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Emigrating with Child

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Old Jul 19th 2005 | 7:20 pm
  #16  
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Default Re: Emigrating with Child

Originally Posted by JAJ
Every case is different but it usually boils down to:

1. They don't need permission from the other parent under UK law; and
2. Their case is presented so as to make this fact very clear to DIMIA.



Jeremy

Well if that's the case I just wish my agent had known that instead of putting me through the nightmare of having to contact my ex. At least you have made others aware of it.

Why don't these big migration agency companies know this ruling?

Tracey
 
Old Jul 19th 2005 | 8:30 pm
  #17  
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Default Re: Emigrating with Child

Originally Posted by JAJ
Every case is different but it usually boils down to:

1. They don't need permission from the other parent under UK law; and
2. Their case is presented so as to make this fact very clear to DIMIA.



Jeremy

I had permission and a Court Order under English law but it was not accepted under Australian law - according to Australia House solicitor - much to the disgust of my English and Australian lawyers.
I would go with whatever your agent says and get a Court Order

Andrew
 
Old Jul 19th 2005 | 11:47 pm
  #18  
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JAJ
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Default Re: Emigrating with Child

Originally Posted by andrew63
I had permission and a Court Order under English law but it was not accepted under Australian law - according to Australia House solicitor - much to the disgust of my English and Australian lawyers.
I would go with whatever your agent says and get a Court Order

Andrew
On the face of things, based on Australian law as quoted (which is quite clear) it *ought* to have been accepted.

Sometimes a DIMIA officer does not apply the law correctly. In cases like this, it's best to refer matters to his immediate superior (if direct negotiations don't work) or directly to DIMIA in Canberra. This does require knowing the policies (and UK laws) inside out.


Jeremy
 

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