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Biological Father's Consent for Son to Settle in the UK

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Enquirer77
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Biological Father's Consent for Son to Settle in the UK

Post by Enquirer77 » Sun Mar 18, 2007 1:24 pm

My Ukrainian fiancée is currently applying for a VAF2 settlement visa for her and her 11 year old son to come to the UK so that we can marry. I am a British citizen residing in England. We are waiting for her son's passport to be issued in the Ukraine and we are aware that we need a notarised letter from her ex-husband giving his consent for his son to settle in the UK. My fianceé has custody of their son and he lives with her. The father visits the son very infrequently, maybe once every 2 or 3 months.

How vital is the biological father's consesnt for the son to settle in the UK? My fianceé and her ex-husband have not spoken since their divorce 4 years ago and we are concerned that he may not give his consent (out of spite) for the son to move to the UK and settle.
Last edited by Enquirer77 on Sun Mar 18, 2007 2:11 pm, edited 1 time in total.

Wanderer
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Ireland

Re: Biological Father's Consent for Son to Settle in the UK

Post by Wanderer » Sun Mar 18, 2007 2:03 pm

Enquirer77 wrote:My Ukrainian fianceé is currently applying for a VAF2 settlement visa for her and her 11 year old son to come to the UK so that we can marry. I am a British citizen residing in England. We are waiting for her son's passport to be issued in the Ukraine and we are aware that we need a notarised letter from her ex-husband giving his consent for his son to settle in the UK. My fianceé has custody of their son and he lives with her. The father visits the son very infrequently, maybe once every 2 or 3 months.

How vital is the biological father's consesnt for the son to settle in the UK? My fianceé and her ex-husband have not spoken since their divorce 4 years ago and we are concerned that he may not give his consent (out of spite) for the son to move to the UK and settle.
Consent is imperative.

In my experience in these FSU situations bunging the father a couple of grand usually does the trick. Search on the boards here:

http://www.rwguide.com/forums

John
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Post by John » Sun Mar 18, 2007 2:22 pm

Consent is imperative.
Is it? We are told that :-
My fianceé has custody of their son and he lives with her.
The British Mission will need to be satisfied that the child's mother has Sole Custody of her child. If that is the case, surely the custody issue has already been settled. Why is the father still even in the picture?
John

Enquirer77
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Post by Enquirer77 » Sun Mar 18, 2007 2:28 pm

I was just following the advice from the British Embassy, Kiev website which states:

"A notarized letter from your former spouse stating that he/she does not object to his/her child/children settling in the United Kingdom with you."

If they will be satisfied with sole custody documentation then that's fine, the biological father is no longer in the picture. But how do we reconcile that against the embassy requirement?

Wanderer
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Post by Wanderer » Sun Mar 18, 2007 2:41 pm

Enquirer77 wrote:I was just following the advice from the British Embassy, Kiev website which states:

"A notarized letter from your former spouse stating that he/she does not object to his/her child/children settling in the United Kingdom with you."

If they will be satisfied with sole custody documentation then that's fine, the biological father is no longer in the picture. But how do we reconcile that against the embassy requirement?
Read the forums link I posted above - loads of guys have been in the same boat with spouses from Russia and Ukraine. Thinking back from what I've read there, the guys on Ukraine passport control will want to see something signed by the father or proof he's dead or something. Maybe the sole custody document will be ok but I think we all know what former USSR is like, any chance of a 'fine' (aka bribe) for the 'wrong' document they'll do it.

John
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Post by John » Sun Mar 18, 2007 2:42 pm

It could well be that under the law of that particular country it is impossible to get Sole Custody granted by a Court, and that the only way to satisfy the Embassy's needs is to get the consent of the biological other parent.

When you say that your fiancée has custody of her child, what is the basis for making that statement?
John

Enquirer77
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Post by Enquirer77 » Sun Mar 18, 2007 2:44 pm

I will clarify that with her and get back to you as soon as I can. Thanks.

Wanderer
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Ireland

Post by Wanderer » Sun Mar 18, 2007 7:03 pm


Enquirer77
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Posts: 43
Joined: Tue Dec 20, 2005 11:21 am

Post by Enquirer77 » Wed Mar 21, 2007 6:13 pm

John,
Sorry for the delay getting back to you. My fiancée has shared custody of her son with her ex-husband, not sole cutody. I guess this makes the father's consent absolutely crucial in order for her to receive a settlement visa for her son.

Wanderer,
Thanks for the weblink!

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