espionage091 Posted October 19, 2016 Share Posted October 19, 2016 I am a single mother who lives in HK with an illegitimate child. I want to apply for visa 189. according to the DIBP requirements, I need to submit either a court order for custody proof or the form 80 signed by biological father. i'd like to ask if the latter choice is not possible because we separated once the child was born and never contact. For the former choice, based on HK legislation, bilological mother has all the parental rights and authority. Therefore, the court won't accept my application for custody proof purpose as it has already clarified by law. in my case, can I submit this law for the proof of custody? if not acceptable, in my case, any other plausible alternatives i am really worried and frustrated. Can someone give me advice? thank you Quote Link to comment Share on other sites More sharing options...
espionage091 Posted October 19, 2016 Author Share Posted October 19, 2016 Sorry, it should be form 1229 Quote Link to comment Share on other sites More sharing options...
wrussell Posted October 21, 2016 Share Posted October 21, 2016 Sorry, it should be form 1229 The regulations to be satisfied are: 4017 The Minister is satisfied of 1 of the following: (note the one) (a) the law of the applicant's home country permits the removal of the applicant; (b) each person who can lawfully determine where the applicant is to live consents to the grant of the visa; © the grant of the visa would be consistent with any Australian child order in force in relation to the applicant. and 4018 The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant. From what you have posted, you can probably rely on 4017 (a) May I suggest that you bring applicable regulations to the attention of a family law practitioner in HK and obtain a written opinion that refers to the applicable regulations and advises that in your case they are satisfied under HK law. I strongly advise that you do not try to run this yourself, no matter what you now understand. Quote Link to comment Share on other sites More sharing options...
Wei Shu Posted October 21, 2016 Share Posted October 21, 2016 Easiest way is to ask father to sign on consent form, if unsuccessful, then you will need to obtain a court order allows you to permanently remove your child. I am a single mother who lives in HK with an illegitimate child. I want to apply for visa 189.according to the DIBP requirements, I need to submit either a court order for custody proof or the form 80 signed by biological father. i'd like to ask if the latter choice is not possible because we separated once the child was born and never contact. For the former choice, based on HK legislation, bilological mother has all the parental rights and authority. Therefore, the court won't accept my application for custody proof purpose as it has already clarified by law. in my case, can I submit this law for the proof of custody? if not acceptable, in my case, any other plausible alternatives i am really worried and frustrated. Can someone give me advice? thank you Quote Link to comment Share on other sites More sharing options...
espionage091 Posted October 21, 2016 Author Share Posted October 21, 2016 Thank you for your advice besides, I would like to ask about the visa 189 point calculation regarding offshore working experience. my nominated occupation is registered nurse (medical) and my 4 years experience is assessed by amnac. Additionally, I have been working as a nurse educator for 1 year, but not being assessed by amnac. In this case, can I claim for 5 years of offshore working experience (10 points) during application ? Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.