Travelling back with UK born son - have Pakistani passport

[visitoruk]

Hi mates

I have Tier 1 General visa valid for 1 and half year.

I want to go back to Pakistan after separation from wife (also Pakistani national). My son was born in the UK about two years ago. I have his Pakistani passport and NICOP. Never applied for dependent or any visa for my son.

1- Do I need any document other than passport and NICOP to travel from the UK with my child without mother? I have child UK birth certificate with my name on it too.

Mother is happy to have my son with me but not sure about her reaction if I leave the country.
2- Do I need any written document / agreement from mother to present at immigration check?

3- Lastly, would I be able to apply for son's dependent visa from Pakistan when I plan to return to the UK after a few months?

Need your advice urgently...

[Arsal385]

Hi mates

I have Tier 1 General visa valid for 1 and half year.

I want to go back to Pakistan after separation from wife (also Pakistani national). My son was born in the UK about two years ago. I have his Pakistani passport and NICOP. Never applied for dependent or any visa for my son.

1- Do I need any document other than passport and NICOP to travel from the UK with my child without mother? I have child UK birth certificate with my name on it too.
Worth to have your ex-wife consent in writing in case you need to show immigration staff.

Mother is happy to have my son with me but not sure about her reaction if I leave the country.
2- Do I need any written document / agreement from mother to present at immigration check?
Yes it might be useful to go back home and coming back to UK. Immigration staff might ask you at both airports.

3- Lastly, would I be able to apply for son's dependent visa from Pakistan when I plan to return to the UK after a few months?
Better to get his visa from the UK. You can get this done from here in person.
Need your advice urgently...

[visitoruk]

Thanks Arsal385, if I could do that why would I post it on this forum....

[oocha]

If you and your wife had not separated then the procedure was very simple. The child could travel with Passport and NICOP only and come back after getting the entry clearance visa from Pakistan.
But in your case, If you get visa from here it will be good but it will become more complicated in Pakistan. I will suggest you to see any Divorce lawer and disscuss if you need any kind of documentation. Remember the child was born here so it will be good to get the necessary documents from UK and register your divorce in the UK.

[visitoruk]

If you and your wife had not separated then the procedure was very simple. The child could travel with Passport and NICOP only and come back after getting the entry clearance visa from Pakistan.
But in your case, If you get visa from here it will be good but it will become more complicated in Pakistan. I will suggest you to see any Divorce lawer and disscuss if you need any kind of documentation. Remember the child was born here so it will be good to get the necessary documents from UK and register your divorce in the UK.

Neither my marriage was registered here, nor does my divorce. Have seen a family law solicitor and advice is to get court order for residence. But this is lengthy and expensive process. I will have to prove that my I have arrangements here in the UK in order to have full time residence. Furthermore, mother may also want to see her son in the UK and court may order that I cannot take son abroad without mother's written permission. Mother also doesn't want to go in to court to avoid any maintenance / contact order.

Another legal expert advised that none of us is citizen here, so I don't need to have any court order. Both mother and father have equal parental responsibility and keep child or take him to country of origin. Any written consent is highly advisable.

I am planning to get son's visa stamped and leave UK. I will also try to get an agreement from mother in black & white but this seems difficult as she want to keep her options open in case she changes her mind (at the moment she is not too worried about son due to her other plans).