Emigrating with Stepchildren - Destroying a family?
Feb 24th 2014, 12:12 pm
#31
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Re: Emigrating with Stepchildren - Destroying a family?
Ah! You could include the family argument but in the end it will be about proving that you (as the sponsor) are in fact eligible as a permanent resident (meaning you are usually resident in Australia). Everything else may help but it is not decisive, this means that your partner's family situation in Australia may help prove you have ties but you still need to show how that affects your status as usually resident in Australia.
With regards to custody, Australian regulations to apply for a partner visa require any child under 18 (this includes children that are 16) to prove that every person who has custody over the minor consents to the grant of the visa and that it would be in their best interest and that there is no law preventing the minor from leaving their country.
This means that even if your child is 16, if the other parent has custody they need to consent to the grant of the visa. I am unaware of UK family law so I don't know whether you would still need to obtain a court ruling to prove this but with regards to Australian regulations, you need to provide evidence that shows that either: 1. only one parent has custody and they consent or 2. if both parents have custody then both consent. This is valid for as long as the child is a minor (under 18).
Custodial issues can get messy and I would be very wary of making assertions without actually having documentation to prove this. The Case Officer will not be aware of UK legislation so they will need to see some sort of evidence to prove this requirement (which is usually a custodial order or some other form of evidence demonstrating that all custody holders agree to the grant of the visa).
Hence, I cannot advice whether it does make sense to wait until you are 16 because unless you then receive some sort of paper, you may find yourself still having to provide the same documents as if she was 10, 14 or 15.
In the end, you need to show that your application meets every single legal requirement and the arguments are only good for when there is a discretionary issue.
Cheers,
Claudia
With regards to custody, Australian regulations to apply for a partner visa require any child under 18 (this includes children that are 16) to prove that every person who has custody over the minor consents to the grant of the visa and that it would be in their best interest and that there is no law preventing the minor from leaving their country.
This means that even if your child is 16, if the other parent has custody they need to consent to the grant of the visa. I am unaware of UK family law so I don't know whether you would still need to obtain a court ruling to prove this but with regards to Australian regulations, you need to provide evidence that shows that either: 1. only one parent has custody and they consent or 2. if both parents have custody then both consent. This is valid for as long as the child is a minor (under 18).
Custodial issues can get messy and I would be very wary of making assertions without actually having documentation to prove this. The Case Officer will not be aware of UK legislation so they will need to see some sort of evidence to prove this requirement (which is usually a custodial order or some other form of evidence demonstrating that all custody holders agree to the grant of the visa).
Hence, I cannot advice whether it does make sense to wait until you are 16 because unless you then receive some sort of paper, you may find yourself still having to provide the same documents as if she was 10, 14 or 15.
In the end, you need to show that your application meets every single legal requirement and the arguments are only good for when there is a discretionary issue.
Cheers,
Claudia
Feb 24th 2014, 12:31 pm
#33
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Joined: Jan 2013
Posts: 35
Re: Emigrating with Stepchildren - Destroying a family?
Ah! You could include the family argument but in the end it will be about proving that you (as the sponsor) are in fact eligible as a permanent resident (meaning you are usually resident in Australia). Everything else may help but it is not decisive, this means that your partner's family situation in Australia may help prove you have ties but you still need to show how that affects your status as usually resident in Australia.
With regards to custody, Australian regulations to apply for a partner visa require any child under 18 (this includes children that are 16) to prove that every person who has custody over the minor consents to the grant of the visa and that it would be in their best interest and that there is no law preventing the minor from leaving their country.
This means that even if your child is 16, if the other parent has custody they need to consent to the grant of the visa. I am unaware of UK family law so I don't know whether you would still need to obtain a court ruling to prove this but with regards to Australian regulations, you need to provide evidence that shows that either: 1. only one parent has custody and they consent or 2. if both parents have custody then both consent. This is valid for as long as the child is a minor (under 18).
Custodial issues can get messy and I would be very wary of making assertions without actually having documentation to prove this. The Case Officer will not be aware of UK legislation so they will need to see some sort of evidence to prove this requirement (which is usually a custodial order or some other form of evidence demonstrating that all custody holders agree to the grant of the visa).
Hence, I cannot advice whether it does make sense to wait until you are 16 because unless you then receive some sort of paper, you may find yourself still having to provide the same documents as if she was 10, 14 or 15.
In the end, you need to show that your application meets every single legal requirement and the arguments are only good for when there is a discretionary issue.
Cheers,
Claudia
With regards to custody, Australian regulations to apply for a partner visa require any child under 18 (this includes children that are 16) to prove that every person who has custody over the minor consents to the grant of the visa and that it would be in their best interest and that there is no law preventing the minor from leaving their country.
This means that even if your child is 16, if the other parent has custody they need to consent to the grant of the visa. I am unaware of UK family law so I don't know whether you would still need to obtain a court ruling to prove this but with regards to Australian regulations, you need to provide evidence that shows that either: 1. only one parent has custody and they consent or 2. if both parents have custody then both consent. This is valid for as long as the child is a minor (under 18).
Custodial issues can get messy and I would be very wary of making assertions without actually having documentation to prove this. The Case Officer will not be aware of UK legislation so they will need to see some sort of evidence to prove this requirement (which is usually a custodial order or some other form of evidence demonstrating that all custody holders agree to the grant of the visa).
Hence, I cannot advice whether it does make sense to wait until you are 16 because unless you then receive some sort of paper, you may find yourself still having to provide the same documents as if she was 10, 14 or 15.
In the end, you need to show that your application meets every single legal requirement and the arguments are only good for when there is a discretionary issue.
Cheers,
Claudia
So basically we need the consent of her father??
Well thats it then will never happen in a million years that pretty much puts it to bed then.
Feb 24th 2014, 12:34 pm
#34
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Re: Emigrating with Stepchildren - Destroying a family?
There's some info about the relevance of turning 16 here.
Surely the fact a court order is NOT required in the UK after 16 means that we would just need to prove this part..
DIAC officers are not necessarily familiar with child custody laws in every non-Australian jurisdiction
If the law of your country of residence permits you to remove your child without any court order, then it is recommended to obtain a letter from a reputable local family law practitioner outlining local law and how it applies to your circumstances.
If the law of your country of residence permits you to remove your child without any court order, then it is recommended to obtain a letter from a reputable local family law practitioner outlining local law and how it applies to your circumstances.
Feb 24th 2014, 12:53 pm
#35
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Re: Emigrating with Stepchildren - Destroying a family?
Good link! As mentioned, I have to say that I am not familiar with family law in the UK (and chances are neither will your Case Officer be). If your country allows a minor to decide by herself where she would like to live without a court order then you need to prove it.
This would satisfy having to prove that "the law of the applicant's home country permits removal" but you still need to show that "each each person who can lawfully determine where the applicant is to live consents to the grant of the visa", "the grant of the visa would be consistent with any Australian child order in force in relation to the applicant" (which should not apply in this case) and that there are "no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant". Now, I know this is just legislation being copied here but I am doing so in order to demostrate what I am attempting to explain.
As mentioned before, you need evidence. This may be an affidavit, letter from a lawyer and an excerpt from legislation. Either way, you need to prove to the Case Officer that the minor meets these requirements. This means that if her parents have shared custody and they can both decide where she gets to live, then they both need to consent. If they do not get to decide once she turns 16 then you need to demonstrate this.
May sound like I am going around in circles, but you need to address all of these points and provide documents to satisfy the Case Officer (if you can adress the points without a court order based on your country's legislation then you can do this but you need convincing evidence!).
Claudia
This would satisfy having to prove that "the law of the applicant's home country permits removal" but you still need to show that "each each person who can lawfully determine where the applicant is to live consents to the grant of the visa", "the grant of the visa would be consistent with any Australian child order in force in relation to the applicant" (which should not apply in this case) and that there are "no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant". Now, I know this is just legislation being copied here but I am doing so in order to demostrate what I am attempting to explain.
As mentioned before, you need evidence. This may be an affidavit, letter from a lawyer and an excerpt from legislation. Either way, you need to prove to the Case Officer that the minor meets these requirements. This means that if her parents have shared custody and they can both decide where she gets to live, then they both need to consent. If they do not get to decide once she turns 16 then you need to demonstrate this.
May sound like I am going around in circles, but you need to address all of these points and provide documents to satisfy the Case Officer (if you can adress the points without a court order based on your country's legislation then you can do this but you need convincing evidence!).
Claudia
Feb 24th 2014, 12:59 pm
#36
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Re: Emigrating with Stepchildren - Destroying a family?
Good link! As mentioned, I have to say that I am not familiar with family law in the UK (and chances are neither will your Case Officer be). If your country allows a minor to decide by herself where she would like to live without a court order then you need to prove it.
This would satisfy having to prove that "the law of the applicant's home country permits removal" but you still need to show that "each each person who can lawfully determine where the applicant is to live consents to the grant of the visa", "the grant of the visa would be consistent with any Australian child order in force in relation to the applicant" (which should not apply in this case) and that there are "no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant". Now, I know this is just legislation being copied here but I am doing so in order to demostrate what I am attempting to explain.
As mentioned before, you need evidence. This may be an affidavit, letter from a lawyer and an excerpt from legislation. Either way, you need to prove to the Case Officer that the minor meets these requirements. This means that if her parents have shared custody and they can both decide where she gets to live, then they both need to consent. If they do not get to decide once she turns 16 then you need to demonstrate this.
May sound like I am going around in circles, but you need to address all of these points and provide documents to satisfy the Case Officer (if you can adress the points without a court order based on your country's legislation then you can do this but you need convincing evidence!).
Claudia
This would satisfy having to prove that "the law of the applicant's home country permits removal" but you still need to show that "each each person who can lawfully determine where the applicant is to live consents to the grant of the visa", "the grant of the visa would be consistent with any Australian child order in force in relation to the applicant" (which should not apply in this case) and that there are "no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant". Now, I know this is just legislation being copied here but I am doing so in order to demostrate what I am attempting to explain.
As mentioned before, you need evidence. This may be an affidavit, letter from a lawyer and an excerpt from legislation. Either way, you need to prove to the Case Officer that the minor meets these requirements. This means that if her parents have shared custody and they can both decide where she gets to live, then they both need to consent. If they do not get to decide once she turns 16 then you need to demonstrate this.
May sound like I am going around in circles, but you need to address all of these points and provide documents to satisfy the Case Officer (if you can adress the points without a court order based on your country's legislation then you can do this but you need convincing evidence!).
Claudia
The problem wont be providing the evidence that a 16 year old can decide who she lives with, my spouse has a great family lawyer and im sure there are countless docs she could provide us with.
The problem is from the Australian side, meaning all parties must consent. Wont happen in this case because (quite rightly imo) the Dad will certainly not consent. As I would in his shoes if im honest.
Feb 24th 2014, 1:06 pm
#37
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Re: Emigrating with Stepchildren - Destroying a family?
No problem. My last point of advice would be perhaps try and prove that the father cannot lawfully determine where she gets to live? Either way, I am afraid many family visas do get very caught up in family politics since they are usually a very emotional process for all involved (understandably so!).
I hope you are able to find a solution that keeps everyone happy for the time being!
Good luck!!
Claudia
I hope you are able to find a solution that keeps everyone happy for the time being!
Good luck!!
Claudia
Feb 24th 2014, 1:18 pm
#38
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Re: Emigrating with Stepchildren - Destroying a family?
No problem. My last point of advice would be perhaps try and prove that the father cannot lawfully determine where she gets to live? Either way, I am afraid many family visas do get very caught up in family politics since they are usually a very emotional process for all involved (understandably so!).
I hope you are able to find a solution that keeps everyone happy for the time being!
Good luck!!
Claudia
I hope you are able to find a solution that keeps everyone happy for the time being!
Good luck!!
Claudia
My partner has sole custody, that may help as well.
Feb 24th 2014, 2:25 pm
#39
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Re: Emigrating with Stepchildren - Destroying a family?
As a side note, if in the worst case scenario the following happens:
My travel period expires and I lose the right to re-enter under an RRV visa is there a possibility you can reapply for a temp or perm visa as a skilled migrant? I qualify for this due to my qualifications and job. In fact if I didnt already have my PR and my age wasnt against us it would be quite straight forward.
However I am 41 in in December and have been told you need to be 45 or under to qualify?
Is there any hope whatsoever of reapplying say in by the time I was 50 when my stepdaughter will be a fully grown adult just for myself, my spouse and my daughter?
I'm scraping the barrel now aren't I?
My travel period expires and I lose the right to re-enter under an RRV visa is there a possibility you can reapply for a temp or perm visa as a skilled migrant? I qualify for this due to my qualifications and job. In fact if I didnt already have my PR and my age wasnt against us it would be quite straight forward.
However I am 41 in in December and have been told you need to be 45 or under to qualify?
Is there any hope whatsoever of reapplying say in by the time I was 50 when my stepdaughter will be a fully grown adult just for myself, my spouse and my daughter?
I'm scraping the barrel now aren't I?
Feb 25th 2014, 12:35 am
#40
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Re: Emigrating with Stepchildren - Destroying a family?
Either way, I see no reason that evidence, in the form of a letter from a reputable family law practitioner explaining that U.K. law does not place any barriers to movement of 16 and 17 year olds, would not be accepted by any DIAC case officer. It is perhaps stating the obvious that the relevant (international) Hague Convention does not apply to children aged 16 or over, and this can easily be pointed out with supporting evidence.
Feb 25th 2014, 7:37 pm
#41
Joined: Jun 2002
Location: Cheshire, England
Posts: 743
Re: Emigrating with Stepchildren - Destroying a family?
Just to reiterate, be very careful about buggering up her education - even if sh arrives in time to start yr 11 (age 16) and gets a yr 12 score, she probably wouldn't be able to take that back to uni in UK without incurring international student fees. 18 with A levels is so much less risk on her part. She wouldn't, of course, see the implications, just the potential adventure.
Thanks
Feb 25th 2014, 7:45 pm
#42
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Re: Emigrating with Stepchildren - Destroying a family?
The following is from the University of Reading but it's the same for them all:
Definition of Home Student
Feb 25th 2014, 8:06 pm
#43
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Location: Cheshire, England
Posts: 743
Re: Emigrating with Stepchildren - Destroying a family?
Because being a non-resident citizen means nothing - you need to have been resident in the UK (or the European Economic Area) for a full three years before you attend, otherwise you're classed as an International student.
The following is from the University of Reading but it's the same for them all:
Definition of Home Student
The following is from the University of Reading but it's the same for them all:
Definition of Home Student
