slackbloke

Hi, does anyone know if it is possible to apply for a 175 visa for myself and then (assuming I get it) apply to add my family later?
I ask the question because, I as understand it, to take my step-son (aged 7) I need to have that sorted out legally first before applying. We believe we will have to go to court to achieve this. There is a scenario therefore where we could put both sets of familes through the pain, stress and financial burden of going to court, only to subsequent find the visa application is rejected.
Rejection is a possibility because I need points from an MOD which is fine now but if it takes a year to sort out the legal side, the MODL could have changed, thus removing the points.
Anyone any experience of this kind of situation or know if this is possible?

hereshoping

If you try to put them on later you would need a spouse visa for your husband and a dependents visa for all children. There would be many difficult questions asked about why they were not included initially.

I think you need to talk to an agent about the best route. Many people ahve had similar probs with step-children or absent parents, if you search you may find someone who can recomend an agent experienced in this area.

comet555

If you apply alone and your visa is granted it's final. There is no way to add anyone to it at a later date.

So you would need to put them on to begin with and sort of the legal stuff along the way. Definitely talk to an agent on this one.

JAJ

MODL points are now based on when you apply. Child custody criteria only need to be met when visa is decided.

Before you think about going to court, be very sure you do qualify for the visa on all other bases.

You say "both families". If child has a good relationship with other family, you need to ask yourself is it the right thing to do morally.

slackbloke

Could you clarify the point about child custody criteria? The DAIC webwsite says :

Custody requirement

If your application includes a child under 18 years of age and the child's other parent is not migrating with you, or there is any other person who has the legal right to determine where the child can live, you will need to provide:

* evidence that the law of your home country permits the removal of the child to Australia.
Example: Overseas court order granting you sole custody of the child
* evidence that each person who can lawfully determine where the child is to live consents to the grant of the visa. Such evidence must be either:
o a statutory declaration or a legal document signed by the child's other parent (or any other person who can lawfully determine where the child shall live), consenting to the grant of the visa
o evidence that the child's other parent is dead, such as a certified copy of the death certificate

I read that as meaning you have custody of the child before applying. Are you saying that is not the case?

JAJ

Once again. Child custody is date of decision, not date of application based.

Did you read the wiki article?
http://britishexpats.com/wiki/Child_...an_Immigration

If you will need to go to court, have you taken legal advice on whether you have any chance of winning?

slackbloke

Yes, I have just read it, thanks (I was basing my previous statement on responses to a previous thread I made on this matter and DIAC website - is there anywhere on DIAC that explains this?).
We have taken legal advice and have been told our case is about as good as it can gets - 95% chance (if that can mean anything).
Thanks this has put a whole new perspective on things.