Any advice greatly received

[Guest Trakki]

Hi all and a happy christmas to you all.

 

We have submitted our 175 application and have everything done so are just basically waiting for an answer. OH's oldest daughter Sarah is flying out with us when we go and deciding whether she wants to stay and study or come out at a later date. we didn't include her or Steven (OH's 14 year old) on the application but are now wondering if we would be able to add Sarah. She is 16. She has had the meds and is now going to have the blood test, (panel Dr didn't do it as she was not coming with us but she got a letter from LCU requesting one.) So as she has effectively done all this would I be able to fill in a forn 1022 to add her or would it endanger our application?

 

If we did add her and she decided not to come (she would have validated her visa when we go out) would this matter, would her visa just get cancelled or would it affect ours?

 

Hope someone can help

 

Tracey

[Guest Gollywobbler]

Hi Tracey

 

You can definitely add Sarah to your application, though I don't know the procedure for doing it with an on-line application.

 

If Sarah is included and goes on to validate her visa, she will then have 5 years from the date that the visa is granted in order to decide whether she wants to move to Oz permanently or not.

 

What about Steven, though? Is he adamant that he does ot wat to migrate and wouldn't want to even once he can choose where to live and what to do? I'd suggest that diplomacy will be needed because you don't want a situation where Steven imagines that you are actively encouraging Sarah but that you don't want to offer him the chance of a life in Australia as well.

 

When I was a child, my parents lived in Malaysia. I came to boarding school in the UK when I was 8. Mum & Dad came on leave to the UK to get everything ready, buy uniforms etc and my six year old sister came too. Once I was installed in School, Mum & Dad went back to Malaysia with my sister in tow. Apparently Elaine (sister) asked them, "Why can't I go tothe Big School in England? It is because I'm not clever enough?" Poor little mite!!! They had to give her loads of TLC and convince her that the only issue was that she was still too young for it. Childrens' logic can follow strange patterns, I reckon.

 

Best wishes

 

Gill

[KazzE]

As a matter of interest does anyone know if 16yr old needs the other parents permission to leave the country?

 

the situation I am thinking of the migrating parent has residency, the other parent is refusing to give permission at the moment

 

ta x

 

Karen

[Guest Gollywobbler]

Hi KazzE

 

I am relieved to say I have never done any Family Law - I thinkit must be a heartbreaking area of practice.

 

I will "investigate" (aka pick the brains of solicitor chums who do know about Family Law) & see what I can discover for you.

 

Cheers

 

Gill

[Life on easy street]

As a matter of interest does anyone know if 16yr old needs the other parents permission to leave the country?

 

the situation I am thinking of the migrating parent has residency, the other parent is refusing to give permission at the moment

 

ta x

 

Karen

 

There is always two sides to every story so:policeman:

Yes you do need the permission from your ex partner

But I am not sure at what age this requirement ends

 

If you do not get permission you have to go through the courts

And they will decide yes or no.

[Guest Trakki]

Thanks Gill. I thought it probably wouldn't be a problem but really not sure how to go about it, I wondered if I could fill in a form 1022 change of circumstances and scan it and attach it to the attached documents or whether I need to post it, if it is the right form.

 

I was hoping there would be someone around, ie agent or someone who has done it that could nudge me in the right direction.

 

Tracey

 

ps luckily we don't have any probs with permission from their mum who they live with, it was an amicable split so no probs there.

[Guest Gollywobbler]

Thanks Gill. I thought it probably wouldn't be a problem but really not sure how to go about it, I wondered if I could fill in a form 1022 change of circumstances and scan it and attach it to the attached documents or whether I need to post it, if it is the right form.

 

I was hoping there would be someone around, ie agent or someone who has done it that could nudge me in the right direction.

 

Tracey

 

ps luckily we don't have any probs with permission from their mum who they live with, it was an amicable split so no probs there.

 

Hi Tracey

 

I doubt that Form 1022 is the right one.

 

This one looks like it would probably be requested:

 

http://www.immi.gov.au/allforms/pdf/1229.pdf

 

As for actually adding the child to the application, I guess they might ask for a new version of the main aplication form (but just the form, not the full Monty package) or there may well be a searate, unpublished form that they wuld send you to complete.

 

If ou are using an Agent, your agent should be able to suss out what the drill is. If ouare ot using an agent, wait till 27 December and ask the Australian HC in London for guidance, I suggest. Please see here:

 

Visas and migration - Australian High Commission

 

Cheers

 

Gill

[Guest Gollywobbler]

As a matter of interest does anyone know if 16yr old needs the other parents permission to leave the country?

 

the situation I am thinking of the migrating parent has residency, the other parent is refusing to give permission at the moment.

 

ta x

 

Karen

 

 

Hi KazzE.

 

If the relevant Parent already has a PR visa for Oz, then a separate Child visa would be needed for the 16 year old child.

 

Lawyers who know about Family Law in England & Wales say that a 16 year old can chose which Parent to live with and can choose to go aboard if they so wish. You might have to haul the mother to Court on behalf of the child in order to convince her of the child's right to choose, though.

 

Cheers

 

Gill