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complicated child issue

complicated child issue

Old Mar 31st 2006, 3:22 am
  #1  
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Default complicated child issue

Hi. I am looking for some advice

My son is a permanent resident and recently his UK girlfriend came over on a working visa.

During that time she became pregnant and gave birth to a baby girl.

After that they started the process of getting a de facto visa so that the girlfriend could stay in Australia

Unfortunately, the relationship broke up and she has returned to the UK with the baby.

Now she would like to return and my son would like regular visiting rights to see his daughter. They do not want to live together

Does anyone have any ideas as to what is the best route to take so that both of them get what they want

Thanks
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Old Mar 31st 2006, 4:29 am
  #2  
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Default Re: complicated child issue

Originally Posted by swst
Hi. I am looking for some advice

My son is a permanent resident and recently his UK girlfriend came over on a working visa.

During that time she became pregnant and gave birth to a baby girl.

After that they started the process of getting a de facto visa so that the girlfriend could stay in Australia

Unfortunately, the relationship broke up and she has returned to the UK with the baby.

Now she would like to return and my son would like regular visiting rights to see his daughter. They do not want to live together

Does anyone have any ideas as to what is the best route to take so that both of them get what they want

Thanks

Correct me if I'm wrong (i'm sure someone will) but if all this happend 9 months + ago your son must have been here for a while? Would he not then be entitled to Aus Citizenship? would the child not then be Australian by decent so the child would have a right to be here and would this not speed up things for the Ex?
I'm sure there are much more complicated things going on in this and I am not saying become Australian unless he intends to be Australian but just a thought. Need to get advice from the correct sources I would imagine have they tried an agent?

Louise
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Old Mar 31st 2006, 4:34 am
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Default Re: complicated child issue

Louise
Thanks.

yes we have been in Aus for 2 years next month..

We are trying to find a way for my sons ex to live premanently in Aus so that he can get visiting access to his daughter
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Old Mar 31st 2006, 10:51 am
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Default Re: complicated child issue

Originally Posted by swst
Louise
Thanks.

yes we have been in Aus for 2 years next month..

We are trying to find a way for my sons ex to live premanently in Aus so that he can get visiting access to his daughter
I would speak to an agent although I doubt there are that many options. If they are not living together and do not want to be in a relationship together then the only route open to her, I would think, is to come across as a skilled worker. I would not suggest her coming on a prospective spouse visa and having a marriage of convenience as if the authorities find out he could find himself without his PR. If he wants to spend time with his daughter he may have to make a tough decision and decide if he is willing to move back to the UK or not see his daughter as frequently. Tough call.

Darren
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Old Mar 31st 2006, 10:16 pm
  #5  
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Default Re: complicated child issue

Originally Posted by swst
Hi. I am looking for some advice

My son is a permanent resident and recently his UK girlfriend came over on a working visa.

During that time she became pregnant and gave birth to a baby girl.

After that they started the process of getting a de facto visa so that the girlfriend could stay in Australia

Unfortunately, the relationship broke up and she has returned to the UK with the baby.

Now she would like to return and my son would like regular visiting rights to see his daughter. They do not want to live together

Does anyone have any ideas as to what is the best route to take so that both of them get what they want

Thanks

First things first:

1. As your son is a permanent resident and the child is born in Australia, the child should be an Australian citizen. It's necessary to lodge form 119 with the Australian High Commission in London to prove this:
http://www.immi.gov.au/allforms/pdf/119.pdf
http://www.australia.org.uk

Child should have a British passport too: http://www.passports.gov.uk


2. The immigration situation is more complex. There's no straightforward visa for the mother of a minor Australian citizen to live in Australia, however you should get some good professional advice on the options that may be available. Peter Bollard in Sydney might be able to advise (for a fee): http://users.bigpond.net.au/onk/

As part of this, what happened to the de-facto visa. Was it granted, or did the relationship break up before that?


3. Is your son eligible for Australian citizenship? If so, he should apply as soon as possible.



I'd recommend you also post this on the immigration forum.
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