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SolicitorRM
SolicitorRM, Solicitor
Category: Immigration Law
Satisfied Customers: 4047
Experience:  Director and Principal Solicitor. UK
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I have applied for my son under a tier 2 dependency visa. I

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Hello. I have applied for my son under a tier 2 dependency visa. I got an email today from the visa authorities asking for his fathers consent to travel. My sons father has never been involved in his life since birth and I don’t even know his whereabouts. How best do I respond to this email?
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I’m currently working in the uk under a tier 2 work visa. I am Zimbabwean
Assistant: Have you talked to a lawyer about the tier 2 visa?
Customer: I don’t understand your question. I have never dealt with any lawyers as my application was straight forward
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
I am ok with waiting thanks Nicola

Hi, thank you for your enquiry and for your patience. The UKVI need to be satisfied that adequate arrangements have been made for for your child's travel and their reception and care in the UK. Where they can see from the application that the other parent does not appear to be involved but they are named on a birth certificate then the presumption is that a parent who has parental responsibility has not provided their written confirmation that they agree for the child to leave the home country to the UK with the one parent. That is why they would send a request for confirmation as they have done to you. The Immigration rules in Rule 4.12 (which apply to visitors but are equally applicable to all child travellers to the UK) provide that if the applicant is not applying or travelling with a parent or guardian based in their home country or country of ordinary residence who is responsible for their care; that parent or guardian must confirm that they consent to the arrangements for the child’s travel to, and reception and care in the UK. Where requested, this consent must be given in writing.

So the important factor is that the other parent remaining in the home country must also be responsible for the child. If the child has never been involved with the child then ideally you would want formal confirmation of this eg from a Court to show that you have sole parental responsibility for your child; you could get an affidavit by a legal practitioner in Zimbabwe confirming that the father's whereabouts are not known and that he is not involved with the child. If you were married and there is evidence of separation/divorce then a copy of such order would suffice. If the home office gave you a deadline for responding and the timescale makes it impossible to secure an urgent court order confirming your situation then you will need to write to the home office explaining that he does not have parental responsibility for the child, he has been abesent from birth and you are not aware of his whereabouts. If there is anything at all eg doctors letters or school letters showing that you have raised him as a ingle parent send that in support.

The problem is that there is a rise in child abductions and countries who are signatories to the Hague Convention will stop at nothing to ensure both parents are aware of their children's whereabouts at any point and unfortunately this can cause inconvenience to those parents whose partners are named on birth certificates but are for all intends and purposes absent. It is all in the best interests of the child however. You just need to write a genuine and sincere response and provide any evidence you can get. If you have access to a good legal practitioner in Zimbabwe they are able to make an urgent application and get these orders relatively quickly.

I would be grateful for your 5 star rating. Feel free to send me your follow on questions should you have any, I would still be able to respond after your rating. All the best

Customer: replied 1 year ago.
Thank you for your response but I’m my case the father is not even on his birth certificate and my child carries my surname

You will therefore need to explain that the father has never been present in your child's life, does not have parental responsibility and direct them to the birth certificate which does not mention the father. With the home office you are better off providing too much information. It could be they have tried to verify the birth certificate and not got a response from the Zimbabwe registrar's office and as such it is on you to prove you do not need the other parent's permission.

SolicitorRM, Solicitor
Category: Immigration Law
Satisfied Customers: 4047
Experience: Director and Principal Solicitor. UK
SolicitorRM and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you

You are very welcome. I would be grateful for your rating at your earliest convenience and as always feel free to come back with any follow on questions should you need to. You may also opt for the phone call option

Thank you for your rating. and i sincerely ***** ***** you can get your child to the UK without more trouble, its the last thing you need. I last practised in Zimbabwe many years ago and it was not so difficult then to make the necessary application to the Court, so if need be try and use a legal practitioner from a reputable firm in Harare to help you. All the best