney when you fight for residency along with the VWP guidelines, as that in itself shows alot about the character of your ex.
Nov 26th 2008, 8:30 pm
#85
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Re: Son visiting UK whilst applying for Visa
Rene
Nov 26th 2008, 8:31 pm
#86
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Re: Son visiting UK whilst applying for Visa
Originally Posted by ;7013312
he has applied for leave to remove the jurisdiction. He wont get my permission which is why he is going for the court order. He can afford a top barrister whereas I may not even to be able to be represented. I will be showing the letter from his attorney, together with the VWP guidelines as this will look bad for him. Also, it sounds as though, if he got my son out on this basis, my son would not be able to travel to the UK to visit myself and his siblings for quite some time until all the paperwork was sorted. This directly disagrees with what my ex is saying in his court statement, where he promises to allow my son to visit 3 times per year.
You absolutely *cannot* afford to go into this hearing without legal representation!
Don't you qualify for legal aid?
Even if you don't, you need to beg, steal or borrow to get yourself legal council. You simply cannot expect to be able to walk into court and just show some papers that you have printed off the internet. This would be a recipe for disaster.
Last edited by Rete; Nov 27th 2008 at 11:54 pm.
Nov 26th 2008, 8:33 pm
#87
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Re: Son visiting UK whilst applying for Visa
Originally Posted by ;7013312
Also, it sounds as though, if he got my son out on this basis, my son would not be able to travel to the UK to visit myself and his siblings for quite some time until all the paperwork was sorted. This directly disagrees with what my ex is saying in his court statement, where he promises to allow my son to visit 3 times per year.
Rene
Last edited by Rete; Nov 27th 2008 at 11:54 pm.
Nov 26th 2008, 8:33 pm
#88
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Re: Son visiting UK whilst applying for Visa
)Though they *may* ask "How long are you planning to stay"...
Nov 26th 2008, 8:34 pm
#89
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Joined: Sep 2007
Location: Cincinnati, Ohio.
Posts: 964
Re: Son visiting UK whilst applying for Visa
Originally Posted by ;7013312
he has applied for leave to remove the jurisdiction. He wont get my permission which is why he is going for the court order. He can afford a top barrister whereas I may not even to be able to be represented. I will be showing the letter from his attorney, together with the VWP guidelines as this will look bad for him. Also, it sounds as though, if he got my son out on this basis, my son would not be able to travel to the UK to visit myself and his siblings for quite some time until all the paperwork was sorted. This directly disagrees with what my ex is saying in his court statement, where he promises to allow my son to visit 3 times per year.
Last edited by Rete; Nov 27th 2008 at 11:54 pm.
Nov 26th 2008, 8:35 pm
#90
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Re: Son visiting UK whilst applying for Visa
OMG!!!
You absolutely *cannot* afford to go into this hearing without legal representation!
Don't you qualify for legal aid?
Even if you don't, you need to beg, steal or borrow to get yourself legal council. You simply cannot expect to be able to walk into court and just show some papers that you have printed off the internet. This would be a recipe for disaster.
You absolutely *cannot* afford to go into this hearing without legal representation!
Don't you qualify for legal aid?
Even if you don't, you need to beg, steal or borrow to get yourself legal council. You simply cannot expect to be able to walk into court and just show some papers that you have printed off the internet. This would be a recipe for disaster.