Visa question Re: Dependant child

Fiona44

Hi, looking for a quick bit of advice.

I am applying for a 175 visa with my daughter as a dependant.
The father doesn't have legal custody, guardianship or access rights and is not travelling with us.

However he has provided me with an affidavit giving his permission for her to travel which includes the following sentence - 'I am one of the two people who can lawfully determine where [daughters name] is to live.'

The application asks whether anyone that is not migrating with us has legal custody, guardianship or access rights.
I don't know whether any issues will arise if I tick 'no' as this would appear to be inconsistent with the affidavit. Or whether it doesn't make any difference as I have permission for her to travel either way.

If neccessary I can arrange to get a new affidavit done but would prefer to avoid the extra cost/time involved in that.

No6

Firstly you should talk to a solicitor, do you have a passport for you child, if you do tick no the question about legal custody as he does not have custody, or indeed as a unmarried father no actual rights at all. In my opinion he would actually have to apply to the courts and be granted joint custody for his statement to be true.

Fiona44

No6 wrote: »

Firstly you should talk to a solicitor, do you have a passport for you child, if you do tick no the question about legal custody as he does not have custody, or indeed as a unmarried father no actual rights at all. In my opinion he would actually have to apply to the courts and be granted joint custody for his statement to be true.

Thanks yes I think I'll tick no & hopefully his conflicting statement doesn't cause any problems with the application.

hussey

Mod we cannot hand out legal advise here. Please talk to a solicitor