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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7590
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am applying for a tier 4 visa from the US. I am a single

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I am applying for a tier 4 visa from the US. I am a single parent and want to bring my two minor dependants with me. What information do I need to show that I'm the sole provider? I have never been married and my name is XXXXX XXXXX name listed on my children's birth certificate. Also, when I applied for my children's US passport I was not required to get the father's written authorization because he was not listed on their birth certificate.

Hi
Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Does the father consent to yourplans
2. Have you arrangements as to sole residence of the children been formalised at court
Kind regards.

Tom
Customer: replied 4 years ago.

1. No, because I'm not in contact with the father. And I didn't think I had to since their is no father listed on the birth certificate.


2. No, I have never been to court for custody or for sole residence since the children have always been with me. I have been living in a different state from the father for 6 years now.


Hi

Thanks for your reply and patience.

The fact that he is not listed on the Birth Certificate is helpful and will go some way in proving that you and you children are an independent family unit.

You should contact him to explain what you are doing and ask that he execute an affidavit confirming his consent to the relocation of the children. I would suggest that you offer to pay for this to be grated and executed by an attorney near to where he is so that he is more likely to be compliant.

I would say that you should also execute a statement confirming the low level of contact that you have with the father. You may consider seeing a US attorney to establish whether or not he has parental rights even though he is not on the birth certificate. If he does not then you should get the relevant statutory reference which confirms this and refer to it in you statemne.t

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Customer: replied 4 years ago.
I appreciate the answer, but it doesn't help my situation. The ukba states that both parents must be travelling to the UK in order to bring minor dependants along, unless I can prove that I am the sole provider for my two children. This is not possible since I have never been married to the father and we no longer in a relationship. As I stated previously, I have been living in another state for six years and I didn't need the father's consent to do so. Getting consent from the father is not possible since he is unavailable. I will write a letter explaining that I am and always have been the children's sole provider. I just need to know what I can show as proof along with the birth certificate listing me as the only parent. Also, in the state of New Jersey where the children wee born, I am considered to have sole custody since the father never signed the birth certificates.
Hi,

Right.

In that case then you need to execute a affidavit yourself confirming the chronology of lack of involvement of the father and that you are not able to contact him any more.

Furthermore, you need to refer to the state law or statute that confirms that a father does not have any kind of parental rights. I presume that this remains the case until the father asserts their right to parental responsibilty through the courts. If this is the case then you need to state this in your statement and refer to the authority (either a state law, stature or case law).

You should also enquire whether there is a facility to check the court records to ensure that no such parental application has been made by the father and whether there is a form of certificate which states that - as at such and such date - no person has asserted their parental rights in New Jersey in respect of the child. I would ask an attorney for a consultation to check the above and give you pointers as to the appropriate legal authority so that you can refer to it in your statement.

This will be sufficient for your purposes.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.


Kind regards,


Tom
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