Raye Posted September 11, 2020 Share Posted September 11, 2020 My husband and I have had our visas granted for our family. But had a huge argument last week and it may result in a divorce. He is the main applicant. Can we still go on our PR visas if I take the children? Can he cancel them? Will Aus allow us in without the main applicant? Flights are booked. I've applied for jobs. Quote Link to comment Share on other sites More sharing options...
Quoll Posted September 11, 2020 Share Posted September 11, 2020 (edited) Once your PR has been granted as an individual you’re home free, independent permanent residents. edited to say, If he says you can’t leave uk with the kids then you could be in trouble. Edited September 11, 2020 by Quoll 1 Quote Link to comment Share on other sites More sharing options...
Raye Posted September 11, 2020 Author Share Posted September 11, 2020 Thank you. That is such a relief. As if emigration during a pandemic isn't hard enough. Now I might have to try and do it alone. But it's best for the kids. So will find a way. Thank you for your response. Quote Link to comment Share on other sites More sharing options...
Collie Posted September 11, 2020 Share Posted September 11, 2020 (edited) 2 hours ago, Raye said: My husband and I have had our visas granted for our family. But had a huge argument last week and it may result in a divorce. He is the main applicant. Can we still go on our PR visas if I take the children? Can he cancel them? Will Aus allow us in without the main applicant? Flights are booked. I've applied for jobs. Let me get this right. You are proposing to move the children away 13,000 miles from their father. You and him can get a divorce, doesn't mean that the kids and their Dad are divorced. What ages are the kids? You will need his permission for the kids to emigrate with you or a court's ok if he objects (highly unlikely). If you take the kids without that, it will most likely be seen as abduction. He can apply for a recovery order through the courts and return of the children under the Hague convention (& it will be most likely granted). I some some experience of the family law courts. Edited September 11, 2020 by Collie 3 1 Quote Link to comment Share on other sites More sharing options...
Jon the Hat Posted September 11, 2020 Share Posted September 11, 2020 (edited) 4 hours ago, Raye said: My husband and I have had our visas granted for our family. But had a huge argument last week and it may result in a divorce. He is the main applicant. Can we still go on our PR visas if I take the children? Can he cancel them? Will Aus allow us in without the main applicant? Flights are booked. I've applied for jobs. He cannot cancel your PR, however he can absolutely stop you taking his kids halfway around the world. Edited September 11, 2020 by Jon the Hat 4 1 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted September 11, 2020 Share Posted September 11, 2020 I agree with the others on here. If you are separating then your future plans also change. The children aren’t your possessions, you can’t take them away from their other parent. Would you be ok with their father taking them away from you? If you both plan to still move to Australia that’s a bit different as you can share the parenting between you once there but you can’t just take your children away from their father. 2 1 Quote Link to comment Share on other sites More sharing options...
Raye Posted September 11, 2020 Author Share Posted September 11, 2020 Thank you for your help and responses. I agree that it would be wrong to take children to Australia without permission. That was never and would never be the plan. It would just mean moving at different times, but of course with full consent of both parents. He would be there first, and I wanted to be sure we could still follow,should things get complicated. Never would I be taking them away first, or without consent. I just wanted some idea where I'd stand. I don't want them to miss out, or to not be close by to their dad. Hopefully things resolve themselves. Thank you 1 Quote Link to comment Share on other sites More sharing options...
Quoll Posted September 11, 2020 Share Posted September 11, 2020 Another slightly related question - you seem to think it will be “better” for the kids. Not quite sure how you come to that conclusion but they key question is rather - would it be “better” for you? If push came to shove and the worst happened and he left (that’s his right, he can leave his kids if he wants) would you be better trekking half way round the world to a foreign country where you will be on your own trying to get established (lots of money!!!) and then be there in splendid isolation? What if it doesn’t work for you and you’ve made the leap? Well, I can tell you, unequivocally, you will be stuck there, unable to return home with your kids. Australia is one of the most draconian adherents to The Hague Convention and it never lets kids leave if the other parent, no matter how much of a drop kick says they may not leave. Many (especially) women have found this at their great cost. In fact, I would go so far as to say that if your relationship is so rocky that divorce is on the cards, that you rethink the emigration thing entirely. Emigration has a nasty tendency to split sometimes even the most apparently stable of relationships and, honestly, the last thing you want at that time is to be split from your extended family and support network. Australia isn’t the land of milk and honey that you may have visions of, its bloody hard work as a new migrant getting established and even harder if your life is turned upside down and your relationship goes belly up. If your DH chooses to go away from his kids, that’s his choice, but you are under no obligation to follow him. (Sorry if that sounds harsh but been on these forums long enough to have seen plenty of women caught in that particular trap). Good luck but take care! 3 Quote Link to comment Share on other sites More sharing options...
ali Posted September 11, 2020 Share Posted September 11, 2020 10 hours ago, Raye said: My husband and I have had our visas granted for our family. But had a huge argument last week and it may result in a divorce. He is the main applicant. Can we still go on our PR visas if I take the children? Can he cancel them? Will Aus allow us in without the main applicant? Flights are booked. I've applied for jobs. Does your visa come with the stipulation that the main applicant must enter Aus first? It's many moons ago, but ours did Quote Link to comment Share on other sites More sharing options...
LouDYorkie Posted September 12, 2020 Share Posted September 12, 2020 Please carefully consider taking your children somewhere you don’t know you will settle and be happy because as Quoll said, there are many horror stories out there. I know someone who would love to return to Ireland where they have family support and friends, but can’t take their son as their ex said no, and so their time in Australia is not pleasant and they have many more years to go. Realistically it could happen to anyone, but I think the risk would be far greater if the relationship is rocky before moving. 1 Quote Link to comment Share on other sites More sharing options...
Amber Snowball Posted September 12, 2020 Share Posted September 12, 2020 I think @Quoll and @LouDYorkie make an excellent point. If you, he and the children all go to Australia either together or apart and you don’t settle/like it and want to leave, your husband can stop you taking the children from Oz. I have a friend who wanted to leave years before I did and is still there, hating it. She split from her husband, he didn’t really see the children or do anything for them but he wouldn’t let her leave with them. Because there are 3 children she has had to wait for the youngest to reach 18 so they can leave, by which time the older ones are in uni etc. She and the children want to return to the UK and they will but getting the timings in is a challenge. I hope it all works out for you. 2 Quote Link to comment Share on other sites More sharing options...
Frankly1759 Posted October 1, 2020 Share Posted October 1, 2020 I'd probably fly over asap and activate your visa. Just to be safe. Can't see any probs though but assuming you have full work status. Quote Link to comment Share on other sites More sharing options...
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