Relationship Breakdown (resulted in child of relationship) securing PR 100

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Relationship Breakdown (resulted in child of relationship) securing PR 100


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Old 11-25-2017, 08:49 AM
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Exclamation Relationship Breakdown (resulted in child of relationship) securing PR 100

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My ex partner has withdrawn the sponsorship.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


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Old 11-25-2017, 09:28 AM
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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.


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Old 11-25-2017, 09:48 AM
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Originally Posted by ampk View Post
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.


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Old 11-25-2017, 09:56 AM
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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)


Last edited by ampk; 11-25-2017 at 09:59 AM.

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Old 11-25-2017, 10:17 AM
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Quote:
Originally Posted by anonim View Post
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.

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Old 11-25-2017, 10:27 AM
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Originally Posted by CCMS View Post
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


Last edited by anonim; 11-25-2017 at 10:29 AM.

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Old 11-25-2017, 11:08 AM
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I would not answer that on
a public forum


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Old 11-25-2017, 11:20 AM
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Quote:
Originally Posted by ampk View Post
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


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Old 11-25-2017, 11:20 AM
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Your best bet if you want to question Nick's knowledge on the matter is to contact him through the information in his signature.


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Old 11-25-2017, 11:53 AM
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Quote:
Originally Posted by anonim View Post
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!


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