Non-migrating dependent - future options

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Old Mar 1st 2007, 5:15 pm
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Default Non-migrating dependent - future options

Just wondering whether I should include my daughter (14) in my 136 application which has to be in soon as I'm nearly 45. She lives with her mother and stepfather and I still have regular contact with her. She has been to Australia twice with me already. She has expressed an interest in travelling and even living abroad when she is older.

I think to take her in the next few years (include her) would be a major upheaval for everyone especially for schooling and friends etc. and getting the ex to give me permission to take her may have its own problems also. I was wondering what options there would be say when she is 17, living in the UK as now and options when she turns 18 - in terms of me as a permanent resident visa holder - of sponsoring her either as a child or adult. How difficult would it be for me to sponsor her when she turns 18 or at 17?

Any comments appreciated

Cheers OP
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Old Mar 1st 2007, 8:49 pm
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Default Re: Non-migrating dependent - future options

Originally Posted by ozpotty
Just wondering whether I should include my daughter (14) in my 136 application which has to be in soon as I'm nearly 45. She lives with her mother and stepfather and I still have regular contact with her. She has been to Australia twice with me already. She has expressed an interest in travelling and even living abroad when she is older.

I think to take her in the next few years (include her) would be a major upheaval for everyone especially for schooling and friends etc. and getting the ex to give me permission to take her may have its own problems also. I was wondering what options there would be say when she is 17, living in the UK as now and options when she turns 18 - in terms of me as a permanent resident visa holder - of sponsoring her either as a child or adult. How difficult would it be for me to sponsor her when she turns 18 or at 17?

Any comments appreciated

Cheers OP
why dont you include her now, save on all the messing later - then when you both get grant she can do a validation trip for a bit (maybe during 6 week hol) and will have 5 yrs to decide if she wants to move out longer term???? just a thought. Tons easier than messing about when she is older as its more difficult when she is >18 and maybe not in full-time education.
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Old Mar 1st 2007, 8:52 pm
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Default Re: Non-migrating dependent - future options

Originally Posted by CathnPaul
why dont you include her now, save on all the messing later - then when you both get grant she can do a validation trip for a bit (maybe during 6 week hol) and will have 5 yrs to decide if she wants to move out longer term???? just a thought. Tons easier than messing about when she is older as its more difficult when she is >18 and maybe not in full-time education.
I was thinking the same. Sponsoring her later could be complicated. Maybe the OP should speak to a registered agent to make sure they know all the odds.
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Old Mar 1st 2007, 10:35 pm
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Default Re: Non-migrating dependent - future options

If she is included now and validates during the first year she then has until she is 19 to take up the PR visa.

Get your daughter on it and she may well join you.
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Old Mar 1st 2007, 10:45 pm
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Default Re: Non-migrating dependent - future options

Originally Posted by ozpotty
Just wondering whether I should include my daughter (14) in my 136 application which has to be in soon as I'm nearly 45. She lives with her mother and stepfather and I still have regular contact with her. She has been to Australia twice with me already. She has expressed an interest in travelling and even living abroad when she is older.

I think to take her in the next few years (include her) would be a major upheaval for everyone especially for schooling and friends etc. and getting the ex to give me permission to take her may have its own problems also. I was wondering what options there would be say when she is 17, living in the UK as now and options when she turns 18 - in terms of me as a permanent resident visa holder - of sponsoring her either as a child or adult. How difficult would it be for me to sponsor her when she turns 18 or at 17?
If her mother is willing to give permission for her to move to Australia permanently then she can be included on your visa application. She doesn't have to move then, but as long as she validates her visa the option will be open for 5 years.

Obviously, how feasible this will be is going to depend on how good the relationship between you and her mother is.

Alternatively, she could do medicals (she would be expected to do this anyway) and not be included on your visa application.

You could then sponsor for a child visa later on. Under current law, this is normally straightforward if a child is under 18 (provided child is still single) but once child turns 18, you have to prove financial dependency (to a high standard).

Laws could always change but that's the situation now.
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Old Mar 2nd 2007, 1:04 pm
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Default Re: Non-migrating dependent - future options

Thanks for the replies.

What would be required from her mother if I include my daughter in the application?
Would I have to try and arrange for her to visit a solicitor to do a stat dec saying she would allow her to leave the country? Is this all that is required by DIMA as I'm sure I read somewhere about custody/access arrangements.
If she wasn't included, and she decided she wanted to come when she was over 18, could I just sponsor her?

Thanks OP
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Old Mar 2nd 2007, 1:59 pm
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Default Re: Non-migrating dependent - future options

I am no expert but from what I have read and learnt on here if she wants to follow you in the future she will have to start her own application when she turns 18.

This would include all of the costs you are currently experiencing now and all of the forms etc. She would have to be able to pass the points requirement on her own but with you as a sponsor she would gain an extra 15 points for being a direct relative. This might be 10 but I am sure one of the resident experts will correct me.

It saves a lot of time and hassle for you both if your ex would do a stat dec of some description signed in the prescence of a solicitor giving you permission to put your daughter on your forms in case she may want to take up the PR visa in the future and before the 5 year expiry date comes.

Whatever the outcome your daughter will be required to undergo a medical so she may as well go on the forms if your ex agrees.
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Old Mar 2nd 2007, 8:40 pm
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Default Re: Non-migrating dependent - future options

Originally Posted by ozpotty
Thanks for the replies.

What would be required from her mother if I include my daughter in the application?
Would I have to try and arrange for her to visit a solicitor to do a stat dec saying she would allow her to leave the country? Is this all that is required by DIMA as I'm sure I read somewhere about custody/access arrangements.
If she wasn't included, and she decided she wanted to come when she was over 18, could I just sponsor her?

Thanks OP
have PMd you.
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Old Mar 4th 2007, 11:01 am
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Default Re: Non-migrating dependent - future options

Thanks for replies. I will approach the ex and try to be really nice, grovel, grovel etc..Don't think she would be willing to go see a solicitor though. Is there anything else required or any alternative to the ex having to do a stat dec with a solicitor?
Cheers OP
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Old Mar 4th 2007, 3:58 pm
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Default Re: Non-migrating dependent - future options

Originally Posted by ozpotty
Thanks for replies. I will approach the ex and try to be really nice, grovel, grovel etc..Don't think she would be willing to go see a solicitor though. Is there anything else required or any alternative to the ex having to do a stat dec with a solicitor?
Post #5 on this thread explains the options in as much detail as possible for an online forum. If still confused, you need professional assistance.
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