LaddermanUS

For the purposes of letting other users know I have just spoken to a lawyer online (JUSTASK) and paid for a solicitor to answer my question. The solicitor has 20 years experience in family law and has been on the site for 6 years with very good feedback. The answer was the UK court can and will make a ruling based on our plans and evidence. I dont have to have the visa in place before i go to Court So thank you to all those that contributed to this thread. I will be taking Isabelj28's advice first before I do anything else.

I think you are speaking the words of wisdom Isabelj28, thank you, I think I will take your advice. Would i be right in saying that if the mother does grant permission and does sign then I still need to go to Court on C100 to get the documents ratified ?

I guess my question now is : Should I apply for the Visa first or go to Court first (having spoken to ex and assuming she denies permission) ?

I feel your case for leave to remove was probably a lot stronger than mine, in terms of you being a professional and having a job already. I mean you answered the UK courts question if Visa's before even filling in the C100 (you had a job offer and are a professional). I am not in a professional job and despite the fact that im a reasonably clever chap, i dont hold a higher education qualification and im not a 'skilled' person (in the eyes of Aus) and I dont have a job offer. Can I just say before anyone jumps in and questions me on my motivations or what I am going to do for money, Im self employed, will be moving my online business to Australia and my new Australian wife is a teacher!!! Thank you so very much CaptainC for all your help though

Hi Isabelj28, thanks for your reply. There is a possibility that she may grant permission, in all honesty I think i have assumed that she would say no, but there is a small possibility and I suppose it would be the right thing to do, to ask her first. So I think I may take your advice and ask her first

I am so glad to learn there is someone else with a situation similar to mine (relief!). So this leads me to a couple of more questions if you dont mind CaptainC? 1. Are you a professional? What I mean is, was your job/experience/skills a given that you would get a job ? 2. In your application for leave to remove how did you demonstrate that you could provide for your family and get a job etc in Australia ? 3. Were there questions asked of you about how you were going to find a job/provide etc in Court? What you have said to me makes sense, but also what Auz House has said also kind of makes sense. How can a UK Court grant me permission to remove the kids and go to australia if the Court cant be sure i would be able to get a job and provide for them? Sorry for all the questions but please, please be assured that you have made my year by helping me here Thanks so much

And can I ask were you granted permission to remove your child/children from the UK? And after that did you then apply for your Visa? (apologies if question are very personal)

Thank you very much for your input CaptainC. What they said, at first, did seem to make sense. In as much as - How can a UK Court grant me leave to remove if I dont have a visa? I was advised to apply for the visa in my name first and IF granted then go for C100. Then apply for visa for children. Do you think i can apply for C100 then BEFORE I have a visa ?

Thanks for the advice Gbye grey sky. Thank you very much.

Wow Major Tom your situation (reading from your signature) is very close to mine, even in terms of where you are wanting t relocate to (we are also considering Berwick!) Thanks for the reply

Hello everyone. Like many people I have stumbled across this forum today and think it's great. I have, what i think, is quite a complicated situation and would welcome any general advice and perhaps some answers to some questions I have. I am 40 years of age and have just married an Australian citizen who has been living in the UK. I have two children from my previous marriage, both of which live with me full-time and I have a child arrangements order in my favour specifying the kids reside with me. There has been very little contact with their birth mother (far too complicated and the not the place to go it great detail) for two years. My new wife is an Australian and we have a 9 month old baby who is going to be registered as an Australian citizen by decent very soon. My wife also has two children from a previous marriage. Both of the children are Australian citizens and their birth father has recently returned to live in Perth following a UK Court case and social services report against him. We want to move to Victoria where my wife's family are based. We all visited Victoria in 2015 for 3 weeks to see if I and the children would like to live there. So I will be seeking a spousal visa and permission from the UK Court to remove my two children from the UK to live in Australia. Today my wife spoke with Australia House and asked for some general advice, they said to apply for my visa on its first and then if granted I can go to Court for the leave to remove (UK court wont issue permission unless i have a visa) and then apply for the children's visa's. That is all clear in my head (i think). So I guess my questions are : 1. I am super-organised type of person, shall i submit a medical report and the police certificate along with the application to ensure it goes through smoothly? 2. Does anyone have any general advice for me in regards to the visa and or the leave to remove case? I'm a pretty switched on person (self employed businessman for 20+ years) and my wife is a PHD student - so we are both switched and can handle the application forms and dealing with all the paperwork so wont be using a migration agent, unless someone thinks that would be a good idea? Any help, suggestions, advice, direction pointing would be gratefully received. I do intend to keep a detailed diary or perhaps a blog of this so that like minded people can see how my situation pans-out. Its not easy to find specific information on the net about leave to remove cases. Thank you in advance