[anonim]

I have a question.
Recently my relationship has broken down after i applied for PR 100 (second stage).

I am on Subclass 309 and my ex-partner is Australian citizen, and from our relationship we have a child born in Australia.

My ex partner has withdrawn the sponsorship.

What i did i hired an immigration lawyer, and submitted a legal submission to secure PR 100 due to that i have a child which i share custody.
Under cl.100.221(4)(c)(ii)(a) (search Google)

Now my question is has anyone here had a similar situation and was granted a PR visa?
Or anyone here an Agent or Lawyer had a similar case?

Thanks

 

[ampk]

You have a good chance of being eligible for PR. But I doubt "immigration lawyers", so I would consult a good Registered Migration Agent for advice and a response to the withdrawal of sponsorship - And your reply.

 

[anonim]

You have a good chance of being eligible for PR. But I doubt "immigration lawyers", so I would consult a good Registered Migration Agent for advice and a response to the withdrawal of sponsorship - And your reply.

Thanks for that.
I dont understand what you mean by " doubt ' immigration lawyers' "

What i wanted to say i hired an lawyer who is also an registered migration agent with MARA, however i still do not understand the difference.

I want to say that this lawyer(solicitor)/agent whatever you call it knows much more about immigration laws then my previous migration agent(mara agent) who was working on my subclass 309 and pr 100 second stage, she didn't know that i am eligible for PR if i have an born child which i share custody. And she didn't know about cl 100.221 of migration law.

SO i think there is a difference between immigration lawyer(solicitor) and registered immigration agent.

 

[ampk]

I will bet they are not one of the RMA's that often post on this site.

Some are also Migration Lawyers and very good but Lawyers in past and not sure now can just do migration as a thing attached to the title.

Exactly like towing a 35 foot caravan after you pass your P plates - it is all very legal and the theory is there - but practical is a bit rough to say the least.

That's a bad post, but not very wrong but don't know how to re word it. (blame the beer)

 

[CCMS]

I have a question.
Recently my relationship has broken down after i applied for PR 100 (second stage).

I am on Subclass 309 and my ex-partner is Australian citizen, and from our relationship we have a child born in Australia.

My ex partner has withdrawn the sponsorship.

What i did i hired an immigration lawyer, and submitted a legal submission to secure PR 100 due to that i have a child which i share custody.
Under cl.100.221(4)(c)(ii)(a) (search Google)

Now my question is has anyone here had a similar situation and was granted a PR visa?
Or anyone here an Agent or Lawyer had a similar case?

Thanks

I have dealt successfully with about half a dozen cases like this in the past year.

 

[anonim]

I have dealt successfully with about half a dozen cases like this in the past year.

Can you tell me more about your cases?
How much time did past since your submissions and the grant of PR based on child of relationship ( cl 100.221(4)(c)(ii) )

Have you had case where the case officer accepted a Statuary Declaration and Birth Cert (because there is no court order nor a divorce) under cl 100.221(4)(c)(ii)

because the Policy states :

If 100.221(4)(c)(ii) applies, a decision maker must have regard to Australian case law if a child of both the applicant and their Australian partner is involved. Departmental policy in relation to "custody" is that any parent will have custody unless there is a court order granting sole custody to the other parent.

Therefore, if an officer satisfied that a child is the child of the applicant and their Australian partner, the applicant has rights and responsibilities towards that child unless there is evidence of the applicant being denied any access to that child by a court or that the Australian partner has sole custody of that child.

Under policy, this means that, unless an officer has a particular reason to believe such evidence exists, they can accept a statutory declaration from the applicant to that effect. Although not a requirement under law, it may assist an officer if an applicant can provide other documents, such as a court order giving access, a parenting order or parenting plan that attests to their parental responsibility.

THANKS

 

[ampk]

I would not answer that on
a public forum

 

[anonim]

I would not answer that on
a public forum

Why not? Is it good thing to know the time frame of this particular cases, like people asking time-frame for visa decision cases

 

[Skybluebrewer]

Your best bet if you want to question Nick's knowledge on the matter is to contact him through the information in his signature.

 

[anonim]

I have a question.
Recently my relationship has broken down after i applied for PR 100 (second stage).

I am on Subclass 309 and my ex-partner is Australian citizen, and from our relationship we have a child born in Australia.

My ex partner has withdrawn the sponsorship.

What i did i hired an immigration lawyer, and submitted a legal submission to secure PR 100 due to that i have a child which i share custody.
Under cl.100.221(4)(c)(ii)(a) (search Google)

Now my question is has anyone here had a similar situation and was granted a PR visa?
Or anyone here an Agent or Lawyer had a similar case?

Thanks

Okay can we please go again to my main question/post above.
Thanks!

 

[CCMS]

1)You already have a migration lawyer, so why can’t they answer your questions?
2)Every case is different. What worked with others, may not work with you.There is no one-size-fits-all aoproach.There may be more to your case than just the child issue.
3)I wont discuss my clients’ cases with someone else and certainly not on a public forum.
4)I won’t share my professional experience and knowledge, other than some general information , for free. Happy to provide a paid consultation, but that would not be appropriate when you have already engaged someone else.

There may be others on the forum who went through this and are willing to share their personal experience with you. Just don’t rely too much on someone else’s solutions.

 

[ampk]

Times will vary greatly often on external matters to BIBP - they may wait for a custody ruling and how long that takes is just a guess.

It took almost 6 months for our DV hearing to be held.

 

[anonim]

Relationship Breakdown Resulted in Child (second stage pr 100) question

Hi, has anyone here secured PR 100 after your relationship breakdown based on that you have an Australian born child from your relationship, and you share custody under the Family Law.

If you would like to tell me more about your experience if you had one like this, I would appreciate it.

As I am now in this kind of procedure, it's so stressful and I want to hear some of your stories.

Thanks!

 

[CCMS]

Get a migration agent with relevant experience to sort it out for you and it doesn’t have to be stressful at all. I find that very few people who are in a situation like this are in the right mind space emotionally to deal with the legalities.