Guest shomato Posted February 16, 2015 Share Posted February 16, 2015 We have a sponsor, it's most likely we wont be coming home. I understand about school fees and have found a school with good fees which is ready to take my son beginning school year of 2016. Link to comment Share on other sites More sharing options...
Guest shomato Posted February 16, 2015 Share Posted February 16, 2015 That's true, that's why I wanted to speak to people who have gone down this route in court. So I can ask them how they did it, what their situation was and what they needed and felt helped their application. Link to comment Share on other sites More sharing options...
Guest shomato Posted February 16, 2015 Share Posted February 16, 2015 Also I should add, nobody can say that a move to Aus will 100% work and many do have to come back to the uk. I don't intend to come back, however if it doesn't work out and I can't make it work then obviously we will have to come back. Link to comment Share on other sites More sharing options...
engaus Posted February 16, 2015 Share Posted February 16, 2015 What do you do for work? You said they will sponsor you when you arrive. Why can't they sponsor you prior to your arrival? That doesn't make much sense to me. And what loophole do you have to bring a dependent child on a WHV (I'm presuming you are starting off on a WHV) I hope you got advise from a MARA agent on that and not immigration as you stated because they arnt there to provide advise and frequently provide incorrect information - after which they will take no responsibility for the incorrect advise they provided. Link to comment Share on other sites More sharing options...
Rossmoyne Posted February 16, 2015 Share Posted February 16, 2015 shomato I have been through this and it was expensive - a morning in court with a Barrister and Solicitor plus all the back up documentary evidence needed, Stat Decs from church, school, social worker, psychologist, friends, family etc cost me in excess of GBP6000 in 1991. I was successful because my parents and brother were already Australian Citizens and my brother sponsored me as the last remaining relative out of Australia, my parents flying to UK to be with me in court and testify on my behalf. I had to compile a huge file with evidence on where we would live, type of house, show evidence that a school would accept my children and what their education would be like, very detailed information on how the links with the father would be continued, firm offers of employment, evidence of money I would be taking from UK, type of vehicle I would be buying....... etc. However the situation has changed a lot in the time since 1991 and one question you should be asking, (and forget asking Immigration as you seem to get different answers to the same question depending on who you talk to), a Registered Migration Agent is if you get all the ducks in a line, what are the chances of being granted a visa, temporary or permanent. The whole question of being sponsored is a very far cry now to what it was in the past and you will have to have an occupation that is in demand in Australia before they will even look at you. And also bear in mind, that just because you apply for a visa, it does not meant that it will be granted. There are some good threads on this forum about this that you should read through, and also be careful about the solicitor you decide to use. You need to employ one who has done this before and is experienced. My first application was laughed out of court because of the bad advice I was given, and being before the days of the internet, researching to find a suitable replacement solicitor was in no way an easy process. I apologise if I appear negative to you, just pointing out the issues as you requested. You are in for a long rocky ride and the more informed you are the better it will be. DBPI will not accept a visa application from you until you have the required court document to exclude your child from the jurisdiction of the British Family Court, but you also need to be very aware of the various visas and the criteria you need to meet them as well. Your situation is very unique and I strongly suggest that you consult a very reputable Registered Migration Agent. Link to comment Share on other sites More sharing options...
AJ Posted February 16, 2015 Share Posted February 16, 2015 So if you are entering Australia on a WHV what visa is your son coming in on? Link to comment Share on other sites More sharing options...
Rossmoyne Posted February 16, 2015 Share Posted February 16, 2015 Didn't think you could come into Australia on a WHV if you had a dependent...... Link to comment Share on other sites More sharing options...
ali Posted February 16, 2015 Share Posted February 16, 2015 You cannot include a dependent child on your application for a Working Holiday visa (subclass 417). A dependent child cannot accompany you at any time while you are in Australia. Your partner can accompany you to Australia, but they will need to apply for their own visa. I don't think the OP may be talking about a WHV Link to comment Share on other sites More sharing options...
engaus Posted February 16, 2015 Share Posted February 16, 2015 I have a sponsor lined up to sponsor me upon entering the country. I have to have permission before I can get my visa. I have already seen immigration whilst in aus recently and there is a way to bring your dependant with you while you are on a working visa. This paragraph is what confused me and made me think she was getting a WHV. Given she isn't being sponsored until she enters Australia but mentions there is a way to bring your dependent on a working visa. Personally I would wait until I had the go ahead to take my child - then I would obtain a working visa - and then travel. Not wait until I am in Australia to get a working visa? The way the OP is talking about visas makes me worry that she doesn't know enough on the process and could face several issues which might result in her not actually being eligible for a visa in the first place (she is quite young as well so not sure what qualifications she may have). We all know it's not just as simple as someone saying "yeah ill give you a job and sponsor you" (even if they have previously sponsored someone). Link to comment Share on other sites More sharing options...
silencio Posted February 16, 2015 Share Posted February 16, 2015 There is a negative connotation father and child could only I should better say perhaps see each other once a year. Living in Australia is expensive and I was wondering how sponsoring a flight (50 %) will work out as prices go up and are not predictable in the long run in terms of the applicant has to pay flights for lets say 12 years or so? The OP didn't mention how strong the emotional bond between father and son really is. If I were the father there would be no way I'd agree to this. It could be quite upsetting not only for the father but for the little kid as well just because his mum wanted to migrate to Australia. A little child has no insight of any long term traumas that might hopefully not occur. As others said a long way to go for a visa where I ask myself 'a sponsor lined up' doesn't mean the prospective employer in Australia will wait for ages as long as it's no family member or associate. Link to comment Share on other sites More sharing options...
Guest shomato Posted February 16, 2015 Share Posted February 16, 2015 How do I delete threads? Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted February 16, 2015 Share Posted February 16, 2015 How do I delete threads? We do not delete threads as the information is helpful to other members now and in the future. Link to comment Share on other sites More sharing options...
Rossmoyne Posted February 20, 2015 Share Posted February 20, 2015 Guessing that Shomato wasn't happy with the comments and replies to her thread. But I hope those comments and replies were helpful to her and brought some reality to what she wants to do. Link to comment Share on other sites More sharing options...
Guest shomato Posted February 20, 2015 Share Posted February 20, 2015 To update, father never turned up to mediation. Form is signed and in the process of application to court. Link to comment Share on other sites More sharing options...
Sammy1 Posted February 20, 2015 Share Posted February 20, 2015 To update, father never turned up to mediation. Form is signed and in the process of application to court. Good luck, just be aware that you cannot come over on a WHV with a child. You will need to arrive on a different visa. Link to comment Share on other sites More sharing options...
Rachel Tilley Posted February 20, 2015 Share Posted February 20, 2015 Hi, I am assuming that you are applying through the UK courts for a Relocation Order to take your child to Australia? This is the order a court will give if they agree you have the necessary grounds to remove a child from it's country of habitual residence. To move without this order will open you up to grounds of parental child abduction under the Hague Convention. The fact that your ex has not turned up for mediation is not necessarily going to be seen as a negative on his part and a positive step for you. If he is adamant that he does not want his child to leave the UK then he had no need to mediate and will let this run to a trial. You will need to prove to the court that the move to Australia is in the best interests of the child. You will also need to prove that you can fund a meaningful and on going relationship between the father and the child, and you may be ordered by the court to pay the full costs of his air fare once a year for contact to take place in Australia - not just 50%. The court will need to be satisfied that he can indeed travel to Australia for such visits and be able to obtain a visa to do so. Return visits for the child to come back to the UK at least once a year will also need to be a firm commitment, so a family member will have to give an undertaking to bring the child back, or you will need to look in to the Unaccompanied Minor services that airlines offer to chaperone young children. Offering to bring the child on a trip that someone may (or may not) take each year is not enough commitment. Your family may decide that returning to the UK every year is expensive and unaffordable, or they want to use their annual holiday to go elsewhere, not just back to the UK. The courts will look at the relationship your ex has with his son and how often/infrequent this is. Is he reliable and on time for visits? Does he cancel contact arrangements at a moments notice or if something better comes up? Does he regularly let his son down or not? Does your son have a close relationship with paternal grandparents, and if so, how will that be maintained? If you can answer these questions in court with sufficient detail and thought and prove that you can facilitate the on going relationships you may succeed in getting the Relocation Order. Link to comment Share on other sites More sharing options...
Guest shomato Posted February 20, 2015 Share Posted February 20, 2015 Thank you very much, that's very informative. My son has little to no relationship with paternal grandparents. He sees them once a year (they do not visit ex partner often either) however relationship very strong with maternal grandparents who are also moving to Aus. My son spends time with my parents every day and has done since he was born. Link to comment Share on other sites More sharing options...
Sammy1 Posted February 20, 2015 Share Posted February 20, 2015 Thank you very much, that's very informative. My son has little to no relationship with paternal grandparents. He sees them once a year (they do not visit ex partner often either) however relationship very strong with maternal grandparents who are also moving to Aus. My son spends time with my parents every day and has done since he was born. Will you have a visa in place? I am concerned that you will try to bring your child on a WHV, as you will be turned away when you reach Australia. Also, a court will not accept that a WHV is a sufficient visa to bring your son here. You will need a more substantial working visa in place. Link to comment Share on other sites More sharing options...
memmymooch Posted February 20, 2015 Share Posted February 20, 2015 I got leave to remove my children in March 2013. It took me 6 months of court and around 7k in legal fees, I had to submit a very detailed proposal of everything it was 10,000 words all up. My children's father did not engage with court process did not turn up or even acknowledge any proceedings so court appointed independent lawyer to represent children's interests. I had applied for an independent skilled visa tho which would instantly give me PR and I already had a job offer. Link to comment Share on other sites More sharing options...
Guest shomato Posted October 22, 2015 Share Posted October 22, 2015 As an update and for anybody in similar situations, today after 8 months in court we have been granted leave to remove from jurisdiction. It has been a very lengthy process but we are now making plans to leave the UK in the next few months and relocate to Australia. A lot of people have told me it would be impossible and I sympathise with anyone who is going through this application because it is not an easy decision and is an uphill struggle but it is not impossible. I have a new found respect for any parent going through court proceedings! Link to comment Share on other sites More sharing options...
Rossmoyne Posted October 23, 2015 Share Posted October 23, 2015 As an update and for anybody in similar situations, today after 8 months in court we have been granted leave to remove from jurisdiction. It has been a very lengthy process but we are now making plans to leave the UK in the next few months and relocate to Australia. A lot of people have told me it would be impossible and I sympathise with anyone who is going through this application because it is not an easy decision and is an uphill struggle but it is not impossible. I have a new found respect for any parent going through court proceedings! Good to hear @shomato. What visa did you end up getting? Link to comment Share on other sites More sharing options...
rammygirl Posted October 23, 2015 Share Posted October 23, 2015 Thanks for the update. I hope all goes well for you both. Link to comment Share on other sites More sharing options...
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