I am from the Philippines, my Belgian partner is now planning to take me to Belgium via cohabitation visa after living together here in the Philippines for more than 2 years now. He works on the sea and every other month he comes home to me. Its cost us a lot of money for the flight tickets, reason we are both decided now to move to Belgium. We went to the embassy, talked to the consul and she advised no problem applying and getting approval for cohabitation visa as we have a very good foundation of our relationship living together and all the proof needed, we have it. What complicate things is that I have a 5 yr old kid we want to take with us. My son's last name is not mine but under the last name of his biological father. His father abandoned him at 2 yrs old. So basically he grew up under the care of his Belgian step father and for him his real father is my Belgian partner. He doesn't have any recollection of his biological father since he was too young when he left. I contacted visa section of the embassy and they advised they will be needing the parental consent of the biological father which is something I cannot obtain as I do not have any contacts with him since he left. And even if I can contact him I doubt it that he will give me that consent. Another option they said is a court judgement proving that I have the sole custody of the child (a process that takes quite sometime here in the Philippines).
I have the affidavit of abandonment by the notary but they said they can't accept it. So the only option I have left to bring my child in Belgium is to get that court judgement stating that I have the sole custody of the child which is something too complicated to process here and takes a lot of time. We are looking for faster option as we want him to start his school in Belgium by September of this year.
Anyone here who can give me the best advise or possible options? Or maybe if someone can give me referral for an immigration lawyer who can help me fix things a this is way too complicated for me aside from the fact that its difficult for me to get days off at work to arrange papers as i am working full time in a bank.
Please I need some opinion from those who has the same scenario or maybe those who can help me with this.
Your advise will be much appreciated. Thank you.