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Spouse visa with NON British Dependant and 6 british Dependants

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kinami
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Joined: Sun Sep 12, 2021 10:51 am
Australia

Spouse visa with NON British Dependant and 6 british Dependants

Post by kinami » Sun Sep 12, 2021 11:09 am

Hi,

A little back story...

I'm Australian born and raised, I had 1 child in Australia before moving to the UK with my ex-husband. I was in the UK in 2009 where I had ILR and had 2 children born in the UK.
We divorced in 2011.
I partnered with someone after that and had 5 other children ( they were born in Morocco but he is British born and raised in a Moroccan family)
Long story short I was kept in morocco and abused for years, forced to carry child after child. He registered our marriage in Morocco and that made it impossible for me to take my kids and leave, my passport had expired and he wouldn't return it to me, etc,
police don't do anything since its a 'family court matter' even though I was being physically abused and my children.
now we are divorced and he is residing in the UK, I'm not able to leave morocco without his consent since 4 of his children are born here and are considered Moroccan by Moroccan law and not British.

So now I'm partnered with a lovely man from the Uk, an old friend of 10 years. Basically, we want to marry and live together in the UK.
My first issue is how can I apply for my 6 British children's passports?
I can't leave the city I'm in since I'm not vaccinated, I can't get vaccinated since I'm 'illegal' in morocco, I need to travel to rabat to make the passports....but I can't because of the vaccine.
so how the heck do I leave?????

can my fiance submit the passport application for me in the UK?
my Australian born too in the Australian embassy?

we spoke to a lawyer about visas, he said to resolve the passport issue first, I feel totally abandoned and stuck, I haven't seen my mother in over 2 years, my friends, I have been in an abusive marriage for 9 years and I certainly know that Morocco doesn't provide the help I need to overcome the trauma I have suffered.

I'm not intending on 'bludging; off the system or anything! I'm Australian and I can't return to Australia since my ex won't consent to Australian passports for them.
I lived in the UK previously for 4 years and never received benefits! I worked and made my own way, please don't come at me with nasty comments.

I have suffered enough abuse to last me a lifetime.
thank you

secret.simon
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Posts: 10974
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spouse visa with NON British Dependant and 6 british Dependants

Post by secret.simon » Sun Sep 12, 2021 3:28 pm

Sorry to hear about your situation. @Casa is more knowledgeable than most on these forums on Moroccan family law and may be able to advise more when online.

Have you tried contacting the Australian consular assistance helpline for consular assistance and on getting Australian passports for your children (I believe that you may have to register them as Australian citizens first)?

Re getting the approval of your ex-husband for applying for an Australian passport for the children, the link above merely states that "if you are 15 years of age or younger, your parent must sign your application". The singular form of "your parent" suggests that just one parent (ideally the Australian parent, i.e. you) needs to sign the form.

Regarding your ex-husband, are you sure that he was a British citizen? Keep in mind that "British born" is not the same as "British citizen".

Also, generally, to apply for the childrens' British passport by descent, you will need proof of their father's British citizenship. Do you have a copy of his British passport or some other proof of his British citizenship? There is no central database of British citizens and when making a passport application, especially a first passport application, it is for the applicant to prove that they are British citizens, not the HMPO.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

JB007
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Re: Spouse visa with NON British Dependant and 6 british Dependants

Post by JB007 » Mon Sep 13, 2021 9:08 am

kinami wrote:
Sun Sep 12, 2021 11:09 am
I'm Australian born and raised, I had 1 child in Australia before moving to the UK with my ex-husband. I was in the UK in 2009 where I had ILR and had 2 children born in the UK.
We divorced in 2011.
I partnered with someone after that and had 5 other children ( they were born in Morocco but he is British born and raised in a Moroccan family)

Is the "6" children in the title a typo?

Did you get British citizenship?

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Casa
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Joined: Wed Jul 23, 2008 2:32 pm

Re: Spouse visa with NON British Dependant and 6 british Dependants

Post by Casa » Tue Sep 14, 2021 8:32 pm

Due to family/work commitments I'm not able to contribute on the forum as frequently as previously,
however reading through your post, can you first confirm whether when you mention 'partnered with', you are referring to being unmarried?

Alternatively, was there a religious unlicensed marriage performed, known as a Fatiha marriage where there is no official registration and therefore isn't legally recognised? Much of your current situation depends on this.

If you are a single (unmarried) mother, L'association Solidarite Feminine are a non-profit organisation who provide advice and support for mothers who have been unable to legally register their children in Morocco, especially if the father isn't present. There were reforms to the Moudawana (family code) in 2004 but in practice not all of these reforms (including the rights of unmarried women) have been adhered to.

In 2019 there were reports of steps being taken by The Ministry of the Interior in Rabat to allow registration of children currently with no legal status in Morocco, but I suspect that the wheels will turn slowly in addressing this.

There has also been good advice given previously in this thread regarding contacting the Australian Embassy for assistance. https://morocco.embassy.gov.au/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

kinami
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Posts: 27
Joined: Sun Sep 12, 2021 10:51 am
Australia

Re: Spouse visa with NON British Dependant and 6 british Dependants

Post by kinami » Sat Sep 25, 2021 5:52 pm

thanks for your reply.

I'm currently divorced from the Moroccan I was married to and my divorce paper is complete, our children are now registered and I have legal hadana and nafaqa stipulated by the court in our talaq paper.

Im currently partnered with a British citizen under an Islamic marriage ( fatiha) and we hope to live in the UK together.
He comes to morocco once a month for 4 to 5 days and we see each other mostly in the daytime with the kids as he stays in a hotel ( this way the kids can adjust slowly)
but both our names are on the booking of the hotel.

Being that I'm Australian I moved to Morocco in 2014 and my ex-husband never made my visa or residency so I was told by the walayatal aman I must leave and pay a fine for being here illegally. I cant travel to Rabat to the embassy to make the passports of my children since I can't get a vaccine as I'm ' illegal' and I can't leave without their passports!!!!

I'm totally stuck and the longer I'm here the more financial burden on myself, my husband and my ex.
My ex lives in England and wants the kids to travel to England and live there too but I don't see that is any benefit to the visa situation at all

I appreciate your help as I'm feeling totally stuck and alone here in morocco and corona has not helped at all either has the embassy

kinami
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Posts: 27
Joined: Sun Sep 12, 2021 10:51 am
Australia

Re: Spouse visa with NON British Dependant and 6 british Dependants

Post by kinami » Sat Sep 25, 2021 8:04 pm

hi, thanks for your reply

yes, he is a brit
he has British birth certificate and passport
I have 2 children born in the UK and 4 born in Morocco ( I was told I just need to translate their birth certificates and submit the passport application with their fathers birth certificate and the birth certificate of my British children for their applications.
the thing is I would need 4 birth certificates of his I think, which is a hassle but doable.

Australian passports require both parents signatures, always. if one doesn't consent then a passport may be issued in some situations but its long and you need court documents etc. Im not sure of how easy that would be considering morocco considers my children Moroccan only and doesn't consider them dual citizens.

secret.simon wrote:
Sun Sep 12, 2021 3:28 pm
Sorry to hear about your situation. @Casa is more knowledgeable than most on these forums on Moroccan family law and may be able to advise more when online.

Have you tried contacting the Australian consular assistance helpline for consular assistance and on getting Australian passports for your children (I believe that you may have to register them as Australian citizens first)?

Re getting the approval of your ex-husband for applying for an Australian passport for the children, the link above merely states that "if you are 15 years of age or younger, your parent must sign your application". The singular form of "your parent" suggests that just one parent (ideally the Australian parent, i.e. you) needs to sign the form.

Regarding your ex-husband, are you sure that he was a British citizen? Keep in mind that "British born" is not the same as "British citizen".

Also, generally, to apply for the childrens' British passport by descent, you will need proof of their father's British citizenship. Do you have a copy of his British passport or some other proof of his British citizenship? There is no central database of British citizens and when making a passport application, especially a first passport application, it is for the applicant to prove that they are British citizens, not the HMPO.

kinami
Newly Registered
Posts: 27
Joined: Sun Sep 12, 2021 10:51 am
Australia

Re: Spouse visa with NON British Dependant and 6 british Dependants

Post by kinami » Sun Sep 26, 2021 1:29 pm

my partner has about 24k annual income, I have child maintenance from Moroccan court stating 10,000 dirham per month about 8000 GBP annually

I have one non-British child and 6 British children ( 4 born in morocco but entitled to British passports etc)

My partner lives in a council flat, how do we go about the accommodation process and overcrowding. ( he is in a one-bedroom flat )
we obviously can't live there

is child maintenance accepted as income in this regard? it puts our joint income at 32k+ per year
does that mean we don't need to prove any savings etc?

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