aussie fam Posted January 6, 2016 Share Posted January 6, 2016 Hi there, I'm an Aussie living in the UK (gowd i hate this place!!!:arghh:) and the time has come for me and my British family to move back to the great land of oz so i guess its time to start stressing for me again lol I have a few questions in regards to immigration back to Australia for my family I'l try to make it as clear as I can. i will quickly add that myself and British wife are married and have been for 3 years but lived together for the last 2 of those years as we were married inside Australia.we have 3 children although ones old enough and wants to stay behind to finish his apprenticeship. *Firstly to make things easier I was thinking I should adopt my step children I figure then they could get citizenship for Aust. so would this make things easier for us and would it be very difficult keeping in mind i already have parental responsibility and there biological fathers are not in the picture at all? *I'm not currently working and probably wont be at the time of my application because I'm the designated at home dad so my wife can work as she has a good job. however because my British wife has a full time job here and there's a strong possibility she can get a transfer to Australia will this effect the application at all? * I have unpaid fines and an unpaid financial supplement study loan in Australia will this effect our application? *we wont have a home to go to although I do have family we can stay with until we are organised will they look badly on that? *we don't have any cash saving yet but we do have the application money ,should we apply now and save for expenses as we are waiting on a decision? *is there anything we could do that might further our chances of obtaining a partner visa for my wife and kids? and is there any more information we should consider?. Thanks in advance for any help.:notworthy: Link to comment Share on other sites More sharing options...
Ferrets Posted January 6, 2016 Share Posted January 6, 2016 Hi there, Welcome to the forum. More knowledgeable folks will no doubt be able to chip in more, but given the various complexities you have outlined suggest a consultation with a MARA registered agent. I did most of my EOI preparation myself, but did have a consultation to make sure I was on the right track.....just wish I had done it at the start of the process :wink: Ferrets Link to comment Share on other sites More sharing options...
aussie fam Posted January 7, 2016 Author Share Posted January 7, 2016 Hi there, Welcome to the forum. More knowledgeable folks will no doubt be able to chip in more, but given the various complexities you have outlined suggest a consultation with a MARA registered agent. I did most of my EOI preparation myself, but did have a consultation to make sure I was on the right track.....just wish I had done it at the start of the process :wink: Ferrets thanks ferrets ,we are using an agent ,actually the first time we called they suggested going to aust first and applying within ,however for peace of mind were wanting to apply outside. however as I said we are going to use one just trying to gather info first.thanks for the speedy reply Link to comment Share on other sites More sharing options...
Ferrets Posted January 7, 2016 Share Posted January 7, 2016 I am no expert (my EOI application was straightforward), but when you are thinking about a situation involving adoption / absent biological father make sure you have expert advice, making sure any agent is registered. There are lot of pitfalls, but from lurking / reading forums I would be surprised if a MARA agent would recommend to travel and apply from within without resolving some important questions first! Link to comment Share on other sites More sharing options...
aussie fam Posted January 7, 2016 Author Share Posted January 7, 2016 I am no expert (my EOI application was straightforward), but when you are thinking about a situation involving adoption / absent biological father make sure you have expert advice, making sure any agent is registered. There are lot of pitfalls, but from lurking / reading forums I would be surprised if a MARA agent would recommend to travel and apply from within without resolving some important questions first! Yeah I don't know the name of the mob in question (my wife dose and she's at work atm) but you are right in the way that obviously would indeed need sorting and handed down from a court before going ( that's how its done via social services and a court to be in any way a legal adoption) ,however in our case its very straight forward as the fathers are not on the birth certificates and was never any contact at all/the children have never met them and don't intend to so I'm lucky as a dad in that regard ,I should have said that in my first reply,so I apologise for that. running off to Australia would be "highly illegal" done in any other way with children without prior consent from BOTH biological parents ,if anyone is reading this and considers that an option please don't as it would certainly afford you a lengthy prison term. thanks again Ferret and thanks for bringing that up for anyone considering doing that.:happy_face_cowboy_w Link to comment Share on other sites More sharing options...
Guest Posted January 7, 2016 Share Posted January 7, 2016 Hello and welcome. Adopting them may be something to consider if you wanted to but they can be added to the partner visa application as dependants. Make sure all of them are put on it otherwise the one who is staying behind to finish the apprenticeship may find they can't move to Aus in the future. How old are the kids and does your wife have leave to remove them from the UK to take them to Aus to live? If not this needs to be gained before you could add them on the application afaik. PR from a partner visa would be fine for your wife and the kids IMHO. Once they've lived in Aus long enough they can all apply for Aus citizenship anyways. Its fine your wife is the main earner from what I know. You need to explain this in the application and if your agent is happy this is how it is, I can't see a problem with it. Just make sure your agent is a reputable MARA registered and you've checked out feedback and reviews on them before you take them on. Lots of good agents out there, a few dodgy ones that could cost you money and leave you with no visa. I have no clue about the fines etc. I'd be asking the agent and seeing what they say. The study, is that a HECS debt? If so you don't need to repay if overseas (although that is changing this year iirc) and/or earning below a certain amount iirc. Home wise, no it should be ok. Its normal not to have a house to move straight in to. We stayed with my MIL while we found our feet when we moved over and husband (the sponsor) said this was our plan in the application. Not an issue. I don't think they look at how much money you have in savings. Keep in mind that once the visa is granted it MUST be validated by the date set on the grant letter. By all applicants, including any kids that were included. That could prove an expensive trip if you don't have the funds in place to make the move permanently in that time. Its usually about 6 months to make first entry (ensure applicants don't do medical or police check until a CO requests it as this is when the validation clock starts ticking from, so don't do them when you lodge, wait till CO asks, about the 6 month in mark). Keep in mind its currently a 10-14 month timeframe on off shore partner visa applications. Don't go off the Gov website, work from this one for all partner visa stuf. Make sure you read all the links on the page to be fully informed. http://uk.embassy.gov.au/lhlh/immi_partner.html ETA - Just seen that in the time I was writing this you posted re the children and the situation there Link to comment Share on other sites More sharing options...
aussie fam Posted January 7, 2016 Author Share Posted January 7, 2016 Wow that's some great info Snifter, so from the onset it appears the financial supplement loan may pose a threat after all,its not exactly a HEXS debt but very smiler its just basically a commonwealth debt that's been re-disguised version of the same thing that very quickly fell on its arse, unfortunately for me most people got there debt wiped because it was a complete mess that didn't work out fairly, but I was one of the earlier applicants and I missed out on having mine wiped clean so I'm stuck re-paying it probably until I'm dead or unless of course have the fortunateness of marrying a foreigner and be forced to pay it back in it's entirety (yay me :no: ) No we don't have leave to remove them from the UK if we made the decision not to adopt just yet but is that necessary? I'm not to sure at the moment because there fathers are not on the birth certs and I have legal parental responsibility I had to apply for at the court house so i don't know the in's and outs of that currently. the kids are "7 , 11, and 16" years old. I'd have to say I'm also concerned however in relation to the sponsoring issue could anyone shed more light on any of these issues ? what really blows is i actually just went through all this and obtained a partner residence permit for the UK after even spending time in the detention facility and 6 years apart 1 of those married!!! ,so I'm well accustomed to the major stress it causes over a long period of time it really sucks hmm perhaps I shall write a book one day :cry:. one thing i can say is its alot easier to get into Aus than UK. thanks snifter :cute: Link to comment Share on other sites More sharing options...
MaggieMay24 Posted January 7, 2016 Share Posted January 7, 2016 Adopting them won't change the fact that you need leave to remove as their biological father has rights that a court must address. Adopting them also will not qualify them for Australian citizenship - they'd need to become Australian citizens the same way your wife would, which is (generally) become a permanent resident and live here for 4 years and then apply. Link to comment Share on other sites More sharing options...
aussie fam Posted January 7, 2016 Author Share Posted January 7, 2016 Ahh some more handy info,so it wont matter buckley's if I adopt..i thought it did as it says that on the website but as with half there stuff its barley understandable to normal people that don't have a pHd in understanding government idiocy, thanks maggiemay24 edit,but do i still need leave if there "un-named on the birth certs" as previously noted? Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 7, 2016 Share Posted January 7, 2016 B aware that unpaid fines, depending on what they are for, may now have resulted in a warrant for arrest. Link to comment Share on other sites More sharing options...
aussie fam Posted January 7, 2016 Author Share Posted January 7, 2016 B aware that unpaid fines, depending on what they are for, may now have resulted in a warrant for arrest. Thanks Verystormy, I'm aware however I've been paying them through SPER so I'm clear in that regard. but thanks for the heads up. Link to comment Share on other sites More sharing options...
Marisawright Posted January 7, 2016 Share Posted January 7, 2016 thanks ferrets ,we are using an agent ,actually the first time we called they suggested going to aust first and applying within ,however for peace of mind were wanting to apply outside. however as I said we are going to use one just trying to gather info first.thanks for the speedy reply I would take another look at that agent and make sure he is MARA registered - if he isn't, then dump him immediately. There are a LOT of shonks out there and the MARA registration is your protection. The fact that he's suggesting you just go to Australia without the visa makes me suspicious, also the fact that he should have answered most of the questions you've got, if he's any good. Link to comment Share on other sites More sharing options...
Fairview70 Posted January 7, 2016 Share Posted January 7, 2016 Hi Sounds a complicated situation. I can't help with most of it but I British my husband is Aussie and we have two children together and one other each who our over 18. My British son can't go at all now as he is a non dependent something to bear in mind with the older stepson. I can't tell if any of the children are jointly yours we applied for citizenship from the UK and then Aussie passports in that way only I have to apply for a visa. Although you Still need to list whose going you don't need to pay the suppliments per child on the visa nor do they have to pay £280 pounds each for the medical. It also means they don't have to pay for schooling once they arrive in Australia. You all also need to get signed permission both for the visa's and medicals from the biological fathers regardless of wether they see the children or not. All the children have to take a medical regardless of wether they are going with you unless they are Australian citizens. Link to comment Share on other sites More sharing options...
aussie fam Posted January 7, 2016 Author Share Posted January 7, 2016 Hi Sounds a complicated situation. I can't help with most of it but I British my husband is Aussie and we have two children together and one other each who our over 18. My British son can't go at all now as he is a non dependent something to bear in mind with the older stepson. I can't tell if any of the children are jointly yours we applied for citizenship from the UK and then Aussie passports in that way only I have to apply for a visa. Although you Still need to list whose going you don't need to pay the suppliments per child on the visa nor do they have to pay £280 pounds each for the medical. It also means they don't have to pay for schooling once they arrive in Australia. You all also need to get signed permission both for the visa's and medicals from the biological fathers regardless of wether they see the children or not. All the children have to take a medical regardless of weather they are going with you unless they are Australian citizens. HI again all, bit of an update I have phoned my solicitor today and no we don't need permission to remove the children from the UK ,it seems to have been lost in translation but il repeat that the child's Fathers are NOT on any birth certificates and i have a court approved parental responsibility order we did this a long time ago because we knew this was comming and might have helped with other formal issues . this gives them not right to the children at all .I'll add that all three are my step children. *Against my own wishes my step son whose 18 next year wishes to stay and finish a Chef's apprenticeship he hasn't even yet started but i cant /wont stop him he's planning to do a skilled or YMS visa to see us in Australia but I fear after a while this may become difficult.As I've repeatedly told him ..what better place to do a chef's apprenticeship than Australia? our agent is "Go Matilda and certainly is MARA registered" why they think we should land in Australia first i cant really tell you it might just be that its the best way for us I'm not sure.. Thanks again all :notworthy: Link to comment Share on other sites More sharing options...
Marisawright Posted January 7, 2016 Share Posted January 7, 2016 our agent is "Go Matilda and certainly is MARA registered" why they think we should land in Australia first i cant really tell you it might just be that its the best way for us I'm not sure.. Go Matilda is a very reputable firm so if they reckon it's worth applying onshore there must be a reason - and if you're paying them a fee you're entitled to have that explained to you, so I would go back and ask them the question! Link to comment Share on other sites More sharing options...
wrussell Posted January 7, 2016 Share Posted January 7, 2016 My British son can't go at all now as he is a non dependent something to bear in mind with the older stepson. You seem to have been badly advised. Link to comment Share on other sites More sharing options...
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