Seabird

Why not send the original marriage certificate? Do DIMIA asked for stamped copies instead then??

Claire.

jimtrish

all got to be certified copies, sent you a pm

JAJ

Don't rely on getting a response from the High Commission, and don't rely on any response you get being correct.

I would say it's *some* rather than *most* DIMIA officers who don't apply their own policies. This is based on anecdotal evidence.

Remember that the law and policy relating to child custody is complex, as are the facts of each specific case.

You really do need to use a *good* agent to draw all of this together and present clear evidence to the case officer that a court order should not be required.


Jeremy

Seabird

Thanks again, Jeremy

I note that DIMIA request evidence that I have sole responsibility for the child. It states this MAY INCLUDE a court order. So I'll trying going down this avenue. However, just found out that at the minute I can get legal aid, so may be simplest hust to go to Court. For others on here I will keep posting how it transpires.

I have yesterday written to the Combined Courts (Magistrates and County) in the county where I last knew he lived, who have offered to rake through their records to ensure that

1 He has never applied for a parental responsibility order
2 that I have never given him parental responsibility through an affidavit or other court-based means and
3 that there is no residence order in place for Sophie.

I also have solid support from the Child Support Agency who are drafting a letter detailing the efforts it has taken them to get money from him (because I was on tax credits) and how he has never in 5 years replied to a single letter they have sent. Anymoney they did take had to be done through detachement from earnings. I will be speaking to a solicitor on the 27th and making a Stat. Declaration that I have sole responsibility as a result of Section 3 of the 1969 Children Act that states that he has no responsibility unless he carries out steps 1 or 2 above, or that step 3 appies. Also be detailing this Act that has not been superceded by changes in December 2003 that now means fathers born to Children after that date have responsibility whether or not they marry the Mum.

Also can get letters from the Police stating that he is allowed no contact with his daughter ever because he really isn't a very nice person. Wondered whether this may give DIMIA the jitters though, and thought I'd hang on to this if I have to get a Court order. Would much rather not drag those sort of issues into the migration process as we're leaving all that behind.

Hopefully the High Commission will come back with something. JAJ, can I copy this message to the Immigration section as I feel it may be useful for others?

Off to work

Claire.

JAJ

Incidentally the High Commission don't do RSMS any more, as far as I know - unless you applied before 2 April you will need to apply to DIMIA in Australia.

It might be worth getting a solicitor dealing in family law in the UK to write a letter (to DIMIA) outlining the legal position and how your situation fits into it.

Jeremy

Seabird

Thanks, Jeremy

My thoughts exactly. Hence the appopintment at the Solicitors on the 27th.

You're right, the application has to go to the same centre that dealt with the nomination. However Adelaide Skilled Migration have sent me to the High Commission to answer the question of whether the decision to grant the visa to a dependent is based on English or Australian law, saying that this e-mail shouldn't have been sent to them. Go Matilda insisted that DIMIA make the decision based on Australian law which is contradictory to the statement given on the DIMIA website.

I'm a highly determined person and will get to the bottom of this!!

Thanks

Claire.

JAJ

I can't comment on what you were told without knowing the full details, but you can read the child custody requirements in Public Interest Criteria 4015-4018, contained in Schedule 4 to the Migration Regulations:
http://www.austlii.edu.au/au/legis/c...4227/sch4.html

For ease of reading, 4015 and 4017 say substantially the same thing, as do 4016 and 4018.

Note the use of the term 'home country'. There is more detail in DIMIA's policy documents, which are not available online.

----------

4015 The Minister is satisfied of 1 of the following:

(a) the law of the additional applicant’s home country permits the removal of the additional applicant;

(b) each person who can lawfully determine where the additional applicant is to live consents to the grant of the visa;

(c) the grant of the visa would be consistent with any Australian child order in force in relation to the additional applicant.

4016 The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the additional applicant.

4017 The Minister is satisfied of 1 of the following:

(a) the law of the applicant’s home country permits the removal of the applicant;

(b) each person who can lawfully determine where the applicant is to live consents to the grant of the visa;

(c) the grant of the visa would be consistent with any Australian child order in force in relation to the applicant.

4018 The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the applicant.

----------


Jeremy

Seabird

Thank you Jeremy (yet again).

That really helps as there is actually a quote I can use on the visa application if I need to. Out of interest, is it possible to get access to the immigration policies in hard copy should you ever need to?

Be pleased when this is ironed out, as with the exception of medicals everything else seems to be slotting into place. Believe it or not I'm trying to finish my PhD thesis at the same time as trying to immigrate and work! Need to submit thesis before I leave, especially as my salary at the University will go up once I've got the qualification! It also helps to speed things up to help me arrive at the job in a reasonable timeframe.

So your help has saved me a fair bit of searching, and potentially a fair bit of stress. Your time (always the most precious commodity) is very much appreciated.

Claire.