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Immigration Forum / USA Marriage Base / April 2005



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permission for stepchild to immigrate

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gemmacat - 28 Apr 2005 16:09 GMT
Hi,
My husband and stepson's interview is coming up in May. My husband and
his ex worked out the divorce on their own, as to where and with whom
their son would live/live with. There was no court ordered custody
agreement.

Here's the issue. I've emailed London several times throughout the year
asking questions about what was needed. In the past I got the emails
stating that "since he will be 15 when he interview's, no permission is
needed". Today, I got one back (my husband wanted an up to date email to
sooth nerves) and it states that "your husband will be required to
present on the day of
the visa interview proof that he has been awarded custody of his son by
the
court and that permission has been given for the child to be taken out
of
the United Kingdom"

What can we do??? Help!
FlyergirlUK - 28 Apr 2005 18:38 GMT
> Hi,
> My husband and stepson's interview is coming up in May. My husband and
[quoted text clipped - 15 lines]
>
> What can we do??? Help!

I'm guessing that he might well still be on amicable terms with his ex?

If so, get her to write a letter of permission or, even better, get her
to go see a lawyer and get them to write it then she signs it.

I asked the same question of the Embassy in London too, (last year) and
they said that what I've just suggested to you was adequate.

I'll see if I can find where I've posted this info before cos it was
pasted directly from their email.
Rete - 28 Apr 2005 18:56 GMT
> I'm guessing that he might well still be on amicable terms with his
> ex?
[quoted text clipped - 7 lines]
> I'll see if I can find where I've posted this info before cos it was
> pasted directly from their email.

I second that advice.  In the past if the couple were on good terms a
letter from the father (preferrably on legal letterhead or at minimum
notarized) is sufficient along with your full copy of the divorce
agreement.  In your case, I'm assuming your child custody is spelled out
in the divorce agreement you and your ex hammered out.

And remember as well, the last e-mail you received from them might well
have been written by someone who neglected to see the age of your child
and/or by someone unfamiliar with UK statutes.

Rete

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

Lansbury - 29 Apr 2005 11:07 GMT
>And remember as well, the last e-mail you received from them might well
>have been written by someone who neglected to see the age of your child
>and/or by someone unfamiliar with UK statutes.

I think they have seen the age of the child and are very familiar with the
Child Abduction Act. They have quoted what is correct for children who have
not reached their 16th birthday. The onus is on the parent removing the child
from the jurisdiction of the UK courts to prove they have the required
permissions to do so.

-  
Lansbury
www.uk-air.net
FAQs for the alt.travel.uk.air newsgroup
gemmacat - 28 Apr 2005 23:50 GMT
> I'm guessing that he might well still be on amicable terms with his
> ex?
[quoted text clipped - 7 lines]
> I'll see if I can find where I've posted this info before cos it was
> pasted directly from their email.

Thanks! They are on amicable terms, and he is sorting something out. His
last day of work is tomorrow :) and he has just over 2 weeks to get
everything sorted.  I just hope that the notarised letter from her will
be adequate.
Lansbury - 29 Apr 2005 11:10 GMT
>I just hope that the notarised letter from her will
>be adequate.

Make sure we has a copy of it with him when he flies out just in case in the
very unlikely event the airline refer it to Special Branch to check the child
is clear to leave the UK.

-  
Lansbury
www.uk-air.net
FAQs for the alt.travel.uk.air newsgroup
margyw - 30 Apr 2005 17:44 GMT
> Thanks! They are on amicable terms, and he is sorting something out.
> His last day of work is tomorrow :) and he has just over 2 weeks to
> get everything sorted.  I just hope that the notarised letter from her
> will be adequate.

I just hope that the notarised letter from her will be adequate.[/QUOTE]

Yes this should be adequate gemma. As you may know I went through alot
to get mine here and all I needed was that letter!!!!
 
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