Applying EOI under SMC with Dependent Child (Illegitimate and sole parent)

[hasheys]

Hello everyone! I'm about to start my EOI soon under SMC. Just wanted to ask how will be the process if I'm applying for residency and I have a child who is turning 2 years old in few months. My main problem as I've been reading some of the guideliness it say in some case some officer might ask for child custody if you are removing the child in that country? My son is under the care of my parents at the moment in overseas as I am working here. On his birth certificate I am the sole parent meaning the name of father is written as UNKNOWN as per law in our country that if a child is illegitimate and the father does not acknowledge or sign the affidavit then it will appear on birth certificate as unknown even if you know who the father of your child is. So in my son's case, his dad is living here, but since I found out that he is arranged to marry someone else as per their culture, I have decided to take the full responsibility as he is not giving any child support at the moment too and has PTSD from the previous country he lived before. So to cut it short, is there possibility that the immigration officer will look for child custody? as I am the only sole parent and I cannot say we are separated as we have not been married either. Has anyone here experience that case who happen to have strict officer asking for child custody? coz I've heard that some require court order but in my case the father is not from our country and is currently here in NZ and I have no contact with him anymore except his sister in Australia. Will they require me a letter with signature from the father? Please help. I feel confused. I have asked a lawyer for an advice but he has not encounter my case before so he has emailed the immigration too. But if anyone has experienced this as well, it might help. The lawyer charges 300nzd per hour on initial consultation and is a bit expensive if I am going to push through so I am looking at any sources I can find. Also is there any supplementary form online that I need to submit along with my EOI for my dependent child? As he mentioned no need, but I saw one for dependent child supplement form on website, so now I am beginning to get confused whether the lawyer is sure about it. thank you in advance!

[JandM]

I believe you are overthinking this, and there is less to worry about than you imagine.

See here at R2.1.40. https://www.immigration.govt.nz/opsmanual/#46504.htm As proof of your relationship with the dependent child you are including, you will need to supply "the birth certificate showing the names of the parent(s)," and your son's birth certificate only names you. I know you have said you know perfectly well who his father is, but in law he is listed as "unknown" (which for some women would really mean that they honestly could not say), so INZ can't ask to consult him.

When the regulations talk about parents who are separated or divorced, those people have previously been married to one another, and you haven't, so that does NOT mean you.

https://www.immigration.govt.nz/opsmanual/#46504.htm R2.1.50, Children under 16 with only one parent included in the application for a residence class visa, has this.

a If one of the parents of a child aged under 16 is not included in the application for a residence class visa, the applicant parent must have the right to remove the child from its country of residence.

e The child may be included in the application where an immigration officer is satisfied that:

by virtue of local law, the applicant parent has the statutory right to custody of the child; and
it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right.

That last paragraph sounds as if it describes your situation exactly. If any CO queried it, presumably your country's regulations can be quoted to verify the matter.

I've found the form INZ 1103 https://www.immigration.govt.nz/docu...es/inz1103.pdf which I assume is the one you are talking about. In your place, I would send it. If INZ don't need it, they can just ignore it.

[hasheys]

Hi JandM, thanks for this info. Also there's a statement in online EOI on section Principal applicant's Other Family that says

"T1. Do you have other family members who are not included in this application?
This includes parents (whether biological or adoptive), brothers and sisters (whether full, half, step or and adopted), and children (whether biological, adopted or step children, including those from previous marriages/relationships)." ----------in this case I can say yes and list my parent's name and brother but they are not going to be included right??Is this just for their family background/record only that they're asking? coz its yes and no and there's follow up names after that..


I do understand what separate and divorce however this section of online EOI in Section P: Child's Proof of Identity it also states the question--
P9. Are you separated or divorced from the other parent of the child referred to in this form or is one of the parents of this child not included in your Expression of Interest?------ I have not been married with him but can I just say Yes? as it is only answerable by yes or no.

hoping for your response. once again thank you,

[JandM]

T1. You're right. The information about other family members who are NOT part of your application just goes on record for now. Then, if at some time in the future, any of those people applies for a visa for NZ, mentioning that they have a relative as a local connection, it is easier to check that that is true.

P9. Yes, you can answer 'yes'. It's the second part of the sentence that applies in your case - "...or is one of the parents of this child not included in your Expression of Interest?" and that's what you're answering. Mr Unknown is not being included.

[hasheys]

Thanks alot JandM.. i will carry on with my application and hopefully everything goes well