zara283 Posted November 17, 2011 Share Posted November 17, 2011 I have a small problem in that i have job offer in australia, just need my prospective employer to get his sponsorship status to start with. My partner has a 5 year old from her previous relationship and we need his fathers permission to take him out of the country( have not asked him yet we going to get new year out the way first) and it could be fairly simple or it could be expensive and a trip to court. We dont really know yet how he will react. I can get a 457 visa and could come out as soon as its granted and start work or i could hang on until we get everything sorted this end, not much work in uk so i am keen to get out to oz and get started as i been offered a fairly good job. What i am trying to find out is that if i come over on my own to start with, what is the process my other half would have to do to come and join me, I dont think we can apply for a visa for all of us as it would not be granted until we have the clearance from his father or the court so i need to make my own application. Has any one else had a similar experience? Link to comment Share on other sites More sharing options...
Guest guest36187 Posted November 17, 2011 Share Posted November 17, 2011 There is a thread out there on the boards by 2tigers about removing kids from parents. There is a thread by tracy123 about the same thing. Tracy and GEoff went through this process and had to go to Court to gain permission. I`ll try and find the links for you. Does "Dad" have much contact with his child? It will more than likely go one of 2 ways. 1) Dad will say `yes get going` and sign the declaration allowing you all the freedom to go 2) Dad will say `no` to you going. As this can be a long process I would prepare for that. It can also be a costly process and I would prepare for that too. Seeing as it has the potential to be a long process it might be better to start preparing now. When you talk to `Dad` ensure that you have all the informations there. Where you will be living? Schools the child may go to? How you will maintain contact with `Dad`? Will you pay for Dad to come and see his child? How often will you send your child back to UK??? This is the best I can give on your limited information. I`ll go and find those thread links. Here you go: http://www.pomsinoz.com/forum/news-chat-dilemmas/47091-children-what-happens-if-you-your-partner-decide-go-home.html http://www.pomsinoz.com/forum/migration-issues/82979-going-court-take-children-out-country.html Hope reading these will help. Good Luck x x Link to comment Share on other sites More sharing options...
Guest guest36187 Posted November 17, 2011 Share Posted November 17, 2011 Zara283, please be prepared for some emotive responses too. This subject has been covered many a time on PIO and always raises hackles with some people. Have you spoken with an agent or anyone that can `legally` help you through this process??? Link to comment Share on other sites More sharing options...
k8bug79 Posted November 17, 2011 Share Posted November 17, 2011 COngrats on the job offer, but if I were you I would wait. I have heard te court process can be very time consuming, taking years in cases. I am by no means an expert and there are more people on this board with more experience than me. But I think you need to pose the question and be open and honest with your partners ex and take it from there. Good luck Link to comment Share on other sites More sharing options...
zara283 Posted November 18, 2011 Author Share Posted November 18, 2011 Thank you for all your comments. My partner started this thread. We already realise the complications behind getting permission from my ex husband & have sought legal advice & have been given advice on here too. We do realise this is an emotive subject too. What my partner was trying to say if the response we receive from my ex husband was a 'NO', which I perfectly understand why it could be. My partner would like to know that if he goes ahead to OZ first whilst we are in the process of going through courts, what route would myself & my son have to take to join him. Can we still do a joint 457 visa application?? Or is it best for him to do it then I join him on it, eventually, hopefully?? And if he does go ahead to set up the work & home before we get permission from my ex husband could this lead to trouble with the courts to get the 'Dads' permission. P.s. I don't want to upset people with this thread, I just need some feedback on what we can & can't do. Link to comment Share on other sites More sharing options...
Guest guest36187 Posted November 18, 2011 Share Posted November 18, 2011 Before You can do anything....you need "dads permission". Without that nothing else can happen for you. That's the key before you do anything else Link to comment Share on other sites More sharing options...
LKC Posted November 18, 2011 Share Posted November 18, 2011 I think that if you wanted to be included on your partners visa you would all have to apply at the same time, and as such you would need permission first. The 457 is a temporary visa, so I am not sure how that will fare if you do have to go to court to obtain permission. A judge may not look favourably on the situation with it being a temporary one anyway, if that makes sense. Would there be any possibility of applying for a permanent visa at all? I am just thinking that there is going to be lots of cost, both financial and emotional, and that it may just not be worth it for a temp visa. Link to comment Share on other sites More sharing options...
kitesurfer Posted November 18, 2011 Share Posted November 18, 2011 Hi Zara, Me and the Wife have had to have the same conversation with her x over our daughter,the one thing you will need to do is pull together as a family and do whats best for your child.thankfully after some carefull wording he agread to let us take her to australia. Think of everyone from all sides past and present , i would personaly try and not mention the Courts as this only provokes the situation and may upset people.On the cost front we only had to pay £150.00 for a letter to be signed and witness from our solicitor. work together and Good Luck Tomo Link to comment Share on other sites More sharing options...
zara283 Posted November 18, 2011 Author Share Posted November 18, 2011 Thank you Kite Surfer that is very helpful. My partner & I are going to do it together next week, I am trying to get all the information I need & answers to all his questions so we are prepared. Thank you Joanne & LKC for your comments too. We have spoken to an agent now who have said that my partner can go ahead on 457 visa & I can either be on it if we get permission from 'DAD' or he can apply solely then my son & I can be added later on once we have gained permission, depending on our situation. I am just waiting for a reply from my solicitor to see if it makes any difference to the courts if my partner has gone ahead of us just in case we get an answer of 'No' from 'Dad'. Link to comment Share on other sites More sharing options...
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