?legal gaurdain ship

RachealB

Hi
Hope in right forum..My niece lives my mam for the last few years she is 16 and on her birth cert there is no father, her father was in her life but my sister never put him down. My sister is a drug addict and is living with an non irish citizen and married him so he could stay in the country, they are married 3 years now.. My niece needed a new passport and my sister (the idiot) put down my nieces last name as that of her husband, and went to limerick solicitor to get a letter signed(her husband was not present) to say that her husband is my nieces father and that they both legal parents( bull crap) she does nothing for her, only getting her dole for her.
Anyway, My niece know nothing about this as she worshipped her dad, he has passed and would be very upset.
What can we do?? Does the solicitor have the right to sign and swear that my sister husband is the father without any proof, He was not in the country at the time, only in Ireland 4 or 5 years and trying to get full citizenship.. Don't know what to do..

mentalist101

Its Illegal, take the forms to the guards and explain to them... they will sort this all out for your niece

hfallada

Marriage of conveniences can be reported to immigration(ie sham marriages). I dont understand the rest of your post through. If you think they are putting your niece as his daughter to get citizenship, you can should be able to stop his citizenship with a reporting it to immigration. I think your niece would probably be better off living with you regardless of the whole situation.

RachealB

Yeah tried going to local garda they said nothing they can do??????????.. Will try the super tomorrow. Just my sister is a drug addicit hubby also.. She is not right in the head. Daughter lives with us.. Just makes me mad,, Thanks for the advise.

mentalist101

Hard to believe that the garda can do nothing about it. Try going to your community welfare officer and they should be able to help. Also call the immigration office and inform them of the sham marriage and naturalization con.

Pro Hoc Vice

mentalist101 wrote: »

Hard to believe that the garda can do nothing about it. Try going to your community welfare officer and they should be able to help. Also call the immigration office and inform them of the sham marriage and naturalization con.

While I accept the OP has a very valid point on the guardianship issue, the family law legal aid board can help with that.

I can not see the sham marriage, the guy is more than likely a bum and drug addict as is the OP's sister but they are married and living together. They are married more than 3 years and I assume living together for that time. Well then he is entitled to apply for naturlisation. Unless the OP is saying they are not living together as husband and wife and that her sister was paid to marry the guy then it is not a sham marriage.

mentalist101

infosys wrote: »

While I accept the OP has a very valid point on the guardianship issue, the family law legal aid board can help with that.

I can not see the sham marriage, the guy is more than likely a bum and drug addict as is the OP's sister but they are married and living together. They are married more than 3 years and I assume living together for that time. Well then he is entitled to apply for naturlisation. Unless the OP is saying they are not living together as husband and wife and that her sister was paid to marry the guy then it is not a sham marriage.

He is entitled to Naturalization but not by illegally claiming that the OP's niece is his daughter which seems like the plan. If the OP's Sister and her Husband are not in employment, he most certainly will not be granted citizenship as he is a burden on the state. By making him the father/ Legal Guardian on the application, it give him more standing as he has more Irish associations by having an Irish born child/dependent. Therein lies the fraud which might indicate the marriage is a sham if they have to go to such lengths to apply for naturalization.

Pro Hoc Vice

mentalist101 wrote: »

He is entitled to Naturalization but not by illegally claiming that the OP's niece is his daughter which seems like the plan. If the OP's Sister and her Husband are not in employment, he most certainly will not be granted citizenship as he is a burden on the state. By making him the father/ Legal Guardian on the application, it give him more standing as he has more Irish associations by having an Irish born child/dependent. Therein lies the fraud which might indicate the marriage is a sham if they have to go to such lengths to apply for naturalization.

He does not have to claim the OP's niece as his daughter, he only has to be married for 3 years. Being the parent of an Irish Citizen gives no stand alone right to naturlisation as marriage does. If he is turned down for naturlisation because of unemployment on an application based on marriage he will also be turned down on any application based on Irish associations. Also does anyone really think the department will not check to see if he was in the country 17 years ago. Simply put being the parent of a citizen child gives no extra rights over marriage, in relation to naturalisation. Also if someone is going down the sham marriage route marriage to an Irish citizen is the worst choice as EU citizens have far stronger rights under the treaty.

The only way to make the husband the father is by application to the registrar of births and marriages. All that seems to have happened is that the child has had her surname changed to that of her mothers new partner in her passport. There are many ways to fix that.

mentalist101

infosys wrote: »

He does not have to claim the OP's niece as his daughter, he only has to be married for 3 years. Being the parent of an Irish Citizen gives no stand alone right to naturlisation as marriage does. If he is turned down for naturlisation because of unemployment on an application based on marriage he will also be turned down on any application based on Irish associations. Also does anyone really think the department will not check to see if he was in the country 17 years ago. Simply put being the parent of a citizen child gives no extra rights over marriage, in relation to naturalisation. Also if someone is going down the sham marriage route marriage to an Irish citizen is the worst choice as EU citizens have far stronger rights under the treaty.

I understand that he is entitled to naturalization simply based on marriage to the OP's sister, I am simply stating that it is illegal to forge documents stating that he is the OP's nieces father to help in anyway further his application or for any other reason.

The OP needs to help her niece sort things out to prevent any complications in the future.

Pro Hoc Vice

mentalist101 wrote: »

I understand that he is entitled to naturalization simply based on marriage to the OP's sister, I am simply stating that it is illegal to forge documents stating that he is the OP's nieces father to help in anyway further his application. Spouses

The OP needs to help her niece sort things out to prevent any complications in the future.

There is no evidence of forgery, if there was AGS would have been interested. There is nothing in the OP to say the child's birth cert has changed, only that the child's surname as recorded in her passport should be that of her mother who I assume has taken the name of her husband. Its bad form if the child did not want it but based on the OP I can see no crime.

I also advised the OP to go to Family Law Legal Aid, who may be able to offer the OP's mother and her niece correct legal advice, on the situation.

mentalist101

Getting an affidavit saying he is the child's father when he isn't is a crime though I doubt any solicitor will sign that without proof. It is bad for to change her surname with out her permission but it seems like there is more to the story than that.

Pro Hoc Vice

mentalist101 wrote: »

Getting an affidavit saying he is the child's father when he isn't is a crime though I doubt any solicitor will sign that without proof. It is bad for to change her surname with out her permission but it seems like there is more to the story than that.

I doubt that was what was in the Affidavit, as any lawyer would inform the mother that an application would have to be made to the registrar of births and marriages. I would assume the affidavit was to say this couple was married and as the child never used her fathers name it was to allow the passport to record the husbands surname.

Hence why I said get proper legal advice.

mentalist101

infosys wrote: »

I doubt that was what was in the Affidavit, as any lawyer would inform the mother that an application would have to be made to the registrar of births and marriages. I would assume the affidavit was to say this couple was married and as the child never used her fathers name it was to allow the passport to record the husbands surname.

Hence why I said get proper legal advice.

I only can give advice depending on what the OP said and she clearly said that was what the affidavit was for, which i also doubt will be given to her by any solicitor with half a brain. The OP should see her local CWO and they can assign a social worker to her niece which will help in getting all the help she needs especially if she intends to help her mam get legal guardianship of her niece, the testimony of a social worker can really help.

Pro Hoc Vice

mentalist101 wrote: »

I only can give advice depending on what the OP said and she clearly said that was what the affidavit was for, which i also doubt will be given to her by any solicitor with half a brain. The OP should see her local CWO and they can assign a social worker to her niece which will help in getting all the help she needs especially if she intends to help her mam get legal guardianship of her niece, the testimony of a social worker can really help.

I agree social worker would be a good first step.