Dependent child over 18

[Barry1986]

Me and my wife are planning to move to Aus in 2017 with my wife's daugher she is 17 at the moment she will be 18 in october 2016 .we have set the ball rolling just one thing is praying on our minds. If we get our visa granted before she turns 18 and don't move till 2017 is she still a dependent child?? She is currently at college and will finish in 2017 just before we go. Any help welcome

[CaptainC]

Me and my wife are planning to move to Aus in 2017 with my wife's daugher she is 17 at the moment she will be 18 in october 2016 .we have set the ball rolling just one thing is praying on our minds. If we get our visa granted before she turns 18 and don't move till 2017 is she still a dependent child?? She is currently at college and will finish in 2017 just before we go. Any help welcome

 

If you include her in an application as a dependant child then she will have a visa in her own right regardless of whether she is no longer a dependant.

 

Note that you will need the permission from her biological father to be granted a visa for her, or a court order allowing you to remove her from jurisdiction.

[Charlottehill76]

Me and my wife are planning to move to Aus in 2017 with my wife's daugher she is 17 at the moment she will be 18 in october 2016 .we have set the ball rolling just one thing is praying on our minds. If we get our visa granted before she turns 18 and don't move till 2017 is she still a dependent child?? She is currently at college and will finish in 2017 just before we go. Any help welcome

 

I have a 19 year old and trying to get a 189 visa next year with him and husband, my agent has told me that as long as I can prove he is dependent on us ie still in college living at home and we pay for his phone, car etc then it will be ok.

we are just waiting for my skills assessment to be returned before doing EOI.

[Charlottehill76]

If you include her in an application as a dependant child then she will have a visa in her own right regardless of whether she is no longer a dependant.

 

Note that you will need the permission from her biological father to be granted a visa for her, or a court order allowing you to remove her from jurisdiction.

 

 

Is is permsision only needed if under 18? I have an 19 yr old who's biological father is not my husband.

[CaptainC]

Is is permsision only needed if under 18? I have an 19 yr old who's biological father is not my husband.

 

Yes, no need to worry about that one.

[jodipodi]

Hi... Havnt jumped in to be argumentative...just hopefully to help....it is the law of the jurisdiction in which the child resides which applies. Hague convention does not apply in UK once over 16,as long as one can get a legal document from a solicitor etc which states this fact that should be satisfactory.

Hope that makes sense, I did massive amounts of research myself to get this information xx

[CaptainC]

Hi... Havnt jumped in to be argumentative...just hopefully to help....it is the law of the jurisdiction in which the child resides which applies. Hague convention does not apply in UK once over 16,as long as one can get a legal document from a solicitor etc which states this fact that should be satisfactory.

Hope that makes sense, I did massive amounts of research myself to get this information xx[ATTACH=CONFIG]32270[/ATTACH]

 

Hi Jodi. Thanks for the input regarding the matter of age. I believe that although The Hague Convention does not apply to children over 16, the Children's Act 1989 defines a child as a person under 18, and it is this act in the UK that deals with residence, specific issue, and allows for a person to apply for leave of the court to determine where a child lives. Whereas, The Hague Convention is a multilateral convention that deals with child abduction, and does not (despite ratification by the UK parliament) reduce the force of the legislation of the UK act.

 

The law of the jurisdiction in this case will actually be the Children's Act 1989.

 

I'm only going off my own experiences of applying for the removal from jurisdiction for my own son, and my meagre legal knowledge, so I may be missing something and invite a UK family lawyer for her input. What do you think @Racmac ?

[jodipodi]

Hi Jodi. Thanks for the input regarding the matter of age. I believe that although The Hague Convention does not apply to children over 16, the Children's Act 1989 defines a child as a person under 18, and it is this act in the UK that deals with residence, specific issue, and allows for a person to apply for leave of the court to determine where a child lives. Whereas, The Hague Convention is a multilateral convention that deals with child abduction, and does not (despite ratification by the UK parliament) reduce the force of the legislation of the UK act.

 

The law of the jurisdiction in this case will actually be the Children's Act 1989.

 

I'm only going off my own experiences of applying for the removal from jurisdiction for my own son, and my meagre legal knowledge, so I may be missing something and invite a UK family lawyer for her input. What do you think @Racmac ?

 

You may very well be right Captain C, I have no legal expertise certainly not, I just had so much confusion over it all myself and it was a lawyer who actually provided this information.

I sincerely hope it is the case I have described, not for want of being right just so I don't have more issues myself!

Thanks Captain C xx

[CaptainC]

You may very well be right Captain C, I have no legal expertise certainly not, I just had so much confusion over it all myself and it was a lawyer who actually provided this information.

I sincerely hope it is the case I have described, not for want of being right just so I don't have more issues myself!

Thanks Captain C xx

 

Having been there and done it, feel free to PM me if you have any questions or concerns about the removal from jurisdiction. Best of luck to you.

[jodipodi]

Thanks Captain C, my daughter will be 16 at least by the time we move and I'm thinking that won't require any permission or hassle... But thank you anyway it is difficult that's for sure xx

[Racmac]

Hi everyone, sorry only just seen this.

 

Children act definition of a child:

 

~“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

 

However it would be very very unusual for an application to be made in respect of a child between the age of 16 and 18. Unless there are special needs the Court will give a great deal of weight to the wishes and feelings of a child that age.

 

Therefore you will need to get permission from dad, ask Court for an order or wait till she is 18!

[CaptainC]

Hi everyone, sorry only just seen this.

 

Children act definition of a child:

 

~“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

 

However it would be very very unusual for an application to be made in respect of a child between the age of 16 and 18. Unless there are special needs the Court will give a great deal of weight to the wishes and feelings of a child that age.

 

Therefore you will need to get permission from dad, ask Court for an order or wait till she is 18!

 

Thanks for that!!

[jodipodi]

Thanks Racmac xx

 

Disappointed... Not what I was informed xxx

[Racmac]

Thanks Racmac xx

 

Disappointed... Not what I was informed xxx

 

Hague convention wont apply but still need permission to leave from UK - I'm not sure what permission you need in respect of visa application.

 

but for an older child that wants to go it should be a formality within uk courts

[jodipodi]

I was told that the court would not intervene once a person reaches 16 and so all that would be required would be a statement of the fact that Hague convention is unenforceable and the law (section 9 I think of children's act regarding section 8 orders).

I was told this by two family law solicitors....

I am certainly not disagreeing, just saying what I was told.

I was told you cannot legally be prevented from migrating as Hague does not apply? Xx

[Racmac]

Well there is some truth in that the hague wont apply but I don't see how you will get permission for visa without a court order or permission from court - maybe speak to a registered agent about it.

 

I suppose that dad would have hard time trying to getting them back without hague convention but not impossible.

 

Its not something I've considered to be honest so I may be wrong.

[jodipodi]

To be fair a 16 year old can decide for themselves by that age where they want to be, so father /mother wouldn't have much hope of protesting against that.....I was in my own tenancy at 16 and living independently of my parents at that age.

I've been told a letter stating the above is usually adequate to satisfy a case officer....apparently they have been known to protest until reminded of the law.

But... I have not been through this process yet....I have only known of others in the situation be granted visas with this documentation xxxx

[CaptainC]

To be fair a 16 year old can decide for themselves by that age where they want to be, so father /mother wouldn't have much hope of protesting against that.....I was in my own tenancy at 16 and living independently of my parents at that age.

I've been told a letter stating the above is usually adequate to satisfy a case officer....apparently they have been known to protest until reminded of the law.

But... I have not been through this process yet....I have only known of others in the situation be granted visas with this documentation xxxx

 

The department didn't even accept a specific issue court order in my case, until I explained that it was a full and final order that permitted removal from jurisdiction.

 

I hope it works for you, keep us updated.

[jodipodi]

I've heard of so so many cases of people being told by case officers that things aren't good enough... The law is the law and once they are reminded of it....(they do not know the law, they don't even know about migration law half the time!) they must take heed. As you say...you presented the evidence, they denied it still...then accepted it....because they had to!

Thanks Captain C xxx

[CaptainC]

I've heard of so so many cases of people being told by case officers that things aren't good enough... The law is the law and once they are reminded of it....(they do not know the law, they don't even know about migration law half the time!) they must take heed. As you say...you presented the evidence, they denied it still...then accepted it....because they had to!

Thanks Captain C xxx

 

I'd recommend having a contingency plan though, because reading the migration law it states 'law from the home country', The Hague convention is not the law from the home country, ours is the children's act 1989. If you can convince them that The Hague convention satisfies the legislative intent of the commonwealth migration act then you may very well be successful.

[jodipodi]

I know, I totally see where you're coming from Captain.

But if you put it in this way....Hague stops at 16, children's act states only under exceptional circumstances would a court get involved for a person 16+......so if no legal stop on anything, no legal barrier. Migration would not therefore be breaking a law, unless there was an order in exceptional circumstances.

A family law solicitor can put this in a statement without problem I'd think xxx