GeordieKat Posted August 14, 2014 Share Posted August 14, 2014 Currently on 186 permanent residency visa. Just wondered if anyone had any info on whether my ex can apply for citizenship of our children without my consent? He moved us here and then left, he wants to stay here, I don't, we aren't divorced yet just separated. I don't want citizenship, and want to return home, but due to the Madrid treaty I can't leave with my children without my ex's permission, or I can be done for abduction of my own children as he won't give permission. I have agreed to stay if he lets the children choose whether they want to be citizens or not when they turn 16, and let us remain on PR visa, however I believe he is going to apply anyway, and I would like to know what my rights are. My 10 year old wants to return to the UK but his dad is not listening to him, my youngest is only 6. I do not want a huge court battle as this is not good for any child, and I am trying to settle this amicably to limit impact on our children, I just need to know what my rights are. Tried calling immigration, currently on hold for the second day running and haven't got through yet after being on hold for half an hour Link to comment Share on other sites More sharing options...
KerryGold Posted August 14, 2014 Share Posted August 14, 2014 Wow, I don't have any expertise on this but I just hope all works out for you. Why don't you try LawAccess NSW 1300 888 529- it is a free government telephone service that provides legal assistance. there has to be something similar for each state. Link to comment Share on other sites More sharing options...
GeordieKat Posted August 14, 2014 Author Share Posted August 14, 2014 thanks for that, will give them a call as im through to immigration but on hold again as we speak as the person is unsure Link to comment Share on other sites More sharing options...
blossom Posted August 14, 2014 Share Posted August 14, 2014 Being a citizen won't make any difference to if you can take them or not. The Geneva convention means that you will have to go to court if he doesn't agree no matter what their status. Link to comment Share on other sites More sharing options...
Guest Posted August 14, 2014 Share Posted August 14, 2014 Sorry to hear this. I'd skip trying to find out what is what from immigration and seek legal advice from someone reputable. Link to comment Share on other sites More sharing options...
Pumpkin Posted August 14, 2014 Share Posted August 14, 2014 Currently on 186 permanent residency visa. Just wondered if anyone had any info on whether my ex can apply for citizenship of our children without my consent? He moved us here and then left, he wants to stay here, I don't, we aren't divorced yet just separated. I don't want citizenship, and want to return home, but due to the Madrid treaty I can't leave with my children without my ex's permission, or I can be done for abduction of my own children as he won't give permission. I have agreed to stay if he lets the children choose whether they want to be citizens or not when they turn 16, and let us remain on PR visa, however I believe he is going to apply anyway, and I would like to know what my rights are. My 10 year old wants to return to the UK but his dad is not listening to him, my youngest is only 6. I do not want a huge court battle as this is not good for any child, and I am trying to settle this amicably to limit impact on our children, I just need to know what my rights are. Tried calling immigration, currently on hold for the second day running and haven't got through yet after being on hold for half an hour In all honesty, having citizenship is really not the issue here. Being citizens doesn't mean they have to stay and not being citizens won't make it any easier for you to move them back to the UK. In your shoes, I would get citizenship for all of you, including yourself, because in the future your children might live here as adults and you might at that point want to be able to live here yourself. As to whether you should leave or stay, that is another question. Link to comment Share on other sites More sharing options...
Quoll Posted August 14, 2014 Share Posted August 14, 2014 Sadly, I'd say you are screwed. It's The Hague Convention that governs the removal of children from jurisdiction and if your ex takes it to the Family Court he will win and you will be prevented from removing them (read the sticky post on this very topic). As to whether he can apply for their citizenship - I've no idea but I would suggest you getting it for yourself and the kids, it's a whole lot more comfortable in the long run and it makes no difference to whether or not you would be allowed to take them away (that is dependent on your habitual place of residence). Get a good lawyer if you think you are going to be steamrollered! Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 14, 2014 Share Posted August 14, 2014 I agree - get citizenship for all of you. ESPECIALLY if there's a good chance they'll eventually have a parent in both hemispheres, it will make their lives easier as adults as they'll be able to travel freely to see both of you. Link to comment Share on other sites More sharing options...
docboat Posted August 14, 2014 Share Posted August 14, 2014 As said - citizenship or not is completely irrelevant. Link to comment Share on other sites More sharing options...
itegoa Posted August 14, 2014 Share Posted August 14, 2014 Get citizenship, then worry about moving home afterwards. You will all have dual citizenship, then can come and go between the 2 countries whenever you please. This might put your other half's mind at ease, i.e. he knows the children won't have a problem in the future if/when they want to return to Australia (whether that be temporary or permanent). Just my thoughts... Link to comment Share on other sites More sharing options...
Que Sera Sera Posted August 14, 2014 Share Posted August 14, 2014 I was asked when I went for my citizenship if the child on my applications Father knew of my application and I said yes he's in the next booth. Not sure what would have happened if I'd said no. But it makes absolute no sense not to get yours and your child's citizenship . Even if one day you do go back to the UK there is a very strong chance your children could return, how would you feel if you couldn't follow? Link to comment Share on other sites More sharing options...
lebourvellec Posted August 14, 2014 Share Posted August 14, 2014 If you are eligible for citizenship even if you don't want to stay now I would still get it as back up for the future. Even people who are on temp visas are not allowed to leave Australia with their children due to the Hague convention even if you no longer had a visa to stay. if you get permission to return to UK with your children will make it a lot easier for them to visit their father if they have citizenship. If years in the future all your children as adults wanted to live in Australia by you also having citizenship keeps your options open to be able to relocate to be with them if that's what you wanted. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 14, 2014 Share Posted August 14, 2014 http://www.pomsinoz.com/forum/news-chat-dilemmas/47091-children-what-happens-if-you-your-partner-decide-go-home.html This thread may be useful to you. Link to comment Share on other sites More sharing options...
Guest Posted August 14, 2014 Share Posted August 14, 2014 Agree with everyone else, it is critical you get citizenship otherwise you could in the future find yourself unable to live in the same country as your grown-up children should you wish - never say never. Rightly or wrongly you already have to stay in Australia with your children unless your OH agrees to you leaving with them or a court agrees (& that sounds unlikely from what you have said). In any case does your 10 year old really understand that returning to the UK would mean seeing their dad maybe once a year? Link to comment Share on other sites More sharing options...
Quinkla Posted August 14, 2014 Share Posted August 14, 2014 Another vote for everyone getting citizenship. It will make no difference to whether or not you can take the kids out of Australia (which will require the father's consent or a court order regardless of citizenship or divorce), but it will give everyone freedom for the rest of their lives to choose whether to live in Australia or the UK, and the freedom to change their minds as often as they like. If you are already eligible for citizenship that means you have been in Australia for four years. I am surprised that a 10 year old would still want to go back to the UK if he left there when he was 6; and the 6 year old would have no memories at all of the UK. But if you are not yet eligible and this is just a speculative thread about the far future, you would need to remember that your kids will become more and more attached to Australia the longer they stay. Link to comment Share on other sites More sharing options...
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