Help needed. What to do first???

[ImageConfident]

Hi Guys.

 

I have tried searching the forum for answers but am so confused :wacko:

 

We are wanting to move out to Cairns as quickly as gathering the documents and finances will allow. But could really do with some advice and opinions on the best way to proceed and what to do first...

 

Background info:

 

I currently own and run a business (not on skills shortage list) so am thinking of using my previous career. I have a Bsc hons degree in Health Community and Social Care and was employed by local council as an Education Welfare Officer (4.5 years) finished employment in May 2012. The OZ equivalent career is a Student Counsellor and is on the list for a sponsored migration for Queensland.

 

Husband is a current serving Police Officer (11years) and has a degree in Mathematics.

 

I have 2 children (aged 12 and 11) by former partner, who they no longer see and who has a 5 min telephone conversation with every 6/8 weeks. We have been keeping a diary of evidence for several years due to problems with contact and treatment of the children. However he is a stubborn git. He does not have any parental responsibility. Both children are happy to leave him and have actually refused to go and visit him. I get minimal (£5 per week) maintenance from him.

 

Also we have a doggy (Cleo the retriever) who will def be coming with us.

 

We own a house but don't believe there will be much equity from the sale as and when we go, but not too worried about that.

 

Questions:

 

1. Would we be better selling now and renting somewhere cheaper whilst we save up?

2. Visa application/skills assessments - which comes first?

3. Do I apply for sponsored visa first or normal one? Also how do I get to be sponsored by the state in the first place?

4. Do I need the permission from biological father before we can submit the application?

5. Can I still use my previous career even though I no longer work there?

6. If I am sponsored by the State, do I have to take up a role in the designated profession or can I take any work?

7. Am I right in thinking that you only pay for one visa application for the whole family and only pay the 1st instalment if the family are fluent and literate in English?

 

Thank you in advance for your help and support, it really means a lot. I am eating drinking sleeping and dreaming OZ at the moment, lol.

 

Catherine xx

[lebourvellec]

Welcome to PIO.

 

It may be worth running your case past a Registered Migration Agent.

 

12 months out of 24 months recent work experience is no longer a requirement after 1 July.

 

The OZ equivalent career is a Student Counsellor and is on the list for a sponsored migration for Queensland.

Are you sure??http://203.210.126.185/dsdweb/v4/apps/web/secure/docs/4498.pdf

 

 

Questions:

 

"1. Would we be better selling now and renting somewhere cheaper whilst we save up?" - Cant really answer that - but if you are eligible and granted a PR visa it is valid for 5 years (needs to be validated, by making first enter to Australia, by a specified date within first year of it being granted) due to the new Skillselect application process which starts on 1 July - I would say no, as you do not know if you will get an invitation to apply.

 

"2. Visa application/skills assessments - which comes first?" You will require positive skills assessment and likely IELTS (for extra points) before you can Lodge and Expression of Interest. If you receive Invitation to apply then you would lodge your visa application.

 

"3. Do I apply for sponsored visa first or normal one? Also how do I get to be sponsored by the state in the first place?" The occupation 'Student Counsellor' is on SOL 2 therefore you would need State Sponsorship - the SKillselect requires you to be nominated by the state.

 

"4. Do I need the permission from biological father before we can submit the application?" Yes - he can make a statotory decleration allowing you to take the children if he does not give permission you would need to get it through the courts. Not sure how it works if the father does not have parental rights but as they have some kind of contact with him you would likley need permission.

 

"5. Can I still use my previous career even though I no longer work there?" Yes but you will need to get references for Skills Assessments and for claiming points for work experience.

 

"6. If I am sponsored by the State, do I have to take up a role in the designated profession or can I take any work?" You can do any work

 

"7. Am I right in thinking that you only pay for one visa application for the whole family and only pay the 1st instalment if the family are fluent and literate in English?" Yes but there is word that DIAC are going to change the payment structure and might be a fee for each additional secondary applicant - but not sure if that will be introduced when the visa charges increase on 1 July or that will be for the future?

 

http://www.immi.gov.au/skills/skillselect/

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/points-tested-migration-fact-sheet.pdf

[Delaneym]

'He does not have any parental responsibility'

 

hi can i check what you mean by this? Were you not married and he was not on birth certificates or do you mean a court has taken his pr away? Sounds like exciting times ahead when that australian buzz hits you!

[lebourvellec]

Even when fathers dont have parental responsibility - CO can still ask that there has been a check done through the court to prove this or need to get permission by father by signing Form 1229

http://www.pomsinoz.com/forum/migration-issues/152576-help-needed-what-do-first.html

 

Always best to get advice from Registered Migration Agent in these situations.

[ImageConfident]

Thank you for your replies. It has been driving me insane trying to find these answers lol.

 

With regards to the absent father's parental rights. He is named on Birth Cert, but we were not married, nor did we get married. We were able to change the children's surnames without having to inform him. Am obviously planning on letting him know our plans, but didn't want to cause uproar until we have to (for the children's and my sake).

 

At least I now know where to start :-)

 

Thanks Catherine

[Delaneym]

Thank you for your replies. It has been driving me insane trying to find these answers lol.

 

With regards to the absent father's parental rights. He is named on Birth Cert, but we were not married, nor did we get married. We were able to change the children's surnames without having to inform him. Am obviously planning on letting him know our plans, but didn't want to cause uproar until we have to (for the children's and my sake).

 

x

 

At least I now know where to start :-)

 

Thanks Catherine

 

 

Thats interesting as in my role I am led to believe that a father retains pr even if not married but on birth certificate ( and if not on birth certificate after 2004 has the right to go to court to petition for pr) . I wish you all the best and hope it goes as quickly and smoothly as it can for you all x

[Mogwai]

Our application is on hold at the moment due to the absent father - parental responsibility issue. I can only tell you what our solicitor has said to us, and what we are actually doing.

 

My ex hasn't been in touch with our daughter since she was 3 years old, she's now 12. He pays no maintenance and hasn't tried to contact us at all in that period.

His name is on the birth certificate but as she was born before 2004, and we were not married, he does not automatically get parental responsibility, and a form should have been given to us to sign by the midwife to give him PR - we never got this. If we had been married he would automatically have been given PR.

 

If a child is born to unmarried parents AFTER 2004 and his name is on the birth certificate he automatically gets PR.

 

However, because my ex's name was on the birth certificate we were told we needed his permission for her to leave the jurisdiction. If he agreed he would have to sign a statuatory declaration and the 1229 form.

 

If he did not agree (which my ex did not) then we would have to go down the court route, where the court can look at the details and either make a decision there and then for you, or they can order a Cafcass report, where they take into account the father's, the mother's and the child's wishes and best interests.

 

Make sure you draw up a list showing that you have thoroughly thought the move through - that you have looked at accommodation, employment, schooling, extra-curricular activities, the pros and cons of why you're wanting to make the move etc, as this will help your case. We have provided school prospectuses, out of school club brochures etc - things to show that your child/ren will have a better lifestyle etc.

 

We are, at the moment at the stage where my ex is playing solicitor letter tennis with us - he keeps saying that he will THINK about changing his mind IF I give him parental responsibility.

 

Our solicitor has advised us to allow him indirect contact via email only, stating that we would look at letting him have PR after 6 months of consistently regular contact but in the meantime he has two weeks left to give us his final decision about allowing our daughter out of the jusrisdiction before we put in the court application.

 

You are under no obligation to give him PR, it is your choice, however, he could lodge an application for PR with the courts himself and they would make the decision based upon his contact, and his provision for the children. The fact that you've kept a diary of contact is good, and as the children are of an age where their choices and opinions are taken into account in the courts decision, looks positive. I would advise going and speaking to a family law solicitor though.

 

Gem