Ozzy dog

Can anyone help.

If you have moved from the UK leaving children under 18, does this mean that you have no Parental Rights?

Thanks in advance for any info.

Tracey

JAJ

Not necessarily ... what precisely are you trying to do?

Ozzy dog

Thank you for your response JAJ

My husbands daughter is visiting us from the UK (she is 15) for the first time, this has bought up many feelings and questions from her. Plus a sense of regret at having not accompanied us to Oz in the first place when we came 3 years ago. Long story short, nasty split between her mum and dad, mum very manipulative having moved hundreds of miles away from us when in UK. She has told child that her dad has no parental rights over her (goodness only knows what kind of conversation bought this statement about). Prior to her mother moving away from us she spent over half the week with us so very painful. No cooperation with contact of any type from mother, reluctantly and very passive aggressively 'allowed' her to visit.

Thinking of trying for Dependent Visa for her (if she wants this). She has expressed fear at facing mother with her decision. Poor kid feels very responsible for both parents feelings. I'm doing my best to reassure her that what every she chooses is OK.

Just carefully checking out our options with regards to this visa opportunity.

Thanks

Tracey

JAJ

When does she turn 16?

Ozzy dog

September 2008

JAJ

Your parental rights in the U.K. were not relinquished when you emigrated but you should be aware that DIAC will not grant a visa (for an under 18) without the other parent's consent unless the law of home country is observed.

And in the U.K. that would mean a court order if the other parent did not consent. At age 15, a court would probably listen to the child however.

However at age 16 as far as I can see, British children are generally free to make up their own mind about where they would like to live. You may wish to read the wiki article:
http://britishexpats.com/wiki/Child_...an_Immigration

Important question: Did she do medicals when you immigrated to Australia, if not then why not.

Ozzy dog

Important question: Did she do medicals when you immigrated to Australia, if not then why not.[/QUOTE]

JAJ,

No she did not because of the mother not cooperating, at the time we were able to submit to with application (as we front loaded at the time) documentation explaining her hostility and she did sign a letter saying she would not give her permission. Could she not just have a medical done for visa application?

Thanks Tracey

JAJ

Yes your daughter could have had a medical done and legally you could have taken her for medical without mother's permission as long as you had custody/access rights.

It makes the situation more difficult in terms of sponsorship, but not impossible.

Are you and your husband now Australian citizens?

I'd strongly recommend you get in touch with a good agent (eg George Lombard) to discuss your strategy, be prepared to pay for professional advice. Basically the window between 16 and 18 may be the right time to do sponsorship as you will need to prove financial dependency after age 18 but the fact she didn't do a medical complicates matters and it may well be advisable to have your Australian citizenship first.

Ozzy dog

Thank you JAJ.

We are citizens, I do think that we will use an agent as we did for the main application and our eldest Sons, thanks for all your help.

Tracey

JAJ

As you're Australian citizens then your position is a little more secure compared to if you were just visa holders.

You are lucky you did not emigrate to Canada as in the circumstances you describe the chances of sponsorship would be "zero" barring ministerial discretion.

Read the wiki carefully about the special position in British law of 16 and 17 year olds. It might be better to do the sponsorship closer to her 16th birthday. And you will need to explain carefully why she did not do a medical and be careful not to contradict anything you said earlier on. It might be an idea to get a copy of your old migration file under Freedom of Information regulations.

I would strongly recommend using a good agent because of the complexity of cases like this. George is one option, if you envisage applying to the AHC London then I'd also suggest Ian Harrop: http://www.ianharrop.co.uk