Is there a visa for this situation???

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Is there a visa for this situation???


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 10-15-2009, 01:06 PM
 
Join Date: Oct 2009
Posts: 2
Please update your flag here .

Is there a visa for this situation???

Hi, Tricky situation here and wondering if there is a visa to help!

I am the Australian mother of a three year old born in Australia. My little guy's dad is a USA citizen. Is there a visa that allows my son's father to live in Australia so that we may share custody and parenting rights of our boy? I'm trying to do the best thing for my son, but it doesn't seem to me as if there is any kind of visa for this circumstance. I would be willing to sponser his father if it meant my son could have both parents in his life.

Thanks,
Honey


  #2 (permalink)  
Old 10-15-2009, 04:37 PM
 
Join Date: Jul 2009
Posts: 228
Please update your flag here .

44 likes received
Hello honeygirl

That is a tricky situation and while i don't have a direct answer for you, my firt thought was that you should call immigration and either get an appointment to talk to someone face to face (if you are in australia) or just have a long chat with one of the representatives on the phone.

I think that there should be someway of getting your son's father there--he might have to go a different route, as in a work permit which are taking a long time to process at the moment due to the economic crisis. The thing is though, I do believe that since your son is australian, despite the fact that he is only three years old, as an australian citizen he has the right to have his father in the country, do you get what i mean? It's like if you and the father were still together--you as an australian citizen have the right to apply to bring your partner to the country....

I'm really not 100% sure about this by any means so i would strongly recommend you call immigration to find out what your options are. Like i said, the father may have to go the work permit route, which will take a while longer than other visas at the moment, but at least he will get there eventually to be in your boys life.

Call immi and maybe someone else on this board will have some advice for you too!

Good luck, let us know how you go!


  #3 (permalink)  
Old 10-15-2009, 06:14 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
elkitten, you been downing a few bourbons thinking of dressing up your sausage hound?

Unless I've not read right myself it should be a simple partner visa - Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)

It will of course depend on the relationship but they do have special considerations when there are children from a relationship.

If you on the other hand honeygirl have been in Oz the past few years and dad is in the US, then it will be trickier.

Maybe youcan advise a bit more on the situation.





Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 10-15-2009, 11:47 PM
 
Join Date: Jul 2009
Posts: 228
Please update your flag here .

44 likes received
pish posh!!! although i very much enjoy drinking burbons and dressing up sausage dogs (like clowns when i drink burbons, FYI) I read what she was writing as....

That she and the father of the boy were no longer together...i read the words "share custody and parenting rights" and assumed that that meant that they weren't together anymore..hence the "tricky" situation...

hmmmmmmmmmm

Gee i hope i read it right, otherwise that above is the single worst advice i have ever given! heeheee

Anyhoo vodka and dressing up the dog as a pumpkin time (clown suits are only for when i drink burbons) =) heeheee


  #5 (permalink)  
Old 10-16-2009, 12:43 AM
 
Join Date: Oct 2009
Posts: 2
Please update your flag here .

Thanks for your replies.

Interestingly, the father and I are on good terms and there is a possibility there for further relationship development however, he resides in the US and I have been living in Australia, so no co-habitation over a long period of time. We are older too - he is 52 and although he has many skills, I don't know that any of them would entitle him to migrate on skilled worker visas. I believe his age would also make the worker visa way tricky.

It's just such a hard situation. I can't move to the USA due to caring for a family member here. But my boy now realises that Mummies and Daddies are supposed to live in the same country at least, and he is suffering.

Thanks for your replies, and I'd be really interested to hear if you have any further input given more details.

Thanks,
Honey


  #6 (permalink)  
Old 10-16-2009, 02:22 AM
 
Join Date: Jul 2009
Posts: 228
Please update your flag here .

44 likes received
Hmmmmmmmmmmmm

I vote for calling immigration and seeing what your options are....by the sounds of it, you two are niether defacto or married, or planning on becoming engaged (right now) correct? I mean since there is a kid involved, immi can make special considerations for that.... I'm sorry i just assumed that the goal was to get him into the country so he could be part of your childs life and automatically skipped the partner visa as i assumed he wasn't your partner...

No co-habitation over a long period of time might not be a problem either since there is a child involved...but i mean do you consider him your partner?

O.K now ive confused myself-- can you apply for one of the partner visa's even if you are not technically partners/fiancee/boyfriend and girlfriend/husband and wife if there is a child involved? help us out wanderer!!!


Sorry if no big help =(


  #7 (permalink)  
Old 10-17-2009, 03:47 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Yep, I was just wondering whether a relationship was there elkitten but they were currently separated by all that ocean.

As elkitten says honeygal, you do normally need to have the evidence of a relationship for a defacto partner visa but the waiving I mentioned may be a possibility - Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) - a good one to talk to immi on as elkitten says - they are usually rather helpful and just a call away on 131881

It may come down to the nature of how long you were together, how long you have been apart and just how or if you want to attempt that, but follow the links through, have a read of Booklet 1 - Information Booklets - Applications & Forms - Visas & Immigration and see how you fit.

If there is a chance of a relationship, he could always come out on a tourist visa, extend it a bit etc. if money is not an issue and then you could either put in a partner visa application here or look at the parent visa if applicable re any other family he has.
Family - Visas & Immigration
And a big wait for the standard one, less time for a contributory parent visa but there could be an age barrier on that one.

At 52, he is already past the skilled visas maximum age re a PR but if here on a tourist visa he could hunt around to see if there was any chance of a 457 temporary residency employer sponsored visa but like all around the planet, people have been losing jobs, so chances are not high.





Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
856 Visa and situation pagla Visas and immigration 1 07-30-2011 01:09 PM
Spouse visa/complicated situation Menjiii Visas and immigration 4 07-01-2011 05:25 AM
Advise with visa situation pmminov Visas and immigration 1 04-19-2011 06:15 PM
De facto visa - difficult situation american Visas and immigration 6 10-02-2010 09:09 PM
Visa situation!Over 30 and want to travel. Laul Visas and immigration 2 10-20-2009 04:59 PM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 01:58 PM.




Powered by vBulletin®
Copyright ©2000 - 2021, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2021 DragonByte Technologies Ltd.
AustraliaForum.com