445 Visa For Australia

[myauq]

Hi all,

My fiance and I are sorting out a Dependent Child Visa for my fiance's daughter to come to Australia. She is from Myanmar, has a 309 provisional visa, and we currently live in Australia. Immigration said that they can postpone giving my fiance PR, until her daughter gets the visa.

First problem is that we have no information about the child's father - possibly dead, possibly in jail. We don't know, and don't want to find out, for good reasons. The child's primary carers are preparing the child to come to Australia, helping look after her until we get the visa, so there are no consent issues there. The visa requires that we submit information about the father though, so I suggested we write a couple of affidavits to explain the situation. Will that be OK?

Second problem is that, according to the goat-f%*cked law in Myanmar, the child needs the father's name to get a passport. So, we may have to fake this one and make a couple of payments under the table. But will having a fake (father's) name on the passport documents, which will be different from the information given to the Embassy, cause any problems?

Third problem is, and I'd say is more of a general one (that I gather most of us have from time to time) - getting someone to answer our frigging emails in a timely manner!

Any help or suggestions on these will be greatly appreciated - as always

Edited July 22, 2011 by myauq

[Turboadam]

"Second problem is that, according to the goat-f%*cked law in Myanmar, the child needs the father's name to get a passport. So, we may have to fake this one and make a couple of payments under the table. But will having a fake (father's) name on the passport documents, which will be different from the information given to the Embassy, cause any problems?"

At this point, you can't even imagine the problems that doing this might create.

Why wasn't the child included with the 309 app initially? (not that, that would have alleviated this issue).

Edited July 22, 2011 by Turboadam

[myauq]

"Second problem is that, according to the goat-f%*cked law in Myanmar, the child needs the father's name to get a passport. So, we may have to fake this one and make a couple of payments under the table. But will having a fake (father's) name on the passport documents, which will be different from the information given to the Embassy, cause any problems?"

At this point, you can't even imagine the problems that doing this might create.

Why wasn't the child included with the 309 app initially? (not that, that would have alleviated this issue).

We didn't have all the documents for her at the time, and the Embassy said that the best thing to do in our situation was to apply for the visa while in Australia, before PR is granted.

It's a catch-22. She needs her father's name for the passport. But without the correct, legally obtained documents, she may not be granted the visa.

[harrry]

"Second problem is that, according to the goat-f%*cked law in Myanmar, the child needs the father's name to get a passport. So, we may have to fake this one and make a couple of payments under the table. But will having a fake (father's) name on the passport documents, which will be different from the information given to the Embassy, cause any problems?"

At this point, you can't even imagine the problems that doing this might create.

Why wasn't the child included with the 309 app initially? (not that, that would have alleviated this issue).

We didn't have all the documents for her at the time, and the Embassy said that the best thing to do in our situation was to apply for the visa while in Australia, before PR is granted.

It's a catch-22. She needs her father's name for the passport. But without the correct, legally obtained documents, she may not be granted the visa.

See a lawyer. It may be possible to apply to an australian court and get an order that the requirement be fulfilled in other ways.

[myauq]

"Second problem is that, according to the goat-f%*cked law in Myanmar, the child needs the father's name to get a passport. So, we may have to fake this one and make a couple of payments under the table. But will having a fake (father's) name on the passport documents, which will be different from the information given to the Embassy, cause any problems?"

At this point, you can't even imagine the problems that doing this might create.

Why wasn't the child included with the 309 app initially? (not that, that would have alleviated this issue).

We didn't have all the documents for her at the time, and the Embassy said that the best thing to do in our situation was to apply for the visa while in Australia, before PR is granted.

It's a catch-22. She needs her father's name for the passport. But without the correct, legally obtained documents, she may not be granted the visa.

See a lawyer. It may be possible to apply to an australian court and get an order that the requirement be fulfilled in other ways.

Fourth problem - no money (it's all getting sucked into getting the docs from Burma). But we may go and see a community-service type lawyer. Not a bad idea harry.

[bridge]

I am dealing with the same problem now with regards to a 445 application. Is a nightmare.

[myauq]

I am dealing with the same problem now with regards to a 445 application. Is a nightmare.

In Thailand?

[bridge]

I am dealing with the same problem now with regards to a 445 application. Is a nightmare.

In Thailand?

Yes in Thailand.

[7by7]

Second problem is that, according to the goat-f%*cked law in Myanmar, the child needs the father's name to get a passport. So, we may have to fake this one and make a couple of payments under the table. But will having a fake (father's) name on the passport documents, which will be different from the information given to the Embassy, cause any problems?

Of course it's going to cause problems; it's fraud!

Apart from any problems with the Myanmar authorities attempting to obtain a passport through fraud may bring, if Australian law is in anyway similar to UK law then using this sort of deception in an attempt to obtain a visa could result in a lifetime ban from ever entering Australia; for both your wife and her child!

You are using the father's real name on the affidavit for the embassy; why can't you use the same for the child's passport?

Members are reminded that discussion about how to commit illegal activities is not allowed.

[myauq]

Second problem is that, according to the goat-f%*cked law in Myanmar, the child needs the father's name to get a passport. So, we may have to fake this one and make a couple of payments under the table. But will having a fake (father's) name on the passport documents, which will be different from the information given to the Embassy, cause any problems?

Of course it's going to cause problems; it's fraud!

Apart from any problems with the Myanmar authorities attempting to obtain a passport through fraud may bring, if Australian law is in anyway similar to UK law then using this sort of deception in an attempt to obtain a visa could result in a lifetime ban from ever entering Australia; for both your wife and her child!

You are using the father's real name on the affidavit for the embassy; why can't you use the same for the child's passport?

Members are reminded that discussion about how to commit illegal activities is not allowed.

We don't know the father's real name. He is a rapist. There was no consensual relationship with the father, and he tried to kill my fiance when she was 14 years of age during the rape, so we don't particularly want to know who he is either. But according to Myanmar law, and to a large extent social customs too, these kinds of things don't happen.

[myauq]

Sorry to be so frank, but I don't want to mislead anyone or commit a crime. At the same time we only want what is best for both the child, mother and our family in general.

[bridge]

Sorry to be so frank, but I don't want to mislead anyone or commit a crime. At the same time we only want what is best for both the child, mother and our family in general.

Myaug,

This is a situation where you should obtain expert advice, preferably from an Australian lawyer who specialises in immigration law. From what you have stated you appear to have two very big hurdles. The first being satisfying the public interest criteria relating to a child visa applicant where consent is an issue. The second being obtaining a passport for the child. No doubt the location of Burma only magnifies your difficulties.

I also suggest perhaps contacting the Immigration Advice & Rights Centre who are located in Kent Street, Sydney. I am sure you will find them very helpful.

Good Luck

Bridge

[harrry]

If she could go to the Family Court of Australia she may get Full Custody of the child. Despite what some people deservedly think of the Family COurt they can in fact be rather more human than Foreign Affairs in relation to children.

If she has full custody it may help. The FCA can be used without a Lawyer if needed and is relatively cheap...THey eill work in the interest of the child.

[bridge]

If she could go to the Family Court of Australia she may get Full Custody of the child. Despite what some people deservedly think of the Family COurt they can in fact be rather more human than Foreign Affairs in relation to children.

If she has full custody it may help. The FCA can be used without a Lawyer if needed and is relatively cheap...THey eill work in the interest of the child.

Unfortunately I don't think the court would have jurisdiction with regards to this matter.

[harrry]

If she could go to the Family Court of Australia she may get Full Custody of the child. Despite what some people deservedly think of the Family COurt they can in fact be rather more human than Foreign Affairs in relation to children.

If she has full custody it may help. The FCA can be used without a Lawyer if needed and is relatively cheap...THey eill work in the interest of the child.

Unfortunately I don't think the court would have jurisdiction with regards to this matter.

If the mother is in Australia I believe it has jurisdiction in regard to custody I do not think permanent residence is required..

[myauq]

g'day all,

thanks for all your replies, and for the very useful pm's bridge .

we're getting some legal help at the moment, but also got an email from the yangon embassy saying that they'd accept some stat decs from my fiance and her family.

will keep you posted on the progress...

[myauq]

Hi again,

Just another quick update....

We've been contacting the embassy in regards to required documents, and they said that an affidavit from her and her mum explaining the situation surrounding her daughter's birth should be OK. That's helpful .

Last week we sent over AU$1000 for the family to get the Family Certificate which is required ID for the Australian Embassy. But unfortunately the office in Burma wanted my fiance (as the biological mother) to be there in person for issuing the certificate, so that ended up being a complete waste of money (most of it on travel to the remote office in the country). I asked the Embassy if we could provide all the other documents (i.e. birth certificate, school registration) instead. Haven't heard back from them yet. I explained about the difficultly of getting the Family Certificate (i.e. the cost and time) - do you think they will be understanding?

It also seems that she will need this Family Certificate to get her daughter the Burmese passport. So I said that my fiance would be prepared to drop everything in Australia and travel back to Burma, go to the office in the country, front up the money again and get this dam_n Family Certificate herself. And I asked the Embassy if they could make a decision on the visa first (i.e. based on evidence of maternal relationship, ability to support, best interests of the child, correspondences, health check, DNA tests, etc), so that we don't waste time waiting for it in Burma. Does that also sound reasonable?

But if her daughter cannot get a passport then I think it's going to be very difficult to get her out of the country right now. As far as the Family Court goes - do you think we could obtain custody, and put her on my (Australian) passport? I'm guessing that'll be unlikely. I don't suppose the DIAC would grant my fiance an Australian passport (not being a citizen yet) either so that she could add her daughter. They wouldn't do that would they?

It's tricky but hopefully we'll get some free legal advice next week, and email a couple of politicians for good measure.

Edited September 4, 2011 by myauq

[myauq]

I may be laughed down for suggesting this, but we were kind of hoping that the Embassy could give us special consideration to expedite the visa processing if we mentioned (quite truthfully by the way) that the child's primary care-giver (my fiance's mother) has suffered a major stroke. Seeing as her Grandmother died two years ago, and if my fiance's mum's health gets worse then the child will have to move across the country where we cannot keep in touch with her or send money for school fees. This will be a major set-back, and is certainly not in the immediate or long term best interests of the child.

Any chances of getting special consideration?

[Elwood62]

can always try but they dont have a heart so I have heard