Illustration or art teacher

[MrsShields12]

She doesn’t need fathers permission , he’s not on BC

[VERYSTORMY]

10 hours ago, MrsShields12 said:

She doesn’t need fathers permission , he’s not on BC

Sorry, but she does. It is nothing to do with the U.K. government which you have quoted, or UK law or parental responsibility. It is due to the requirements Australia place in order to prevent claims by an absent parent under international convention. UK regulations are meaningless. 

[MrsShields12]

forgive me but if he’s not on the birth certificate , who’s to say she  knows who the father is ( I’m using This as an example ) . Therefore she couldn’t permission anyway .

 

My understand was that ANYONE with parental responsibility has to give permission for visa to be granted to a child under 18 years , filling in form 

 

I filled in form 1229 , Explained why I was the only person with PR in a short seperate statement . 

permanent residence granted in 4weeks , March 2018. 

As I said I’m no expert but I don’t see how permission from a non residential parent , who is not on the birth certificate is going to be achieved . 

Id be interested on the legal answer to this question , I’ll follow and see what comes out of it .

[MrsShields12]

The father doesn’t have PR to give permission for a visa grant . 

 

I apologie if I’m wrong 

[VERYSTORMY]

Yep. Now read it again and note the important word. "or" 

[Marisawright]

24 minutes ago, MrsShields12 said:

The father doesn’t have PR to give permission for a visa grant . 

 

I apologie if I’m wrong 

That looks pretty clear to me. It says their "non-accompanying" parent has to sign a consent form.

There is only one exceptoin - if one parent has legally been made responsible for the decision only that parent needs to sign.  

The key word here is "legally".  I can't see how you can be made "legally responsible" unless you've gone to court, or you've completed paperwork documenting a legal agreement between you.

Edited April 16, 2018 by Marisawright

[Marisawright]

36 minutes ago, MrsShields12 said:

forgive me but if he’s not on the birth certificate , who’s to say she  knows who the father is ( I’m using This as an example ) . Therefore she couldn’t permission anyway .

 

My understand was that ANYONE with parental responsibility has to give permission for visa to be granted to a child under 18 years , filling in form 

I filled in form 1229 , Explained why I was the only person with PR in a short seperate statement . 

permanent residence granted in 4weeks , March 2018. 

I'm thoroughly confused by this post.

The OP's situation is that she, her child and her husband are all in the UK.   The OP wants to move to Australia taking her child with her.  If the husband was moving to Australia too, why would he worry about it?  The whole reason he has to give permission is that the OP is going to take the child thousands of miles away from him, and the government needs to be sure he's OK with that.  Make sense?

 

Edited April 16, 2018 by Marisawright

[MrsShields12]

Different father from what I read her say in the comments . 

Anyway , I’m not here to argue with anyone , this site helped me tremendously. 

I was tagged in this post , I can only try and help her with the information I was provided by the service station. I was tagged due to also begin Scottish and our parental laws being different to the rest of the UK. 

 

I wish her well 

[Marisawright]

6 minutes ago, MrsShields12 said:

Different father from what I read her say in the comments . 

Anyway , I’m not here to argue with anyone , this site helped me tremendously. 

 

Yes, it's great isnt it.

The point VeryStormy was making is that it doesn't matter what Scotland says, or England either.  They may let the child out of the country, but it's also a case of whether Australia will let her in.  I'm no expert on these matters either, but that makes sense to me.

It's just occurred to me that you're using "PR" to stand for parent responsibility not PR (i.e. the visa).

[MrsShields12]

Oh **** yes people may have gotten confused over that, Sorry all !!

sorry if I was getting a bit heated there , All I was trying to get across was I applied for my partner visa with a dependant that is not my husbands . 

Mad I’m the only person with parental responsibility I did not need to seek permission from his biological dad . 

 

This poster states that her her daughters father has never been part of her life , Nor is he on her birth certificate which would lead me to believe she has to do what I done . Fill in form 1229 ( consent for a visa to be granted to a minor ) and that’s that. No permission needed from anyone else as in the eyes of the law she’s the only person who is responsible for her child . 

( no expert but that’s what I was personally advised by the service centre , My case officer asked for a brief statement explaining why I was the only person with parental responsibility , that was that ) 

 

permant reaidence for me and and my son within four weeks . 

Again I apologise Marisa and stormy for the confusion I may have caused.

 

[Amber Snowball]

2 hours ago, MrsShields12 said:

Oh **** yes people may have gotten confused over that, Sorry all !!

sorry if I was getting a bit heated there , All I was trying to get across was I applied for my partner visa with a dependant that is not my husbands . 

Mad I’m the only person with parental responsibility I did not need to seek permission from his biological dad . 

 

This poster states that her her daughters father has never been part of her life , Nor is he on her birth certificate which would lead me to believe she has to do what I done . Fill in form 1229 ( consent for a visa to be granted to a minor ) and that’s that. No permission needed from anyone else as in the eyes of the law she’s the only person who is responsible for her child . 

( no expert but that’s what I was personally advised by the service centre , My case officer asked for a brief statement explaining why I was the only person with parental responsibility , that was that ) 

 

permant reaidence for me and and my son within four weeks . 

Again I apologise Marisa and stormy for the confusion I may have caused.

 

Hi, sorry didn’t mean to haul you into an argument. I agree with you as it reflects my experience from years ago.

An unnamed parent has no parental responsibility so therefore no rights to prevent a child leaving the UK. Australia respects this.

If it didn’t I have no idea how either you or me got our visas. I can’t remember filling a form in, just sent the birth certificate with the blank space for fathers name front and centre.

Thanks.

[MrsShields12]

5 hours ago, Amber Snowball said:

Hi, sorry didn’t mean to haul you into an argument. I agree with you as it reflects my experience from years ago.

An unnamed parent has no parental responsibility so therefore no rights to prevent a child leaving the UK. Australia respects this.

If it didn’t I have no idea how either you or me got our visas. I can’t remember filling a form in, just sent the birth certificate with the blank space for fathers name front and centre.

Thanks.

Amber , I don’t know what to reply. I this it’s a delicate subject and unless it’s something you need to know inside out ( like I did ) then it’s easy to misconstrue. 

My cousin is a immigration lawyer and he agreed with what I said , but I’m no moderator. 

Its stressful trying to explain what I was total literally 5 weeks ago , It’s not even the posters main point she’s trying to get answers too. 

[MrsShields12]

5 hours ago, Amber Snowball said:

Hi, sorry didn’t mean to haul you into an argument. I agree with you as it reflects my experience from years ago.

An unnamed parent has no parental responsibility so therefore no rights to prevent a child leaving the UK. Australia respects this.

If it didn’t I have no idea how either you or me got our visas. I can’t remember filling a form in, just sent the birth certificate with the blank space for fathers name front and centre.

Thanks.

Mines was a little different as my son does know his biological father BUT he has no parental rights due to the year my son was born . 

So all immigration wanted off of me was a form 1129 and a short statement . Nothing more asked . 

[Amber Snowball]

4 hours ago, MrsShields12 said:

Amber , I don’t know what to reply. I this it’s a delicate subject and unless it’s something you need to know inside out ( like I did ) then it’s easy to misconstrue. 

My cousin is a immigration lawyer and he agreed with what I said , but I’m no moderator. 

Its stressful trying to explain what I was total literally 5 weeks ago , It’s not even the posters main point she’s trying to get answers too. 

Indeed. The OP has other issues as well such as what visa and when, so I think a consultation with a migration agent of the MARA registered variety would be beneficial.

I will be stepping out of this thread now but thanks for sharing your experience.