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Thread: Children Woes

  1. #1
    Marc is offline Junior Member
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    Default Children Woes

    I have had my EOI accepted, and it was reviewed and I was told that I will be invited to apply (as of last week) under the Skilled Migrant category. I'm in the USA.

    My wife has a child from a previous relationship. It got rocky after conception, and so, as a means of protest, she did not list his name on the birth certificate of my step-son (now 2 years old). The information I have says both parents must be named on the birth certificate. That is currently impossible. The only official birth certificates that can be obtained will list her name and the "father" field will be there, but blank.

    So, I have two questions:
    Will the official birth certificate be rejected if the father field is blank, and does it matter if supporting documentation (paternity tests) can be provided to prove genetic lineage, and would that matter if a step-parent adoption were to occur?
    And, if a dependant on an application is rejected or under question, how does that affect the rest of the application?

    The second one matters because we are looking into step-parent adoption, but that process will probably not be complete by the time the application will need to be lodged. If I could apply with the step-son on the application but without proper documentation, then amend the application as it is gained, that would best fit with my time-table.

    Thanks,
    Marc

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Hi Marc,

    That's quite a complicated situation you have there with not having a named father on the birth certificate, but I wonder how many other women in a different position have had to leave the father's name blank (because they just didn't know it), so there must be some way around this. I would have thought, if having the father's name on the birth certificate was mandatory, she wouldn't have been allowed to leave it blank.

    Sorry, I haven't got any magic answer to your query and just wanted to welcome you to the forum. Hopefully someone else will have some helpful info for you.

    Good luck with sorting it out.
    Mother Bear

    Try to bloom wherever you are planted.

  3. #3
    Marc is offline Junior Member
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    The NZ application requires a "full birth certificate, including both parent's names." I'm not sure if this is because many places have an abbreviated birth certificate available listing just DOB and child's name or such and they want the more detailed one, or whether they require the father's name on the birth certificate to establish permission to enter.

    If it's the former, they should be happy with what I have. In the US, that has been fine for all documentation needed in multiple states.

    If it's the latter, then the birth certificate should be fine along with the paternity test.

    But aside from that, maybe someone can answer what happens if there is some issue (whatever issue) with a non-primary person listed on the application. If the applicant would be accepted, but someone else on the application isn't found to be acceptable, do they exclude the unacceptable person from the application and process as is, do they reject the application, or do they offer the choice to the applicant?

  4. #4
    MotherBear's Avatar
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    You raise some valid points, Marc.

    I know there is an issue whereby INZ will need to see written permission from the child's father that the child can be taken to NZ before matters can move forward, so this could be a problem. It may be got around because the father hasn't had any hand in the raising of the child and, presumably, hasn't been around since before the actual birth. Perhaps you don't even know where he is now? I think this is a case where you need to seek proper advice on how to move forward. Maybe contact INZ directly to ask how you can overcome this problem as it's rather unrealistic to have to put your lives on hold because of a set of circumstances. You can't give them what you don't have. If the father is still around and can be contacted, I'm sure INZ will want to see this written permission from him although he hasn't had any input to the child's upbringing. They will want to make sure he knows the situation in case, at any time in the future, he may decide he wants to see the child.

    I'm not sure what would happen in the case of one non-primary applicant not being acceptable. We have had this topic come up in the past where a partner has a police record, but it's usually something that was done many years ago or was only what could be considered 'folly of youth' and we've got around it that way. It may be that INZ could remove that person from the application or a whole new fresh application may need to be submitted. I've been trying to sift through the INZ Operations Manual for insight on this but they have recently revamped it and, although some things are simpler to use on there, the old index I used to find things no longer exists and I'm still trying to find my way around it.
    Mother Bear

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  5. #5
    Marc is offline Junior Member
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    I finally made it to a lawyer about adoption, and the answer was that I would succeed even if the biological father would contest (he has never paid child support). However, I have had my EOI accepted and told that I will be invited to apply. So I have to have my application in within 4 months. A contested adoption is about 6 months. So I could end up not being able to provide proper permission at the time the application is due, but would be able to secure it before a decision on the application would be made.

    Also, on the birth certificate thing, they actually re-write the official birth certificate and would list me in the slot of the biological father, so that would all be taken care of.

    So, my first question is:
    Can I apply with one of the extra people in a legal limbo, and have that sorted out in the time between the application deadline and when my case is reviewed?

    And my second one is:
    Since the biological father would lose in an adoption, I may be able to get him to sign the permission papers, how many sets of papers are necessary? That is, would I need more paperwork at the end of the 2 years when going to an indefinate permanent resident visa? What about if we were to all try to become citizens after 3 years (or 5, if it changes to that before we apply)? Or is the first initial permission for NZ residency sufficient for all purposes after that for essentially unlimited time?

    And thanks for all your help, I love to be the one asking all the difficult questions ;)

    - Marc

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    MotherBear's Avatar
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    Quote Originally Posted by Marc View Post
    What about if we were to all try to become citizens after 3 years (or 5, if it changes to that before we apply)? Or is the first initial permission for NZ residency sufficient for all purposes after that for essentially unlimited time?
    Not sure about the other questions, I'm afraid. A bit 'specialist' for me.

    However, to apply for NZ citizenship, you now have to have held PR for 5 years. It used to be 3 years but that changed a while ago unfortunately. If you are granted PR and then you obey the rules for getting your Indefinite Returning Residents Visa, you should be OK to stay in NZ and come and go as you like ad infinitum.
    Mother Bear

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  7. #7
    Marc is offline Junior Member
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    My ITA packet arrived today. Other than submitting my application and waiting for it to be assigned to a worker and asking them, who can I ask that could answer whether a birth certificate with a blank entry for "father" would be accepted. I read through the requirements for permission, and I think that I am ok on that (section F5.20, with no restrictions on him, no legal father, no custody agreement, and no visitation agreement, it's legal to remove him from the USA, so there are no problems).

    Short of contacting a NZ immigration lawyer, is there any NZ immigration help line, or such? How flexible are they with matters where they "require" a birth certificate with both names, and such a document doesn't exist? Short of submitting it and seeing what they say, is there anything I can do before hand to determine what the result will be, and if it were to not be a favorable result, what I could do to change the result before it is final?

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