chapkenv

Do I need officially adopt my new partner's child for them to be considered my dependant?

I had sponsored my biological child and now ex partner in June 2016...She has been corrupted by benefits and welfare schemes and literally kidnapped my child

luckily i found another partner, but she has a child of her own

my query is does my new partners child automatically qualify as my dependant stepchild or do i need to officially adopt?

i also want to claim a waiver of the 5 year waiting period for a second sponsorship based on compelling circumstances?

kindly advise on these 2 queries

Pollyana

You don't have to adop the child but the other biol;ogical parent will need to give permission for the child to migrate to Australia.
Are you married to your new partner? If not, how are you going to show that they qualify for a partner visa?
You will need some extremely compelling circustances to get a waiver, they won't give you one just because your previous partner left you.

I would strongly advise you speak to a registered agent.

chapkenv

Thanks for your quick reply Pollyanna

​​​​well, i was hoping i could file it myself for the 300 prospective mv, with a stepchild present in the relationship

given that the prior application for defacto spouse. Visa 100 for the expartner and biological children, complicated though it was, went successfully for the major part due to the case studies and informed moderators present on this forum

Pollyana

Ah right, so going for the 300 you obviously don't need to meet the de facto requirements, so thats ok.

You may wel be able to complete it successfully without an agent, clearly thats your decision. I can't advise you, ony tell you what I would do in your place. You have two main hurdles to overcome - obtaining a waiver due to the previous sponsorship, and proving that the mother has the legal right to remove the child from their home country - is thefather still on the scene, does he have any access etc, that will all come into play.

Paul Hand

You have this the wrong way round - your new partner's child is included in the visa application on the basis they are a dependent of your partner not because of any relationship to you. You will need to make the application, and pay the application fee, before seeking the sponsorship waiver. If the waiver is not approved, the fee is non refundable. You do also have the issue that Pollyana raised of needing to demonstrate that there are no legal impediments to removing the child from its current jurisdiction.

Some professional advice on both these issues may save you in the long run. This situation is clearly more complex than your previous one.