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bandman

2 year old daughter in Oz... but no way to move over there :(

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Hi all,

 

I have just joined this forum in the hope of getting some advice.

In early September, I found out that I have a 2 year old daughter living in Brisbane. It was completely by chance that I found out and my head has been spinning for the past three months.

I flew over in October and in the 4 weeks that I was there, I fell in love with her. I had never previously even considered moving to Australia but the thought of not being there to see her grow up is breaking my heart. Since leaving, every day that I haven't seen her has been agony.

 

Sadly, I had no idea that moving there would be so difficult. The mother, while amicable enough to let me see her, refuses to offer any kind of assistance. She will not register me as the father or aid in any kind of sponsorship arrangement.

 

One option I have is to get a student visa. If this is the only option I am left with then I will try to make it work, but it's not ideal. Firstly because it is only a temporary solution, and secondly because I cannot financially afford it.

 

The only other option that I can see is to try for skilled migration, but I know this would be incredibly difficult. On the plus side, I am a car mechanic, which is on the skilled occupation list (or at least "Motor Mechanic" is). On the down side, I have no formal qualifications. My dad owned a garage, and it's something I learned from him growing up... but it has been my only occupation since leaving school (I am now 32). I'm confident that with some preparation I could probably pass a skills assessment but I don't know if the lack of qualification makes this route a waste of time from the outset.

 

I have a university degree, but it is completely useless and unrelated.

 

Does anybody have any suggestions?

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Hi all,

 

I have just joined this forum in the hope of getting some advice.

In early September, I found out that I have a 2 year old daughter living in Brisbane. It was completely by chance that I found out and my head has been spinning for the past three months.

I flew over in October and in the 4 weeks that I was there, I fell in love with her. I had never previously even considered moving to Australia but the thought of not being there to see her grow up is breaking my heart. Since leaving, every day that I haven't seen her has been agony.

 

Sadly, I had no idea that moving there would be so difficult. The mother, while amicable enough to let me see her, refuses to offer any kind of assistance. She will not register me as the father or aid in any kind of sponsorship arrangement.

 

One option I have is to get a student visa. If this is the only option I am left with then I will try to make it work, but it's not ideal. Firstly because it is only a temporary solution, and secondly because I cannot financially afford it.

 

The only other option that I can see is to try for skilled migration, but I know this would be incredibly difficult. On the plus side, I am a car mechanic, which is on the skilled occupation list (or at least "Motor Mechanic" is). On the down side, I have no formal qualifications. My dad owned a garage, and it's something I learned from him growing up... but it has been my only occupation since leaving school (I am now 32). I'm confident that with some preparation I could probably pass a skills assessment but I don't know if the lack of qualification makes this route a waste of time from the outset.

 

I have a university degree, but it is completely useless and unrelated.

 

Does anybody have any suggestions?

 

The best advice I can give is to speak to a migration agent, there are a number who post on here and are reputable. The one I have dealt with personally and can recommend is @Alan Collett and he is well regarded by many.

 

A migration agent will be able to advise if there is a route forward without further study either here or in Australia. Don't entirely write off your degree, I worked in a field completely different but to my amazement was able to do a skills assessment based on my degree which I would never had known without an agents knowledge.

 

There are schemes such as this in Australia http://pathwaytoaus.com/services/study/mechanical/ I don't know if that's the kind of thing you were thinking about when you mentioned a student visa. There has been some bad press about inscruplous companies offering these schemes so do proceed with extreme caution.

 

Lovely to see a dad who wants to be involved with his daughter life - good luck.

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Thank you for the reply.

 

I should also add that the mother, while living in Brisbane with her current boyfriend, is originally from elsewhere in Australia (small town with unpronounceable name). It's a concern for me that if I go the route of the student visa, or any kind of employment sponsorship, then I am tied down to one place. If the mother decided to leave Brisbane for whatever reason, then I would once again be left helpless... and possibly with even fewer options than I have now.

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I had a little Google and it seems that 3 years experience may be substituted for formal qualifications so you may well be able to get a skills assessment without formal qualifications through a 'Recognition of prior learning' (RPL)

 

http://www.vetassess.com.au/skills-assessment/national-skills-recognition

 

From what I can gather you should then be able to apply for a 189 visa which would give you permanent residency.

 

A work visa (457) is an option is you can find a job with sponsorship & with your trade that is certainly possible - though less easy than it used to be due to the economy and a backlash against migrants being used as 'cheap labour'

 

The upside is no skills assessment would be needed but it is only temporary and you are tied to that job, if you lose your job you lose your visa (though you can change employers if you can find another sponsor)

 

We went over on a 457 but had already lodged our PR visa application and that was granted 9 months after we arrived so it worked well for us. If it turns out you do need formal qualifications it may be an option & you can study at night classes whilst you are there. Definitely not the secure option but could get you there quicker.

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Until you are recognised as the child's father which is appears you will need a court order to do so, the mother can move where ever she wishes to without you being able to stop her. You need to also consult a family lawyer as well to get recognition as a father ....this is going to cost more than a MARA agent so you need to factor in those costs as well into your plan

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it seems that 3 years experience may be substituted for formal qualifications so you may well be able to get a skills assessment without formal qualifications

 

There are very few skilled occupations for which a pre-mitigation skills assessment can be obtained without relevant formal qualifications and from what has be posted none of these would be an option in this case. The OP would be well advised to consult a registered migration agent for advice about developing a visa strategy.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Hey bandman,

 

Well done and congrats on your daughter. I'm separated from my little girl, not quite as far as you but Sydney-Perth is still a long way. I can feel your pain. Others may be better to give advice on migration options but I can offer some guidance on family court stuff. Be warned it can be very expensive both financially and emotionally, I'm in the middle of it myself currently.

 

Unfortunately, you are going to need the help of the mother. 1st of all, are you sure it is your child? get a paternity test. Secondly are you named on the birth cert? How did you found out about your girl? Does Mum want her to know you and spend time with you?

 

If this is yes and yes and you want to be involved, start doing regular skype calls with her (2-3 times per week ideally but you will have to take what you can get). I skype with my daughter 3 times per week (by court order) and it makes a big difference when I go over to see her. 1st step is mediation, Relationships Australia are quite a cost effective option for this. Hopefully you don't end up going down the court route but mediation is a pre-requisite before court proceedings.

 

Now - there is no such thing as father's rights or mother's rights but there are a child's rights. A child has a right to know and spend significant time with both a father and mother and family from both sides.

 

That's probably enough for now but happy for you to pm me if need somebody to talk to who's currently going through this. I can give you the benefit of my mistakes. Also check out mensline.org.au, quite a few good guys on there who can give you the benefit of their experience regarding access, rights, mediation and court process etc.

 

And once again, Congrats on becoming a Dad.

 

Col

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Hi bandman.

 

Please feel able to send an email to me with your contact details - click on my name to the left of this post.

 

See also the Motor Mechanic factsheets at this weblink: http://www.vetassess.com.au/skills-assessment-for-migration/trade-occupations/guides-and-factsheets

 

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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Hi Bandman,As I was reading through the posts,I was thinking about Paternity tests,and then Collie mentioned it.Personally,I would get this out the way asap.Then start taking the other steps.


When the power of love overcomes the love of power,the world will know peace ~ Jimi Hendrix

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Was your daughter born in the UK? If so how did the mother manage to take her to Australia without your permission?


If you are depressed you are living in the past. If you are anxious you are living in the future. If you are at peace you are living in the present.

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