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taking under 18 to oz without parents consent?


fitnesstasha

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Morning!

 

i should expect this has been asked loads of times, but would I be able to apply for a visa for myself and my family inc my 16 year old boy who ISNT my husbands? im sure the answer to this is no.

 

Our plan was always to wait until he was 18 as he is up for going to Oz and then he can make his own mind up without his father, he has been to oz (my son) and loves it

 

It also worries me that they may consider my son @ 18 to be dependant ?

 

ahhhhh the stress eh?!

Txx

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Guest The Ropey HOFF

I think if you apply now for a permanent residency visa, by the time it is sorted he will be close to 18 and both your problems will be solved, best of luck.

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Guest The Ropey HOFF
but wouldnt i need written permission as part of the visa? wouldnt it flag up that he wasnt my hub? x

 

 

I don't know, hopefully someone else can reply, I have read on here that as long as you can prove your child is still dependant after 18 you can still ad them on your visa app, I can't recall how you prove it, again someone should know the answer.

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I'm not sure what or if the age cut off point is for parental responsibility. It could be 16 or 18. If it 16 then your son is old enough, if its 18 then you are going to have to get the father to agree and sign on the dotted line or if he doesn't then go through the courts to get them to grant permission.

 

I'd suggest consulting with a migration agent just to cover your bases. Go Matilda and one or two others get good feedback on here.

 

My understanding is your son needs to be dependant on you, so living at home, attending education and not working (research if part time work during studies is ok) and so on. So you are paying for his food and supporting him financially etc then that should be ok (if you were to apply now or before he turns 18). Once he turns 18 things change if he isn't in education or is working full time etc. Again, do some research and make sure you cover all your bases.

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Be very careful...waiting until he is 18 is a double edged sword...he would need to be dependent on you which means he probably can't work or needs to be in education. If he does go out to work then he may exclude himself from being able to join you. Possibly ever. Or it will keep you out of Oz if you won't leave him. Get specialist advice now to plan the right strategy. An ill-informed decision on how you are going to apply now could muck things up big time for you.

 

There is nothing stopping you from trying to get a court order to give you permission to take him now. If he is 16 there is a very good chance the court would listen to his wishes. Does he have much contact with his father? Does he definitely want to move away from him??

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Guest Guest63690

You will need the fathers written permission before you are granted the visa up to the age of 18. If he does not supply it you will have to apply to the courts for permission. It is called a leave to remove case. In the UK, the courts grant permission 91% of the time. The 9% that are not given tend to be because the father (or on occasion the mother) has a shared residence order in place.

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