candt Posted January 22, 2014 Share Posted January 22, 2014 Hi all We are hoping to get a 457 visa, do we need permission from the absent parent to bring our 16 year old from the Uk? No court orders in place but he does pay Csa. I read somewhere that the rules from the home country counted so we wouldn't need it at 16. thanks for any replies Link to comment Share on other sites More sharing options...
oz2014 Posted January 22, 2014 Share Posted January 22, 2014 I have done little research as I have sole parental responsibility for my 16, and wanted to be sure I don't need permission. If absent parent has PR think need permission but for younger as children 16 and over can decide where to live themselves. This is what I gather but may be wrong best check with soliciter or social worker. Link to comment Share on other sites More sharing options...
candt Posted January 22, 2014 Author Share Posted January 22, 2014 Thanks, that's what we're hoping. Good luck hope it all works out well for you Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 22, 2014 Share Posted January 22, 2014 I would seek some professional advice Link to comment Share on other sites More sharing options...
dxboz Posted January 22, 2014 Share Posted January 22, 2014 Pretty sure you need consent for under 18s. You will be able to find this information on imm.gov.au Link to comment Share on other sites More sharing options...
Isabelt28 Posted January 23, 2014 Share Posted January 23, 2014 Hi there we applied for 457 from UK to Oz 2.5 years ago, and needed parental consent from my step sons mum to bring him over he was 16 at the time, we had to get her to sign a specific form (1221??) Link to comment Share on other sites More sharing options...
nic1171 Posted January 23, 2014 Share Posted January 23, 2014 It depends on a few different things, don't know full ins and outs but my scenario was 1. Never married the dad so because my son was born before The Hague convention I have full parental responsibility albeit his dad was paying child support at time of immigration. My son was 16 at the time. 2. I wrote a stat dec with a law person acting on behalf of a solicitor can't remember their title! but stated point number 1, that it was my sons wish to come to Australia and I didn't know where the dad was living so couldn't ask him. there were no questions asked by case officer, they accepted this, this was just last year. Think it's def different if you were married to the father however as your son is 16 even if the dad contests it you may need to go to court but your son is of an age where he can choose. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted January 23, 2014 Share Posted January 23, 2014 I had to get permission for my 16 year old and when the ex wouldn't give it I had to get a court order allowing it. The most bizarre thing is that my daughters Father was already in Australia himself but I still needed his permission to remove our child from the UK. Nothing is ever easy ! Link to comment Share on other sites More sharing options...
candt Posted February 9, 2014 Author Share Posted February 9, 2014 Thanks for the replies. I did read them when you posted them but thought I'd give an update. We haven't submitted an application yet and it may not be a problem getting permission from his dad, as it's what my son wants. Unfortunately I was married to him. He only sees his dad about 3 times a year as we live 250 miles apart and he doesn't make the effort to see him. I just wanted to be prepared in case it's an issue. I read on another post that the Hague convention states that a 16/17 year old can decide themselves. So I'm hoping that, as this is the law in my sons country of origin (England) that the Australian Immigration will except that. I have tried to find a definitive answer by calling the Australian embassy in London but the customer advisor didn't know and advised me to ask a solicitor!? I also tried citizens advise, a family solicitor offering free initial consultations for £120 (work that out?) and a couple of other free law advisors none of whom knew the answer. So in an attempt to get a definitive answer I have written to the Australian embassy. I will update the post when I get a reply. Fingers crossed Link to comment Share on other sites More sharing options...
ali Posted February 9, 2014 Share Posted February 9, 2014 The embassy don't offer advice on migration - they're not experts - you perhaps need to contact a MARA agent Link to comment Share on other sites More sharing options...
candt Posted February 9, 2014 Author Share Posted February 9, 2014 Thanks I never knew that. A legal advisor for civil law told me to write to them. I will try and google a MARA agent, do they offer free advise as it's just a general question at this stage? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted February 9, 2014 Share Posted February 9, 2014 All you need to do is get your ex to sign to say he agrees. If he doesn't then chase it up but I don't think you'll get that definitive answer from the Embassy as its whether your case officer will grant you a visa without that bit of paper from your ex . This is where an agent is invaluable. Link to comment Share on other sites More sharing options...
candt Posted February 9, 2014 Author Share Posted February 9, 2014 Ok thanks. I suppose I just want to try and cover all bases before we apply. Maybe best to just wait and see then. Link to comment Share on other sites More sharing options...
oz2014 Posted February 10, 2014 Share Posted February 10, 2014 Have spoken to agent ( recommended on either this or perthpoms ) and have been reassured as my daughter 16 she can chose where she lives under uk law. Her dad is not on birth cert and as she was born before 2002, I have sole parental responsibility so shouldnt cause any problems in moving. If case officer ( when we get one) asks for info I should email with this info. Haven't lodged yet but will update if any changes. Link to comment Share on other sites More sharing options...
candt Posted March 17, 2014 Author Share Posted March 17, 2014 Thanks. I'm a bit stuck as to what to do next. We are waiting on a employment contract from the Australian company, they have an agent they use to do the visas. So don't have an agent to ask yet. Unfortunately I was married to my sons father, we have asked him to sign the form and after 6 weeks he's come back saying if we cancel the Csa claim he will sign! So I cancelled it last Wednesday and still no signed form! I am so hoping that we won't need permission as he's 16 nearly 17 Link to comment Share on other sites More sharing options...
oz2014 Posted March 17, 2014 Share Posted March 17, 2014 Have now got case officer and under custody evidence it states not required. So hoping no info needed uploaded passport and birth cert. however she needs police check and full medical. Link to comment Share on other sites More sharing options...
oz2014 Posted March 17, 2014 Share Posted March 17, 2014 Thanks. I'm a bit stuck as to what to do next. We are waiting on a employment contract from the Australian company, they have an agent they use to do the visas. So don't have an agent to ask yet. Unfortunately I was married to my sons father, we have asked him to sign the form and after 6 weeks he's come back saying if we cancel the Csa claim he will sign! So I cancelled it last Wednesday and still no signed form! I am so hoping that we won't need permission as he's 16 nearly 17 hope he signs ASAP if not pity u didn't get signature before cancelling csa. Hopefully as uk law states age 16 can choose where they live and ur ex is clearly not thinking what best for child if he doesn't want to contribute to his cost of living. good luck Link to comment Share on other sites More sharing options...
jodipodi Posted March 17, 2014 Share Posted March 17, 2014 It is the law of the country in which the child resides which determines whether you need permission to remove a child from the country. In the uk Hague Convention Law no longer applies at age 16....COs don't always realise this and sometimes need reminding of the law. Hope you get sorted in the best way for all xx Link to comment Share on other sites More sharing options...
jodipodi Posted March 17, 2014 Share Posted March 17, 2014 Thanks. I'm a bit stuck as to what to do next. We are waiting on a employment contract from the Australian company, they have an agent they use to do the visas. So don't have an agent to ask yet. Unfortunately I was married to my sons father, we have asked him to sign the form and after 6 weeks he's come back saying if we cancel the Csa claim he will sign! So I cancelled it last Wednesday and still no signed form! I am so hoping that we won't need permission as he's 16 nearly 17 If this was me...and it's not so you obviously have to make your own choices about your children .....but if it was Me.....I wouldn't even chase him for any signature....you do not need it if the child is 16 and usually resides in the Uk. I've read about so many people who have been told they need this and that, paid thousands in court fees....for some permission that is not a legal requirement...after age 16. I'm in a similar position..and will be making the move once my daughter turns 16....I've done a LOT of digging to find this information because of my own similar situation xx Link to comment Share on other sites More sharing options...
candt Posted March 17, 2014 Author Share Posted March 17, 2014 Thank you all so much, I could cry. What a relief. I didn't know for sure but after reading your replies, I feel really confident it's not needed now. The ex has enjoyed torturing me with this, the evil little man. Link to comment Share on other sites More sharing options...
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