Guest UKtoBrisbane Posted October 16, 2009 Share Posted October 16, 2009 Can anyone out there please give me some advice? My ex husband refuses to sign a statutory declaration for me me take my 14 year old daughter with me. Is it possible for me to apply on my own, validate the visa and only move once she is 18. She will definately be going on to university so will still be dependant on me. I thought it will take about a year for to get 176 family sponsored visa (my sister lives near Brisbane). My qualification is on the CSL List. If I then wait a further 3 years to make the move could I apply for her to be included? She really wants to go now but I think her Dad is hoping she'll change her mind as she gets older. I cannot wait until she turns 18 as I will be over 45 then Thanks Sandra Link to comment Share on other sites More sharing options...
Guest wanderer Posted October 16, 2009 Share Posted October 16, 2009 Unfortunately once the visa is granted Sandra, you cannot. You'll need to show that she is a dependant of yours so it may pay to get some good legal advice re the set-up for her upkeep and school fees etc. so it does not get messy re it being hard to show she is dependant on you and not your husband. She will have to put in an application herself as a dependant 18+ adult. Have a look at booklet #2 - http://www.immi.gov.au/allforms/booklets/1128.pdf Link to comment Share on other sites More sharing options...
Guest UKtoBrisbane Posted October 16, 2009 Share Posted October 16, 2009 Thanks for your help. If she applies on herself when she turns 18, do you know how long that would take and where it would fall in with the prioritisation rules. Also if she was granted a visa would it entitle her to all PR rights (including study fees). Regards Sandra Link to comment Share on other sites More sharing options...
Guest UKtoBrisbane Posted October 16, 2009 Share Posted October 16, 2009 Sorry, I forgot to add that my ex does not live in the UK so it should be easy enough to prove that she is dependent on me asw she goes to school here. Thanks Link to comment Share on other sites More sharing options...
Guest wanderer Posted October 16, 2009 Share Posted October 16, 2009 There's no prioritisation re a Child Visa Sandra and if everything is in order re her being dependant on you [and that'll be the crucial bit] then the immi people are reasonably humane re families being connected and should be reasonably prompt smooth sailing but it would also pay to consult someone re any interpretation immi may have re only the one parent being a sponsor - it is normal to just have the one sponsor for other family visas and may be something in the Booklet but I've not studied it all too closely. It is a PR visa and so she would have all rights save the social security ones on which there is a two year wait. Child Visa (Offshore) (Subclass 101) gives all the details in abbreviated form, but sections on eligibility and applying and all the links need to be read too. There's also stuff like she had better not get into a relationship etc. which comes into being dependant on you too. Link to comment Share on other sites More sharing options...
wrussell Posted October 16, 2009 Share Posted October 16, 2009 Most of the advice posted, however well-meant, is wrong. Consult a registered migration agent to develop a strategy. Link to comment Share on other sites More sharing options...
_shel Posted October 17, 2009 Share Posted October 17, 2009 Most of the advice posted, however well-meant, is wrong. Consult a registered migration agent to develop a strategy. Which information is wrong? So the rules have changed recently? Are you saying you now can add a child/dependent to a visa which has already been issued and validated? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted October 17, 2009 Share Posted October 17, 2009 Alternatlively you can apply for a court order to remove her from the UK without his consent a few on here have. Link to comment Share on other sites More sharing options...
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