UK National with Australian child (separated from Australian partner)

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UK National with Australian child (separated from Australian partner)


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Old 06-12-2019, 12:23 PM
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Hi,

As above I am a 30 year old male U.K. national currently back in the U.K. having left Australia in 2016 after my 457 business visa expired.

Due to splitting up with my Australian partner at the time I wasn’t able to submit a de facto application to stay in the country.

I am looking to find out what options I have to return to Australia to be with my Australian daughter (5 years old).

I have been advised by immigration consultants in Australia that have said my daughter can’t act as a sponsor until she turns 18 years old.

They also mentioned there would be a possibility of going to Court to apply for some kind of Guardian rights but they didn’t seem to have much information on this. They said that possibly a Guardian of my child (Mother/Grandparents) could apply to act as a sponsor for me. Does anyone know what kind of visa this would be?

Other than gaining another sponsorship, does anyone have any idea on the best route or any other options available for me to return to Australia?

As a Father of an Australian child who needs her Father, surely there is some sort of option available to me?

Thanks


Last edited by UKNational2019; 06-12-2019 at 12:41 PM.

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Old 06-12-2019, 12:24 PM
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“Unable to apply for defacto”


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Old 06-12-2019, 12:26 PM
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Sorry it wouldn’t let me edit the post. My daughter is 5 years old and she can’t sponsor until she’s 18.


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Old 06-12-2019, 02:03 PM
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A sc. 143 contributory parent visa could be an option if there is an eligible relative or community organisation that can sponsor you. The sc. 143 visa takes about 4 years at the moment, so it is not a quick solution.

A skilled or employer sponsored visa may be more realistic if you are eligible.

There are no other options I am aware of.

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Old 06-12-2019, 05:47 PM
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Originally Posted by CCMS View Post
A sc. 143 contributory parent visa could be an option if there is an eligible relative or community organisation that can sponsor you. The sc. 143 visa takes about 4 years at the moment, so it is not a quick solution.

A skilled or employer sponsored visa may be more realistic if you are eligible.

There are no other options I am aware of.
When you say eligible relative, do you have an idea of what qualifies someone as eligible? Could my ex Partner act as this sponsor? Or potentially her Parents?

Also what would qualify as a Community Organisation? I haven’t heard of this option before.

Do you know if the sc 143 can be applied for onshore?
And would a bridging visa be granted to enable me to work and live in Australia?

Thank you for your reply.


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Old 06-13-2019, 12:50 AM
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143 visa can be applied for onshore or offshore, but can only be granted offshore. There is no bridging visa ( unless you are on a sc. 173 or retiree visa already).


Alternative sponsorship arrangements


You can sponsor a visa applicant on behalf of a child under 18 if you are:
an Australian citizen or Australian Permanent resident or an eligible New Zealand citizen, and
settled in Australia, and
18 years of age or older

You must be:
the child’s co-habiting spouse, or
the child's relative or guardian, or
a relative or guardian of the child's co-habiting spouse

Or your community organisation can sponsor an applicant where:

there is a relationship between the organisation and the applicant's child
a senior representative of the organisation agrees to sponsor the applicant
the organisation is lawfully established in Australia
the organisation has been actively operating in Australia for at least one year
the organisation can meet its financial commitments

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