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UKNational2019

UK National with Australian child (separated from Aussie Partner)

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Hi,


As above I am a 30 year old male U.K. national currently back in the U.K. having left Australia in 2016 after my 457 business visa expired.


Due to splitting up with my Australian partner at the time I wasn’t able to submit a de facto application to stay in the country.


I am looking to find out what options I have to return to Australia to be with my Australian daughter (5 years old).


I have been advised by immigration consultants in Australia that have said my daughter can’t act as a sponsor until she turns 18 years old.


They also mentioned there would be a possibility of going to court/immigration to apply for some kind of Guardian rights visa but they didn’t seem to have much information on this.

They said that possibly a Guardian of my child (Mother/Grandparents) could apply to act as a sponsor for me. Does anyone know what kind of visa this would be?


Other than gaining another sponsorship, does anyone have any idea on the best route or any other options available for me to return to Australia to be with my Daughter? 


As a Father of an Australian child who needs her Father, surely there is some sort of option available to me?


Thanks

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When you spoke to immigration consultants, did you actually engage them for their services, because I think this is your best option. Yes, you will pay, but the options you are looking at are far from straight forward. I would recommend wrussel.

Have you looked at the skilled visa options? 

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1 hour ago, VERYSTORMY said:

When you spoke to immigration consultants, did you actually engage them for their services, because I think this is your best option. Yes, you will pay, but the options you are looking at are far from straight forward. I would recommend wrussel.

Have you looked at the skilled visa options? 

I had two free consultation meetings whilst in Perth. And was offered similar information by both companies. However neither company seemed to know much about the Guardian option. 

I appreciate I will need to seek paid advice at some point but I’m currently trying to gather information from various different sources to try and see what information is consistent and what the best path forward would be, before engaging an agent. 

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If it's the visa I'm  thinking of it wouldn't be an option - it's  a guardian visa for an international student under 18 and as your child has a guardian in her  mum and isn't an international student that wouldn't be a lot of use.  Just being the parent of an Australian child isn't going to give you entry and you'd be better looking at a skilled visa and meanwhile having visits or having your daughter over to stay with you.

 

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Posted (edited)
38 minutes ago, Quoll said:

If it's the visa I'm  thinking of it wouldn't be an option - it's  a guardian visa for an international student under 18 and as your child has a guardian in her  mum and isn't an international student that wouldn't be a lot of use.  Just being the parent of an Australian child isn't going to give you entry and you'd be better looking at a skilled visa and meanwhile having visits or having your daughter over to stay with you.

 

Having my daughter over to stay with me isn’t the easiest thing to do logistically. 

It would involve me flying to Australia, picking my daughter up, flying to the U.K. for 2-3 weeks then flying back to Australia, dropping her off, then flying back to the U.K.

I have just returned from visiting her but I’m sure you can appreciate how difficult and painful it is for both myself and daughter being separated and limited to 6 monthly/yearly visits and FaceTime calls.

I’m also not suggesting I should just be given a visa because I have an Australian child but as a committed father I am obviously looking to explore every single option available for me to return. 

 

 

Edited by UKNational2019

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17 minutes ago, UKNational2019 said:

Having my daughter over to stay with me isn’t the easiest thing to do logistically. 

It would involve me flying to Australia, picking my daughter up, flying to the U.K. for 2-3 weeks then flying back to Australia, dropping her off, then flying back to the U.K.

I have just returned from visiting her but I’m sure you can appreciate how difficult and painful it is for both myself and daughter being separated and limited to 6 monthly/yearly visits and FaceTime calls.

I’m also not suggesting I should just be given a visa because I have an Australian child but as a committed father I am obviously looking to explore every single option available for me to return. 

 

 

She can fly as an unaccompanied minor, they look after them very well.  5 may be a tad young but certainly in the next few years there’s no reason why not. 

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43 minutes ago, UKNational2019 said:

Having my daughter over to stay with me isn’t the easiest thing to do logistically. 

It would involve me flying to Australia, picking my daughter up, flying to the U.K. for 2-3 weeks then flying back to Australia, dropping her off, then flying back to the U.K.

I have just returned from visiting her but I’m sure you can appreciate how difficult and painful it is for both myself and daughter being separated and limited to 6 monthly/yearly visits and FaceTime calls.

I’m also not suggesting I should just be given a visa because I have an Australian child but as a committed father I am obviously looking to explore every single option available for me to return. 

 

 

How is your relationship with your ex? From memory you could apply for a parent visa with your ex or her family sponsoring you I think. It’s a long, expensive process though, running into years waiting for the visa. 

I’ll tag @Alan Collett  into this conversation, he is our resident mara agent who provides alot of help around the parent visa and may be able to clarify. Over to you Alan! 😁

This must be a very stressful time for you and I hope you find a way to be with your little girl. 

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Posted (edited)
17 minutes ago, Amber Snowball said:

How is your relationship with your ex? From memory you could apply for a parent visa with your ex or her family sponsoring you I think. It’s a long, expensive process though, running into years waiting for the visa. 

I’ll tag @Alan Collett  into this conversation, he is our resident mara agent who provides alot of help around the parent visa and may be able to clarify. Over to you Alan! 😁

This must be a very stressful time for you and I hope you find a way to be with your little girl. 

The relationship is civil and I have a great relationship with her parents and have no doubts they would support me in anyway possible. However, as you said it’s an extremely expensive and lengthy process. 

Also, as far as I’m aware there is no bridging visa option available after completion of application. 

If the relationship with my ex was ever able to be repaired would we still have to prove being together for a year? Even though we have a 5 year old child. 

Appreciate your help and reply.

Edited by UKNational2019

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1 minute ago, UKNational2019 said:

The relationship is civil and I have a great relationship with her parents and have doubts they would support me in anyway possible. However, as you said it’s an extremely expensive and lengthy process. 

Also, as far as I’m aware there is no bridging visa option available after completion of application. 

If the relationship with my ex was ever able to be repaired would we still have to prove being together for a year? Even though we have a 5 year old child. 

Appreciate your help and support. 

For a partner visa yes you would need proof of relationship but for a parent visa you need them to sponsor you. If you apply onshore a bridging visa is applied but these come with varying restrictions which may not be workable for you.

Not 100% sure what is possible. Hopefully Alan will see this and offer some advice. If there is a way I would recommend engaging him to help you with your application. He provides huge amounts of advice and support  on the parent visa forum here.

He also comes from Geelong and I have a soft spot for that place!

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1 minute ago, Amber Snowball said:

For a partner visa yes you would need proof of relationship but for a parent visa you need them to sponsor you. If you apply onshore a bridging visa is applied but these come with varying restrictions which may not be workable for you.

Not 100% sure what is possible. Hopefully Alan will see this and offer some advice. If there is a way I would recommend engaging him to help you with your application. He provides huge amounts of advice and support  on the parent visa forum here.

He also comes from Geelong and I have a soft spot for that place!

I will definitely be engaging an Agent, I’m just going through a process of information/fact gathering at the moment to find some definitive information to get a plan in place. 

Thanks again 

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Australian citizens cannot be granted a student visa.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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2 minutes ago, wrussell said:

Australian citizens cannot be granted a student visa.

Apologies that’s not what I meant.

Previous migration agents had advised that there was some sort of Guardian option but I’m assuming this would be through the 143 parent visa option. 

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Have you eliminated all possibilities of skilled visas for yourself? That would be the cheapest and quickest way. 


So many wineries ......so little time :yes:

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https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/contributory-parent-143#Eligibility

See alternative sponsorship arrangements here, in the context of a parent visa application.

You would be looking at a subclass 143 Contributory Parent visa though, where processing times are likely to be 5+ years with no Bridging Visa entitlement.

And I concur with the comments of others regarding a skilled visa being a preferable strategy - if you can meet requirements in this regard.   What is your occupation?

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com

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