adding dependent child to visa
 

We are about to apply for skilled independent PR Oz visa. The main problem is as I have a child from a previous relationship I cannot include him on the application without a court order stating I have full custody etc. After seeking legal advice I was informed that this would be a very long expensive process. There is no chance of his father agreeing to the migration.

Our child is now 14, when he reaches 16 we are no longer required to get a court order.
As the visas are taking so long to process could we apply, excluding him from the visa and then apply to add him on as a dependent child when he is 16 ?

Is there a time scale that we would have to wait before being apply to apply for him as a dependent ? Or would we have to be residing in Oz before we added him to the visa ( obviously that is not possible).

Does anyone have any experience of this?

thanks for any advice received

Tinaj

Re: adding dependent child to visa
 

Tina,

I am going through the same thing. My son is almost 16, but to satisfy Aussie law, you must have permission to remove you child from the country permanently. The age limit is 18 not 16. If you have full custody of the child, it is a mere process that you have to go through. You have to apply to the county court for an order using a C1, the papers have to be served to the dad and then you go to court and hopefully things go ok and you get your order, which you then send with your application. If you still have contact with the dad, you can ask him to sign a letter showing his permission and get it signed by a solicitor which is also adequate.

I hope this is of some use to you, I am in court on Monday regarding my son, and in due course I can let you know what happened. I have no idea if my sons dad is going to oppose or not, but it should be cut and dried seeing as no contact has happened in the last 13 years.

Good luck :)

Yvonne