rikgear

Background:
Separated from GF prior to birth of our child.
I went through court (twice) for access.
Access granted and getting on much better with more access than ordered.
Ex says she wants more for our son and wants to move to Oz (can only do so with my go ahead).
I've always wanted to move to Oz and I'm nearly 40 so running out of time (she's same school year but one of youngest so nearly a year between us).
Both decided to go for it, perminently!

She is currently 37 - Was a Nursery Nurse (for over 10yrs I think) but since the birth of our son has been working privately as a child carer. I believe she would pass tests for superior English. No significant savings.

I'm 38 - Working as senior design (CAD) engineer for a HVAC company for 11 years, 4-5 years in sheet metal fabrication prior to this. I'm sure I would get superior English too and have a BTEC National Diploma and Higher National Diploma in graphic design. No significant savings but £30-40k from house sale or £150-£200 profit a month if I rent (friend will manage it [& probably be the one to rent it]).

We are looking to live together when we first arrive to ease things financially and although I believe we could both qualify for the 189 independent visa, she mentioned it may be that we have to go as a couple to make it easier, however, looking at some of the documentation we would have to prove we have been living together.

I have my own house and she moved back to her parents when our boy was about 12 months (from rented property) but we have never lived together.

If I go as an independent with her and our boy as dependants it is obviously cheaper but would it be okay to say we lived together but everything was in my name as it was before we met? Is me being on the birth certificate enough?

Although we were looking at going in 3-4 years after she completed another course I looked through the points and we would both get 10 points more each if we go by September next year.

Any thoughts or advice?

BritInParis

Putting the skills aspect to one side, planning to commit immigration fraud by presenting yourselves as a genuine de facto couple and writing about it online is probably not the best way to start your Australian migration journey.

Coming back to skills I'm not sure either of you would qualify for a subclass 189 visa. Which ANZSCO code would you be applying under?

rikgear

Sorry I'm new at this and we only made the final decision to do this over Christmas. I can see how that could be classed as fraudulent, however, I was looking more at exploiting any legal loophole with regard to us both being biological parents in that aspect.

Just Googled 189 ANZSCO Codes it is looking like there isn't anything on that list for us (the list I was linked to on oz embassy Web page was different (didn't know the term ANZSCO) , it's a difficult page to navigate and sends you round in circles)

I'm guessing then that it will be a case of applying for working visas and the applying for permanent residency.

Obviously if she then has to move back, I would too.

But if my permanent application fails and hers doesn't, where would I stand with access (legal forum probably the place for that question but would be my main concern)

quoll

I really think you are going to struggle. What do you mean, get a “working visa” then apply for permanent residence? You’re not a couple in the Immigration sense of the word, not currently living together and not done so for 12 months. If one of you has a successful PR application and the other doesn’t, you’re sort of screwed if you happen to be in Australia when that happens. If you’re in Aus, she gets PR you don’t, you leave, wave bye bye and hope you might get some visitation rights if you pop over as a tourist. Just having a child who happens to have Aus PR through whatever route doesn’t give you any rights to stay. If, otoh you apply offshore and she gets PR, you don’t, then you can go to court to fight removal from jurisdiction.

Not sure that a child care worker is on the visa occupation list either.

Pollyana

There is no loophole regarding you both being the child's parents. If you are a couple in an exclusive ongoing relationship then you can apply as a couple. You would need to provide proof of your relationship and proof of a joint life, living together. Simply having a child together is not enough.

Not sure what you mean by applying for working visas? For a skills visa you need a skill on the appropriate list. If you are thinking of Working Holiday Visas, then your child cannot accompany you (or her).

If you apply for skills visas separately and one of you is successful but not the other, then working out access is your own problem - flying over n a tourist visa to visit your child here, or whatever, that would be your issue, nothing to do with immigration, the department would not be interested.

verystormy

First, in order to apply as your partner, you would need to prove you have lived together as de facto (man and wife in all but the certificate) for at least 12 months.

With regard skills, she does not qualify in her own right. The only occupation that might be close would be early childhood teacher. This requires a degree and a number of years full time recent experience. With yourself, I am not certain you qualify either as your occupation would, I believe, require a degree.

rikgear

Thanks guys, going to the emigrate show in February to see what our options are, looks like we may be stuck here though. Thanks for your time.

Pollyana

If they suggest anything we have overlooked, please come back and report, it could help someone else in the future.

rikgear

Will do Pollyana.