Can The Kids Come?
Jan 15th 2005, 11:13 am
#1
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Thread Starter
Joined: Jan 2005
Location: HILLINGDON, MIDDLESEX
Posts: 39
Can The Kids Come?
Hi
I wonder if anyone has any advice on the following
My husband and I are just about to get the request through for the police checks and medicals - we are planning to go to Brisbane, he is a plumber and it was on his work that we have been able to apply for the visa.
I have 2 kids from a previous marriage - they are currently 13 and 15 - I wanted to put them on the application but my ex refused to sign the form to say he had no objections so consequetly the application is just for the 2 of us. We are planning to go out to Brisbane in August and activate the residency but we will be coming back and I intend to stay here until the kids have finished their education (as I understand it we have upto 5 years before we have to take up permanent residence in Australia) this would mean they will be 18 and 20 if we delay the move until the maximum time span - my question is does anyone know if there would be anyway that I could get them residency once we are out there?? I really hope that they will come out with us initially either on a work visa or just a holiday visa, but if they decide they would like to live out there with us what would the chances be of getting them residency ??
could we sponser them??
it would be great to hear from anyone with any info - thanks
I wonder if anyone has any advice on the following
My husband and I are just about to get the request through for the police checks and medicals - we are planning to go to Brisbane, he is a plumber and it was on his work that we have been able to apply for the visa.
I have 2 kids from a previous marriage - they are currently 13 and 15 - I wanted to put them on the application but my ex refused to sign the form to say he had no objections so consequetly the application is just for the 2 of us. We are planning to go out to Brisbane in August and activate the residency but we will be coming back and I intend to stay here until the kids have finished their education (as I understand it we have upto 5 years before we have to take up permanent residence in Australia) this would mean they will be 18 and 20 if we delay the move until the maximum time span - my question is does anyone know if there would be anyway that I could get them residency once we are out there?? I really hope that they will come out with us initially either on a work visa or just a holiday visa, but if they decide they would like to live out there with us what would the chances be of getting them residency ??
could we sponser them??
it would be great to hear from anyone with any info - thanks
Jan 15th 2005, 12:09 pm
#2
Retired
Joined: Apr 2004
Posts: 34,649
Re: Can The Kids Come?
Originally Posted by J_IMHOFF
Hi
I wonder if anyone has any advice on the following
My husband and I are just about to get the request through for the police checks and medicals - we are planning to go to Brisbane, he is a plumber and it was on his work that we have been able to apply for the visa.
I have 2 kids from a previous marriage - they are currently 13 and 15 - I wanted to put them on the application but my ex refused to sign the form to say he had no objections so consequetly the application is just for the 2 of us. We are planning to go out to Brisbane in August and activate the residency but we will be coming back and I intend to stay here until the kids have finished their education (as I understand it we have upto 5 years before we have to take up permanent residence in Australia) this would mean they will be 18 and 20 if we delay the move until the maximum time span - my question is does anyone know if there would be anyway that I could get them residency once we are out there?? I really hope that they will come out with us initially either on a work visa or just a holiday visa, but if they decide they would like to live out there with us what would the chances be of getting them residency ??
could we sponser them??
it would be great to hear from anyone with any info - thanks
I wonder if anyone has any advice on the following
My husband and I are just about to get the request through for the police checks and medicals - we are planning to go to Brisbane, he is a plumber and it was on his work that we have been able to apply for the visa.
I have 2 kids from a previous marriage - they are currently 13 and 15 - I wanted to put them on the application but my ex refused to sign the form to say he had no objections so consequetly the application is just for the 2 of us. We are planning to go out to Brisbane in August and activate the residency but we will be coming back and I intend to stay here until the kids have finished their education (as I understand it we have upto 5 years before we have to take up permanent residence in Australia) this would mean they will be 18 and 20 if we delay the move until the maximum time span - my question is does anyone know if there would be anyway that I could get them residency once we are out there?? I really hope that they will come out with us initially either on a work visa or just a holiday visa, but if they decide they would like to live out there with us what would the chances be of getting them residency ??
could we sponser them??
it would be great to hear from anyone with any info - thanks
If your ex has parental rights then you need a court order or his consent. Age at visa decision is the critical point for assessing this.
Who do the children live with now and if they live with you, how do you plan to deal with things when you move to Australia?
If they live with you, do you have sole legal custody or not?
Jeremy
Jan 15th 2005, 12:51 pm
#3
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Thread Starter
Joined: Jan 2005
Location: HILLINGDON, MIDDLESEX
Posts: 39
Re: Can The Kids Come?
Originally Posted by JAJ
If your ex has parental rights then you need a court order or his consent. Age at visa decision is the critical point for assessing this.
Who do the children live with now and if they live with you, how do you plan to deal with things when you move to Australia?
If they live with you, do you have sole legal custody or not?
Jeremy
Who do the children live with now and if they live with you, how do you plan to deal with things when you move to Australia?
If they live with you, do you have sole legal custody or not?
Jeremy
the kids live with me but they will be 18 and 20 when we permanently live out there so parental rights will be irrelevant
Jan 15th 2005, 1:42 pm
#4
Retired
Joined: Apr 2004
Posts: 34,649
Re: Can The Kids Come?
Originally Posted by J_IMHOFF
the kids live with me but they will be 18 and 20 when we permanently live out there so parental rights will be irrelevant
You need to find out what parental rights the ex legally has. It varies from case to case - see a family law solicitor if unclear. But if he has custody or access rights then you need his consent or a court order - simple as that if child is under 16, if child is 16-17 it's a grey area and you'd need advice in writing from a solicitor on what local law says about children this age. In some countries parental 'rights' drop away at age 16 rather than 18.
Anyway, you need to clock up 2 years in Australia in the first 5 year period (otherwise things get complex for keeping your PR) so you won't have the full 5 year period. Three is closer to the mark.
Jeremy
