Salam!
Happy Eid to everyone!

If anybody could please help me solve this riddle or knowsof a precedent of a case like mine..I would really appreciate it.

I got divorced two years ago while being two months pregnant. Last year I delivered a beautiful baby. His father saw him once and has diseapeared to get married and have a new life in Canada.

This year, I married a british citizen and would like to settle with him and my child in England. As far I am concerned, I have a strong case for the visa. On the other hand, I am a bit worried about my babys application as a dependent. The courts here granted me custody, a deed of absence... But the british embassy is asking for a permanent court order to leave for the child.. which quasi impossible to obtain..
Judges only grant temporary authorisation to leave.

If anybody has any useful information, it will be much appreciated!

Thank you for your help and support!

Cordially,

Mounia

you wrote : you were married then you got divorced two years ago:

what nationality was your first husband ?

WERE YOU ON A WORK PERMIT DEPENDANT VISA?DID YOU HAVE TO SWITCH THE TYPE OF VISA WHEN YOU GOT DIVORCED THEN MARRIED TO A BRITISH CITIZEN ?
was your divorce to the work permit holder before you apply for INDEFINITE LEAVE TO REMAIN i mean you had to renew your visa according to your first husband job contract ?

there are so many questions needed to be clarified to be able to answer your child status , the temporary authorisation leave is based on the mother immigration status ?
what visa are you on currently? IF YOU HAVE SETTLEMENT VISA OR ILR your child will be granted his visa easily if you still have temporary visa it will be more complicated

more details about your case is needed!



Edited 2 time(s). Last edit at 09/21/2009 10:54AM by whatp.

Salam!

Thank you so much whatup!

Well, thing is I never been to UK..I went to uni in the states..thats all..

I am trying to apply for settlement from Morocco, where I live... and also apply for my son...
I was wondering if anybody has been or knows of someone in similar situation...

Thanks a lot man!

Mounia

ok Mounia i understand now , the main thing is gather as much proof of your relationship with your british citizen husband as you can : emails , post card , wedding photos , things which shows that your marriage is genuine
for your son i don t think it will be a problem as long as your ex is not making it a problem
the postive thing is : the full custody of your child , you can add to that a written letter from your solicitor confirming this and explaining that s according to moroccan law you are the sole responsible of your child and to look more convincing make sure this solicitor letter is notarised(egalise par les authorites locale)and translated by a sworn translator .



Edited 2 time(s). Last edit at 09/21/2009 05:25PM by whatp.

PS, make sure this sentence is included in the solicitor letter
But the british embassy is asking for a permanent court order to leave for the child.. which quasi impossible to obtain.. Judges only grant temporary authorisation to leave and if it s possible your solicitor needs to quote the article in moroccan family law

make sure that the letter explain clearly the custody law in moroccan , unfortunately most of Entrance Clearance officers in the embassy are junior people with no experience and they are ignorant sometimes of other countries laws , they search any excuse to make as a reason for refusal

the solution in my opinion is in the solicitor letter which need to be addressed directlty to ECO with the application and explaining the case point by point



Edited 1 time(s). Last edit at 09/21/2009 05:31PM by whatp.

there are forums for immigration which discuss cases like yours check a website called: www.immigrationboards.com

hi dear mounia
i m really sorry about what happened to you
but are you moroccan citizen?
i mean you havent got any other nationality?
if it s the case then you can get a british passeport automatically because your husband is british and as for your child well i think he could get it as well but you need to have a solicitor to give you some advice

Quote:

salma49
hi dear mounia
i m really sorry about what happened to you
but are you moroccan citizen?
i mean you havent got any other nationality?
if it s the case then you can get a british passeport automatically because your husband is british and as for your child well i think he could get it as well but you need to have a solicitor to give you some advice

she still in morocco and applying for visa , british passport is after living in UK for 3 years !

yes i know that