Dependent visa for Minor child

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Dependent visa for Minor child


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  #1 (permalink)  
Old 12-11-2020, 12:28 PM
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Dependent visa for Minor child

Hi
I am Australian citizen (sponsor) and my wife and step son are visa applicant for 309/100 visa

As per family court order in India, she got full custody without visitation rights.

Now CO requested (after 18 months) to submit new court order from same court stating below
you or someone authorised to act on
your behalf will have to approach the same Family Court in India which awarded you custody
of your child to seek permission to remove your child from his home country permanently.
Kindly ensure that the order issued by the court should permit your child ‘to travel and live
in Australia permanently’ with you as we will require this specific advice to be able to grant
him a permanent visa.


we have get above order with 28 days but our lawyer advised that due to covid 19 issue court functioning is limited and also told principal Judge position is vacant in family court so hard to get order within period

Can you someone advise why CO request new order though my wife have full custody without visitation rights for child and what will be case if not able submit new order with 28 days

Note that we have been advised that we can not file urgent petition in high court as well since as per request order should from same family court in india


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Old 12-12-2020, 12:01 AM
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Quote:
Can you someone advise why CO request new order though my wife have full custody without visitation rights for child
They do it, because they can.

This might help you

4015 The Minister is satisfied of 1 of the following:
(a) the law of the additional applicant's home country permits the
removal of the additional applicant;
(b) each person who can lawfully determine where the additional
applicant is to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child
order in force in relation to the additional applicant.
4016 The Minister is satisfied that there is no compelling reason to believe
that the grant of the visa would not be in the best interests of the additional
applicant.
4017 The Minister is satisfied of 1 of the following:
(a) the law of the applicant's home country permits the removal of the
applicant;
(b) each person who can lawfully determine where the applicant is to
live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child
order in force in relation to the applicant.
************************************************** *******************************
Note the 1 of

A letter from the court registry stating that the order you have is still in force might solve your problem.

FreddoBee and 14june2019 like this.
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Westly Russell
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pinoyau.com

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Old 12-12-2020, 05:31 AM
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Thanks for reply
we have applied petition in court to get specific advice so we requested case officer for extension period to submit new order
However our current issue whether CO will provide extension or will make decision without considering our request
if CO provide extension how many days will we get?
Thanks
Hari


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Old 12-12-2020, 05:02 PM
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Quote:
Originally Posted by 14june2019 View Post
Thanks for reply
we have applied petition in court to get specific advice so we requested case officer for extension period to submit new order
However our current issue whether CO will provide extension or will make decision without considering our request
if CO provide extension how many days will we get?
Thanks
Hari
If you have explained the situation fully and provided some evidence that you have made the application, this should be acceptable to the Department.

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Registered Migration Agent 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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Old 12-12-2020, 10:16 PM
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I agree.............

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