[LadyBug14]

Hi everybody We are starting process of applying for skilled independent visa (189). My husband is main applicant, I'll apply as his partner. We have to children: one together, and one from my previous relationship. Everything in the rules is clear for me, but how should we apply for my son? He is not related to my husband, but we are married and living together. Can he apply as a dependent child?
I googled it but nothing relevant did show up.
Thanks for your help!

 

[wrussell]

You can include your child (aged under 18) as dependant on a 189.
To remove the child you would need the consent of the non-custodial parent.
If your child is 18 or older, or if consent is not forthcoming, I suggest you consult a registered migration agent for advice about strategy.

 

[LadyBug14]

Thank you for your answer! So, if non-custodial parent will not give me his consent, is it still a chance to take my son with us? I think he will give it to us, but thinking now about worse possible scenario..

 

[wrussell]

So, if non-custodial parent will not give me his consent, is it still a chance to take my son with us?

Yes.
May I suggest that you take professional advice about the Australian and local laws?