check this out !!

[jules]

:embarassed: Hi All

Having finally got my hubbys non-migrating ex dependant kids meds sorted...it's now come to light through our case officer that my eldest daughter (11yrs old) father (whos a non uk citizen-Greek & who lives in Greece & barely has any contact with his daughter) who also doesn't even have any parental responsibility for her is STILL REQUIRED to give his written consent via a stat dec & certified copy of his passport for our application to continue....Bearing in mind we're now into our final stages having already attended our meds & police clearance checks!! Unbelievable...!!! We are very upset & angry that through the whole expensive & lengthy process we are now faced with this BOMBSHELL. If apparently he isn't willing to consent (just to be awkward) then we will then have to obtain a court order!!! :o

Anyone out there going through a similar situation....?? any advise...short cuts....?? anyone....??

A very upset Jules x :mad:

[drew]

we are in a similar situation to yours and have just started immigration process.Our agent said this would not be a problem,my partner was not married to her greek boyfreind, however her son has taken his name.
Was you married to your partner??? or will this still apply to us

[jules]

:( Hi Drew

The answer to your question is NO I was never married to him (thankfully) & my daughter has MY surname !!! Yet they are still asking for his stat dec consent or for me to apply through courts for a Removal from the jurisdiction of uk. ABSOLUTELY RIDICULOUS......my agent has questioned the case officers request to no avail....their still requiring either. I'm so angy & frustrated with this matter.

Let me know what advise your given for your situation.
Good Luck

Jules. x

[drew]

you must be so guttered expecially with getting so far with your application!!.ive just spoken to my sons father and he is having none of it.so looks like we are going have to get ourselves a lawyer..im determined not to let him ruin our dream.ive spoken to our agent she seems to think it will go
in our favour,i just hope shes right!!.
let us know any updates,and good luck.

[jules]

Yes we are very upset mainly because we are feeling let down by our agent as we were not made aware of this requirement until now (final stages.) We have had our meds & police checks completed. My husband was about to hand in his Directorship notice to his employer because the case officer has asked for there reference. Luckily he hasn't yet as god knows how long this will now take if it has to go to court & he doesn't want to be out of work also!!! We are just frustrated really because it's already taken 16 mnths to get this far on a skilled visa application (thought Oz were desperate for skilled workers?!) Its upsetting because of the time scale these things can take (esp when courts get involved) we just wana get on with our lives.

Wish you well. Lets keep eachother posted on this one.

Jules x

[drew]

hi jules.if it hadnt of been for reading your story,we would of been none the wiser(we have you to thank for that)..our agent said it wouldnt be a problem when we asked the question..we only appointed our agent last wk so im hoping that we will get refunded for the money that we paid!.we will see a solicitor then start the application again.im sure this is going to be a lenghly and expensive process,which could of been avoided if alexs dad was not so awkward.have you had any advise as yet from a solicitor??..i must admit it does concern me...x

[jules]

Hi Drew
Your so very welcome, I'm glad my experience in this yukky matter can assist yours in some way. Our agent told us it wouldn't be a prob either....& we started our visa application 16mnths ago, supplying all the necessary documents they required!! (which was lots & lots) Then the childrens papers were required, birth certs etc. My eldest daughter 11yrs birth cert has my ex's name on as he's her father....I told them we were never married & our agent said 'no prob'....just to make sure I took it upon myself to investigate via the internet of Parental Responsibilty laws. I contacted Her Majesty's Court Service & paid £20 to have a search carried out on the Central Register, to which came back posted to me confirming that no PR agreement had been sort by either parent in respect of this child!! I forwarded that letter to our agent & she included it into our application bumfff. That was Sep 07....& only now is it being questioned?? Our agent was then advised by our case officer that a stat dec from her father for consent or a court order is required. I have been to see an immigration solicitor, she thinks is silly what there asking for given the legal rights for me in this instance. She is making a stat dec for me to sign explaining this situation & my PR rights as the mother. I will then send this to our Agent who'l again forward it to our case officer....then we just wait & see what comes back. I will keep you informed.
I do suggest that your immediate plans take this enquiry route first, I would hate this to happen so far along into your dream, as it has for ours.

Best Wishes
Jules x

[drew]

hi jules.thanx very much for your advice..ive emailed the austrailian emb in london,immigration dep..im hoping they will get back to me with some answers!.did you find your immigration lawyer locally,or were they recommended to u??..not sure wether we should go down this route too,as i was just going to mek an appointment with a local family lawyer...it makes me so angry,alexs dad pays very little money towards his up keep,and only sees him when i arrange for him to go over there,yet he still thinks he can control our life..im sure you know where im coming from,and feel exactly the same.
i really do hope you get some good news soon,so that you and your family can start your new life in oz.

again thanx very much for all your help.

lara x

[jules]

:rolleyes: Hi Lara
Following our threads to eachother at the end of Feb....We did contact a local Immig Solicitor, who told me she thought the whole situation was ridiculous!! We did a Stat Dec together, where I basically said that he has barely any contact with her since her birth, she's always lived in UK with me. He has no Automatic Parental Rights for her because of her date of birth & he's never tried for any court orders for her. bla bla bla....So theres no need for a Removal of the Jurisdiction from UK court order in this case.
Well that was sent to our Agent who then forwarded it immediatly to our case officer in Aussie 1 month ago......& we've heard NOTHING since!! We're very disappointed with this delay, as we have now sent them everything in readiness for our visas to be issued. VERY FRUSTRATING....& upsetting.:( Our agent has contacted our case officer twice in the month...asking for an update on this situation, & the response back is automated saying that details have been passed to our case officer, thankyou for your patience, we will receive a reply in due course!!! I wonder if our case file has been binned....!!?? Hows things your end Lara?? I know your case is slightly different from ours?? Hows it going??
Kind Regards

Jules xhi jules.thanx very much for your advice..ive emailed the austrailian emb in london,immigration dep..im hoping they will get back to me with some answers!.did you find your immigration lawyer locally,or were they recommended to u??..not sure wether we should go down this route too,as i was just going to mek an appointment with a local family lawyer...it makes me so angry,alexs dad pays very little money towards his up keep,and only sees him when i arrange for him to go over there,yet he still thinks he can control our life..im sure you know where im coming from,and feel exactly the same.
i really do hope you get some good news soon,so that you and your family can start your new life in oz.

again thanx very much for all your help.

lara x

[drew]

hi jules
Thanks for getting back to us.
how very fustrating for you mate,i know these things take time but thats
madness!!.Try nd stay focussed and positive,i also believe that what you av
given them is enough as i have had exactly the same feedback as yourself
from a family lawyer.They also told me that iam within my rights to remove
my son without permission as he has no parental responsability .However
we have decided that we will do removal of jurisdiction if we need too.
I have read quite afew threads that are similiar to ours on expats..with positive outcomes,which is good to know!!.
After various discussions with our agent we did decide to carry on,they are
v positive nd say they have never had a failure,if we dont try we will never
know!!.
As we have not yet reached the point that your at now,i would be really grateful if you could keep me posted on any future updates.

My thoughts go out to you and i really do hope you get some positive news
soon!!!
take care
Lara x

[jules]

;) Thanks Lara for your Positive vibes.....we sure do needem at the mo!! Our agents are very non commital & won't say 1way or another how they think this'l go. I basically feel like she hasn't come across this particular senario before probably!! Anyway...we'll wait & wait & wait abit more to see what the outcome brings (like you if need be, we WILL get a removal order from the courts - just dont wana have too, cos of cost & TIME) & the time thing is so much more important. We really wana get there this year.

I will of course keep ya posted Lara, & thanks for chatting. Let me know how things go your end.

Kind Regards

Jules xx

[zaramatty]

Hello to you all
Here is a different twist to your scenerio, myself and my new wife had applied to migrate to oz, we have two boys, i also have two children to my ex wife, she had been informed all along the process and had discussed the children coming to oz for there summer vaccation, when i approached her regarding medicals 'the shutters came down' she refused to talk to me and stopped all contact with the children, when i talked to my migration agent we were told that non migrating children had to have medicals! or we could not go! absolute rubbish!! in the end 12 months later £3000 of solicitors fees and no medicals we had proved we had taken every possible avenue, we arrive in perth may 2008. Good luck!

[jules]

:D Thats brill....well done you. & good luck down under for May 2008!
We hope that our senario has a successful outcome also. Makes you wonder if these expensive agencys we use know there stuff really. & if indeed the Aussie's do too ??? !!!

We just hope that we don't have to wait to much longer.
Thanks for your thread.

Jules :cool:

[zaramatty]

The impression we got was that if your case is not "normal", and who is, then no the agent didn't know what to do. We also think that all the immigration people want is to know that your ex-partner won't get a right of access to Australia through your kids, unfortunatly if people won't sign the required forms it costs a fortune in time, energy and money, to convince them of this!
Good luck!

[jules]

:embarassed:
We appreciate your point & duly agree.
However, our frustration is of the sheer length of time it's taken so far for an answer???!!! We have submitted what our case officer asked for (a stat dec detailing why theres no court order in this case) which we did over 1 month ago.....& now nothing........not a dickie bird! Our agent has made two attempts to contact our case officer requesting confirmation that the stat dec is sufficent or if not to advise us please??!!! Still nothing.....just an automated acknowledgement of the enquiry.

Just so upsetting for us.....if we knew what was required next we could get the wheels in motion as TIME is being wasted for us.

Thankyou for your reply.

Jules x

The impression we got was that if your case is not "normal", and who is, then no the agent didn't know what to do. We also think that all the immigration people want is to know that your ex-partner won't get a right of access to Australia through your kids, unfortunatly if people won't sign the required forms it costs a fortune in time, energy and money, to convince them of this!
Good luck!

[jules]

Hi

Wanted to ask you if & when you get a mo....please check out my latest thread in 'News & Gossip' section.........(The Roads been long) I have NEWS !!!!!

Jules x

[jules]

Hi

Wanted to ask you if & when you get a mo....please read my latest thread in 'News & Gossip' section.....The roads been long.....I have NEWS !!!!!!

Jules xx

[drew]

hi jules

just read your fantastic news,congratulations:D.So pleased for you all.you and your family can now look forward to that new life in oz.

A long stressful wait,but hey so worth it!!!.

Our journey is just beginning,but your story has given us hope in that we will not need a court order either...so again thankyou for sharing all your news with us.

hopefully we will be be joining you this time next year.

all the very best



lara xxx

;)

[jules]

Hi Lara

Thanks for your reply.

YES YES YES its fab news (gives hope for others that come up against our similiar situation) We are thrilled of course. Just suddenly dawning on us now...how much we have to do in just 10weeks. Perfect timing as i've just found out i'm expecting!!!!! WOW talk about all at once......:o

Please do keep intouch Lara, nice to see how your going with your applications. GOOD LUCK !!! :)

Hopefully if you endup living anywhere near us....we could meetup. That would be fab. Everything crossed for you all.

Regards

Jules xx ;)

[drew]

Hi jules

Sorry i havnt been in touch earlier...Hope your ok nd im so pleased to hear about the new baby that your expecting,you must be soooo chuffed!!!.

Ive been to see a solicitor and she has advised that we now need to start proceedings re:stat dec
We spoke about the outcome of your case as its very similar to mine,and she asked if it was at all possible to obtain a copy of your stat dec..just so she gets it right with us.

Hope you dont mind me asking,nd I will completely understand if your too busy.

Lara x

[jules]

;)Hi Lara

Glad things are moving along for you all............Yep we are thrilled with our new baby news & only 8wks till we leave the UK - wow its all go go go.. We are of course very busy, however 'IF' I could be of assistance to your situation I would. My solicitor had advised me at the time not to share any written information with anyone without authority! Also we havn't got a copy as the case officer received the original & our agent has a firm hold on the other. Therefore we can't help you at this time. Sorry :(

I do think however, that if you get a good immigration solicitor they will (should) know exactly what to say in your stat dec.

Good Luck & do keep us posted

Regards
Jules & family (+bump) x