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Chickbock

Permission to take 16 year old?

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I see now. The signatures do not appear in the App (or at least not in mine) I just looked on the desktop site...

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7 hours ago, Chickbock said:

Thanks for your help rammy. I have contacted@wrussell via his website pinoy

Good luck. It’s one of those areas that raises alot of debate, but if the law in the UK says it is ok then Australia will recognise that. There are other threads on here for a slightly different issue that I have personal experience of and that is removing a young child where the father isn’t on the birth certificate ( hence I queried that earlier) and that also raises much debate and opinion!

I think there have been so many horror stories involving the Hague Convention and associated court cases that no one here would want anyone to ge caught up in it if they could avoid it.

Westly Russell appears to know his stuff so you should be in safe hands. 

All the best. ?

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For no charge, I emailed the following regulations to the OP, as well as various other information and advice:

Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass xxx visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
4015:
The Minister is satisfied of 1 of the following:
(a) the law of the additional applicant’s home country permits the removal of
the additional applicant;
(b) each person who can lawfully determine where the additional applicant is
to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child order in
force in relation to the additional applicant.

I have obtained visas for numerous children (including my own) without the consent of the non custodial parent or a court odder.

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Thanks@wrussell I have not received the email but I will be looking to use your services going forward. I have PM’d you with my email address as I may have typed it wrong on your website.

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I think @wrussell has got you covered on this, but some members didn’t need a court order just a stat dec off the father.


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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Thanks Pom queen. I’m no where near that stage just yet. I haven’t done a skills assessment. I am just getting all of my ducks in a row.

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Guest

IIRC and the father is happy to sign the forms giving consent, there may not be a need to take it up and go to court for leave to remove. Some parents are ok with signing to allow children to move overseas.

 

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I have a 16 year old boy, wasn’t married to the father but is on the birth certificate. He does not have parental responsibility as we were unmarried and he was born before fathers had automatic parental responsibility which came into effect in Dec 2003. 

As he does not have parental responsibility I did not have to seek his permission to take my son to Australia. In order to prove this I obtained a stat Dec from a solicitor quoting the law and confirming he did not have parental responsibility.

His father didn’t realise that this was the case and was of the understanding that I required his permission. Eventually he decided to sign the 1229 form which I asked him to sign to make things easier. 

After I submitted the 1229, immigration rang his father to check that he gave his permission. Now I’m unsure whether they would have just accepted the stat Dec from the solicitor or became suspicious that I submitted a stat Dec then the 1229 shortly after and wanted to make sure it wasn’t me that forged the fathers signature on the 1229 form. I’m not sure whether you were married or not but that’s my experience. We were granted our visas in Feb. 

Good luck with the process ? 

 

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The father does have parental responsibility.... we have not asked him yet but pretty much know he will say no. However wrussell states it is not needed anyway as at 16 she can live where she wants under Uk law.

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Thats exactly what I thought about my sons father as we’re not civil with each other but initially he refused to give his permission, then he changed his mind so I quickly got the form signed submitted it and then he changed his mind again! I didnt actually need his permission I just wanted him to sign the form to make the process less complicated. My sons grandparents (ex’s parents) became involved and I think tried to convince him that his son would have a much better life and that it was an amazing opportunity for him and not to stand in his way as he was nearly an adult. It worked as I got the form signed but then he changed his mind again.

That’s good news then, I hope the process isn’t too stressful for you! 

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I’m no where near there yet. I need to have my skills assessed first! Lol

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On ‎2‎/‎05‎/‎2018 at 04:32, Chickbock said:

I’m no where near there yet. I need to have my skills assessed first! Lol

As the visa  process can be a long one - you'll need to ensure that they remain in education after leaving school as this is the easiest to prove their dependency on you.


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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