lalala

Hi Guys - Hmm i was wondering who from you know anything about this problem that i might have in the future.I have a drink and driving criminal record in Italy so i will not be able to migrate in Australia becasue of this.But my daughtermight be going there with her mother and i plan to live wherever she is (my daughter that is) my question is - If my child gets taken in Australia by her mother (she is only 1 year and a half) have i got the right to live in Australia or migrate there because of my daugheter even tho i got a criminal record? Or if i entered Australia illegally and wanted to live there on the grounds of my dayghter beeing there would the immigration deport me? Please help me with some info on this or show me anysites with similar situations to this or any solicitors website who initialy they can give me free advice. Thank you alot

saraliz

Hi Lalala -

You may want to post this on the Immigration forum (it's below this one on the forum list) - there are probably more people there who can help

walaj

I am sure that other people with drink driving offences has not been the reason why they can not apply (you will still need to meet all the other criteria). If not, it certainly has been asked before. Also try a search on this and the immigration forum.

you will not get a visa just because your daughter is living there as you will not be part of the application that the mother of your child submits. However she does need your permission to take your daughter to Oz - but please consider your daughter in all of this as there have been many cases highlighted of the trauma on this forum where former partners are difficult/refuse permission.

Entering Austalia illegally is not a good idea which could lead you to having difficulty returning to the country for many years to come.

lalala

Thanks for the advice - as for her beeign able to take my kid without my permiton you are wrong on that as we have both parental responsibility which means if the kid is taken for more then one montha away from one of the parents who have parental responsibilitys the kid can be taken from the hague convetion people and returned to its previous residence,you are right i will not try to enter illegally as it is dengarous most of the times ie from indonesia by boats and paying smugglers and stuff.if anyone know of anyway plz let me know i dont care if i get stuck in oz .so .... anyone help with any sort of ideas - thanks again guys

tonyk38

If you apply for a visa for Aus and declare any spent convictions there's no reason you should have any problems.

lalala

hahaha as if

tonyk38

Why do you say that? I go by what I read, and that's what it says!!!!!!!!

If you don't declare it, then you have a problem!

Right, am I to assume that your 'drink driving' conviction is more than you are letting on are you just a troll?!!!!!

debbiemc

don't take this as red ,but, i was told by a reputable agent known to the forum that, if a child is migrating with one of the parents, then so long as the child is under 18, then the parent who has not migrated is eligable to migrate after 2 years of the child being resident in oz as they are still dependent!!

JAJ

Children under 18 are dependent on parents, but not the other way around (unless you're looking at a distinguished talent visa).

Having a child taken to Australia by an ex-spouse does not give any residence right to the non-custodial spouse unless they can qualify in their own right, or put together a sponsorship for a parent visa, which has its own rules.

Jeremy

JAJ

UK spent conviction legislation (or equivalent in any other country) does not apply to Australian migration.


Jeremy