Jump to content
leethesparks

Do i need daughter dads permission to migrate if he hasnt got PR

Recommended Posts

Hi

 

Hope there is someone that can help me.

 

Me my husband and 3 girls are in the process of migrating to perth, my eldest daughters whis is 11 still see's her dad and his name is on her birth certificate but he does not pay maintenance and by english law has no parental responsability (she was born 1999 & we were not married).

 

Does anyone know what i should send with our visa application to surport this?

 

I spoke to Australia House last year and they said a stat dec confiriming no PR would be fine which i got from a solicitor, but now after all this time my agent thinks different.

 

Does anyone know how i stand in regards to the australian law?

 

Any help would be great :arghh:


Electrcian (General)Vetassess Passed 4/03/2011 WA SS Applied 16/03/2011 WA SS App 14/04/2011 176 Visa Lodged 6/05/2011 C.O 31/05/2011 Medicals 4/6/11 Meds Refered 14/6/11PC uploaded 14/6/11 Meds Finalised 16/06/11 VISA GRANTED 17/06/2011 - Flew to perth 1/8/2011

Share this post


Link to post
Share on other sites

Because my daughter's father's name was on the birth certificate, we had to get permission from him to take our daughter to Australia. I have sole parental responsibility from the US courts. Luckily he didn't balk at it and signed it without any issue.

Share this post


Link to post
Share on other sites

Because he is named on the birth certificate, he DOES have PR

Share this post


Link to post
Share on other sites

Because she was born before 2003 when the law changed he DOESNT have automatic PR.


Electrcian (General)Vetassess Passed 4/03/2011 WA SS Applied 16/03/2011 WA SS App 14/04/2011 176 Visa Lodged 6/05/2011 C.O 31/05/2011 Medicals 4/6/11 Meds Refered 14/6/11PC uploaded 14/6/11 Meds Finalised 16/06/11 VISA GRANTED 17/06/2011 - Flew to perth 1/8/2011

Share this post


Link to post
Share on other sites

sorry, wasn't aware of year of birth. might be worth knowing that he could apply to the courts to obtain PR though

Share this post


Link to post
Share on other sites

I think the other issue for you is that your ex has contact with his daugher - he's not a truly absent father. I would imagine that you need to seek his permission.


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

Share this post


Link to post
Share on other sites
Guest Guest31881

You will find your agent is correct, You are probably going to need his permission, either with a signed declaration or if he refuses through the courts. I suggest you contact a solicitor and also check out the thread on here about the Hague Convention.

 

http://www.pomsinoz.com/forum/news-gossip-chat/47091-children-what-happens-if-you-your-partner-decide-go-home.html

 

You will find no matter what you already have, the DIAC will need legal confirmation that you can remove your child from the UK.

Share this post


Link to post
Share on other sites
Guest JK2510

I had to get my ex to do a stat dec back in 2008. He's never done anything sooo quick! When I received a co late last year I was informed in January that I had to go and get a stat dec done that I had to sign stating that there had been no changes since 2008.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×