DNA testing can help to establish immigration status
Written by Piyush Yadav
Courts in other countries are increasingly accepting DNA evidence for applications to bring a relative into the country from overseas, particularly from India.
The India diaspora is large and well-established, especially in the USA, Canada and the UK and it frequently happens that there is a need to bring a family member from India to live with immediate relatives settled in another country.
As governments increase the restrictions on immigration and tighten the rules a refusal to allow a child to join its parents, a wife to join her husband and children, or an elderly widowed parent to come to live with and be looked after by a son or daughter can be painful and distressing. This is especially true when the extended family tradition is a strong one in the former “home” country.
It can be frustrating when documentation, such as birth and marriage certificates, and eye witness testimony are not considered enough by the courts, but there is one piece of evidence that can solve many of the courts’ objections and this is DNA test results that can clearly demonstrate a kinship connection between parent and child or between siblings.
It is not unusual within the extended family system for some members of a family, such as father, mother and a particularly young child to move overseas first and establish themselves before bringing over older children who have been left with aunts, uncles or grandparents.
The reasons may be economic or they may be because the child left in the home country is at a particular point in their education when it would be disruptive and damaging to move them.
Equally the husband may move first, leaving his wife and perhaps a newbo
to follow once the baby has grown a little and become a bit more robust.
With global travel now a commonplace, it is also not unusual for families to seek a suitable bride or groom for a child from their country of origin and this is one of the reasons why the immigration authorities and the courts in the western world may be more wary and sceptical about applications for residence. There has been a great deal of adverse publicity about forced marriages, where families have taken teenage girls on “holiday” then kept them confined until they agreed to a marriage that has been arranged without the girl’s knowledge.
The DNA test lab can solve many of these problems. It is possible to provide a sample to many collection centres in India that is then sent for DNA testing in Delhi. Once the result has verified that the relationship is genuine the information and documents can be supplied to the court opposing an immigration application and generally this solves the problem.
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