Brissybear Posted June 2, 2015 Share Posted June 2, 2015 Hi guys sorry pretty sure I asked this before but this October I am going to apply for my partner and daughter to come to Oz on subclass 306 partner visa. We hope to be back In Oz next year however it seems my stepdaughter who is desperate to come can't without either her dads permission or a court order? I am surprised about that because she is 16 and can get married etc in the UK surely she would only need a letter from a lawyer in this country explaining how legally she has the right to choose where she lives surely? There is no chance her dad will agree and frankly I don't blame him. However my daughter comes first and work here is grim we are struggling compared to Oz . What does a court order entail while my step daughter have to go to court and decide in front of her dad and judge? The only other option otherwise we have is just apply then pay for a working years holiday for her out there which can easily last 2 years. She he also has a boyfriend and got a feeling she will follow him everywhere. I know this sounds so selfish but my right to return expires in 2017 or I would wait until she was in her 20's. :-(( Link to comment Share on other sites More sharing options...
CaptainC Posted June 2, 2015 Share Posted June 2, 2015 Hi guys sorry pretty sure I asked this before but this October I am going to apply for my partner and daughter to come to Oz on subclass 306 partner visa. We hope to be back In Oz next year however it seems my stepdaughter who is desperate to come can't without either her dads permission or a court order? I am surprised about that because she is 16 and can get married etc in the UK surely she would only need a letter from a lawyer in this country explaining how legally she has the right to choose where she lives surely? There is no chance her dad will agree and frankly I don't blame him. However my daughter comes first and work here is grim we are struggling compared to Oz . What does a court order entail while my step daughter have to go to court and decide in front of her dad and judge? The only other option otherwise we have is just apply then pay for a working years holiday for her out there which can easily last 2 years. She he also has a boyfriend and got a feeling she will follow him everywhere. I know this sounds so selfish but my right to return expires in 2017 or I would wait until she was in her 20's. :-(( I was in the same situation with my son, albeit he was a lot younger. I needed a court order which I was fortunate enough to be granted by a Judge in the Family Court. Unfortunately, your stepdaughter is too young at 16 and I hear your argument about her being 16 and can get married etc, but she has to be 18 and that's just the way it is. According to the immigration rules, the only way that you can include her in an application is to either get a court order or to obtain permission from the father on form 1229. If you currently have a custody order then you will probably notice that there is a part that states that the child may not be removed out of the jurisdiction (other than for a holiday). I would suggest that your first action would be to sit down with the father and your stepdaughter and ask that he allows the emigration, fills in form 1221 and deal with it that way. The fact that your step daughter is nearly of age, and wants to go is a big advantage. If it went to court the Judge will listen to what she wants over and above the parents wants/needs and if i was a betting man then I reckon they would make the order in your favour. Just another note is that she won't be eligible for WHV as she must be between 18 and 31 years old. I really sympathise with your situation as I have been through it all before and it isn't a pleasant one. Whatever you decide to do, good luck and you've got all of the advantage so don't give up. Here are the requirements from DIBP If you have included a child under 18 years of age in the application, and that child’s other parent is not included in the application you must provide documentary evidence that you have the legal right to include that child in your application, such as: copies of official legal documents, such as a court-issued custody, access or guardianship order; Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (125 kB PDF file). If you use this form, you will have to attach a certified copy of the other parent’s government issued identification document (such as a passport or driver’s licence) with their photograph and a signature. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted June 2, 2015 Share Posted June 2, 2015 As above, you would need either permission from the father or a court order to bring your step daughter. A complicating issue is that this would not apply once she is 18. But, you would then need to prove she is dependent on you. Normally by her being in full time education. Link to comment Share on other sites More sharing options...
Quinkla Posted June 3, 2015 Share Posted June 3, 2015 If your daughter is 16, her views would be persuasive if you were to seek a court order and it might be possible (I don't know) that her father would reluctantly accede to her wishes rather than fight a court case. As others have noted, if you don't get this sorted whilst your daughter is under 18, she will have difficulty demonstrating she is a dependent and you might find that you can never get her included on your visa. Link to comment Share on other sites More sharing options...
CaptainC Posted June 3, 2015 Share Posted June 3, 2015 Quinkla and Verystormy make excellent points here regarding waiting until she is 18. You might not have any chance. I say.... Carpe Diem...."seize the day" Link to comment Share on other sites More sharing options...
CaptainC Posted June 3, 2015 Share Posted June 3, 2015 .......sit down with the father and your stepdaughter and ask that he allows the emigration, fills in form 1221 and deal with it that way......... I meant Form 1229, not what I said above. Link to comment Share on other sites More sharing options...
Quoll Posted June 3, 2015 Share Posted June 3, 2015 Be aware, though, that 16 is not a good age to move from an education point of view and she may, in fact, be better to stay and finish A levels then move with you by which time she will be old enough to make up her own mind. Otherwise the court order is the way to go - and they may take education into account as part of that process. Link to comment Share on other sites More sharing options...
newjez Posted June 3, 2015 Share Posted June 3, 2015 Hi guys sorry pretty sure I asked this before but this October I am going to apply for my partner and daughter to come to Oz on subclass 306 partner visa. We hope to be back In Oz next year however it seems my stepdaughter who is desperate to come can't without either her dads permission or a court order? I am surprised about that because she is 16 and can get married etc in the UK surely she would only need a letter from a lawyer in this country explaining how legally she has the right to choose where she lives surely? There is no chance her dad will agree and frankly I don't blame him. However my daughter comes first and work here is grim we are struggling compared to Oz . What does a court order entail while my step daughter have to go to court and decide in front of her dad and judge? The only other option otherwise we have is just apply then pay for a working years holiday for her out there which can easily last 2 years. She he also has a boyfriend and got a feeling she will follow him everywhere. I know this sounds so selfish but my right to return expires in 2017 or I would wait until she was in her 20's. :-(( You mention the boyfriend, does that mean she is not keen to go? You also mentioned unemployment, which in the UK is better than some parts of Australia. Is this you driving things due to your need to validate your visa? Link to comment Share on other sites More sharing options...
Quinkla Posted June 3, 2015 Share Posted June 3, 2015 Sorry - I have just read the OP more carefully. If the OP is looking at a Section 309 visa and is wanting to act as sponsor by virtue of being a permanent resident, then he would need to be living in Australia at the time of application. Given the processing time for partner visas, that’s going to entail many months of living apart. Is this a time to be seeking professional migration advice? Link to comment Share on other sites More sharing options...
Nemesis Posted June 3, 2015 Share Posted June 3, 2015 Sorry - I have just read the OP more carefully. If the OP is looking at a Section 309 visa and is wanting to act as sponsor by virtue of being a permanent resident, then he would need to be living in Australia at the time of application. Given the processing time for partner visas, that’s going to entail many months of living apart. Is this a time to be seeking professional migration advice? Surely there are ways round that though if the family can show they intend to move? I've seen PR holders even from high risk countries manage to bring their partner and children to Australai with them, all moving at the same time after getting an offshore spouse visa? Link to comment Share on other sites More sharing options...
Quinkla Posted June 3, 2015 Share Posted June 3, 2015 Surely there are ways round that though if the family can show they intend to move? I've seen PR holders even from high risk countries manage to bring their partner and children to Australai with them, all moving at the same time after getting an offshore spouse visa? Possibly - that's why I think it might be better to get professional advice at this stage rather than rely on posters on a website who may have imperfect knowledge and imperfect powers of concentration. Link to comment Share on other sites More sharing options...
Bungo Posted June 3, 2015 Share Posted June 3, 2015 I am just about certain that at 16 she can live whre she pleases regardless of her father. A quick consultation with a family lawyer would confirm this. Link to comment Share on other sites More sharing options...
Parley Posted June 3, 2015 Share Posted June 3, 2015 Still moving to the other side of the world is a big decision and teenagers can be fickle. Like Quoll I think it would be better for her to finish school and go to Australia as an 18 year old and start Uni in Australia. Link to comment Share on other sites More sharing options...
Brissybear Posted June 3, 2015 Author Share Posted June 3, 2015 Still moving to the other side of the world is a big decision and teenagers can be fickle. Like Quoll I think it would be better for her to finish school and go to Australia as an 18 year old and start Uni in Australia. Is this an option ? Would it not cost a fortune to do this and will she have a chance of getting residency on a student visa after x amount of time x Link to comment Share on other sites More sharing options...
Karenbfam Posted June 3, 2015 Share Posted June 3, 2015 You don't have to live in Oz to apply for a partner visa. I had only validated my pr visa and then sponsored my partner while we were still in the UK. We moved to Oz just prior to grant with my partner entering on a tourist visa. Case officer kept fully up to date of our plans. Link to comment Share on other sites More sharing options...
scattley Posted June 3, 2015 Share Posted June 3, 2015 I am just about certain that at 16 she can live whre she pleases regardless of her father. A quick consultation with a family lawyer would confirm this. That is relatively true within a country but you are talking about immigration where the father is unlikely to ever be able to live in the country the child is moving to (unless they have skills needed). Its not like they are moving to a different state and the father can follow if need be. International moves are alot harder to manage - more so if coming from a country that has strong custody/child support laws in place Link to comment Share on other sites More sharing options...
Bungo Posted June 3, 2015 Share Posted June 3, 2015 That is relatively true within a country but you are talking about immigration where the father is unlikely to ever be able to live in the country the child is moving to (unless they have skills needed). Its not like they are moving to a different state and the father can follow if need be. International moves are alot harder to manage - more so if coming from a country that has strong custody/child support laws in place Relatively true doesn't come into it. I think a 16 year old from the UK can live where they please, I think it is worth the OP speaking to a family lawyer to clarify one way or another. Link to comment Share on other sites More sharing options...
CaptainC Posted June 4, 2015 Share Posted June 4, 2015 Relatively true doesn't come into it. I think a 16 year old from the UK can live where they please, I think it is worth the OP speaking to a family lawyer to clarify one way or another. I agree with your advice to contact a family lawyer. And, yes you're right about that, in the UK, a 16 year old may leave home and choose to live where they want without parental consent, but for Australian immigration purposes, the requirement is for any child under 18 to have either written permission in the form of form 1229 from the non-migrating parent or a custody order in the form of a 'specific issue order' from the UK family court system allowing the child to be removed from the jurisdiction. When I went through this procedure, my solicitor said pretty much that I could take my son without permission, as I already had sole custody. But, after corresponding with DIBP (or DIAC, as it was then) and an immigration lawyer, she conceded that the immigration law in Australia applied in this case and therefore prepared a 'specific issue order' which then went to court, was judged upon along with CAFCAS, and then issued. Link to comment Share on other sites More sharing options...
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