Is Porkor14 Enough To Show Custody

[MaxOz]

My mate is applying for an Oz partner visa for his Thai wife.They have been married 2 years.

She has a 6 year old son whose real father has nothing to do with them both. They were never married.

The daughter is included in the application. Is a PorKor14 enough to show custody or is a court order needed.

Any help

[kunash]

from a UK perspective - if the wife and her ex were married, then on divorce, a '' kor ror 6 ''' would be issued showing who has custody. if custody of the child was awarded to the ex, then this can be changed at a later date, by the courts only, - if this is the case then a por kor 14 would be issued. (this shows sole responsibility / custody)

if they were never married, then i feel the wife would first need to go to the ampur, and ask what is needed. i believe she would need to have 2 witnesses who can act as references / guarantors - preferably a teacher or government officer. it would also be ideal, but not absolutely necessary, for the ex to attend. (maybe bung him a few thousand baht). i think once the application is successful a por kor 14 is issued (though as they didnt marry maybe this paper has a different name ). it is worth employing a good local solicitor - doesnt cost much and worth every penny. the solicitor can arrange the court dates.

edit: once a por kor 14 is granted, by the courts, this is all you need to show custody / responsibility (this is from a uk perspective ). also, i am presuming the child is living the wife and she has day to day care of him?

Edited November 1, 2011 by kunash

[MaxOz]

from a UK perspective - if the wife and her ex were married, then on divorce, a '' kor ror 6 ''' would be issued showing who has custody. if custody of the child was awarded to the ex, then this can be changed at a later date, by the courts only, - if this is the case then a por kor 14 would be issued. (this shows sole responsibility / custody)

if they were never married, then i feel the wife would first need to go to the ampur, and ask what is needed. i believe she would need to have 2 witnesses who can act as references / guarantors - preferably a teacher or government officer. it would also be ideal, but not absolutely necessary, for the ex to attend. (maybe bung him a few thousand baht). i think once the application is successful a por kor 14 is issued (though as they didnt marry maybe this paper has a different name ). it is worth employing a good local solicitor - doesnt cost much and worth every penny. the solicitor can arrange the court dates.

edit: once a por kor 14 is granted, by the courts, this is all you need to show custody / responsibility (this is from a uk perspective ). also, i am presuming the child is living the wife and she has day to day care of him?

Thanks Kunash..will tell him to start at the ampur.

[gburns57au]

http://www.immi.gov.au/allforms/booklets/1127.pdf

The link is to Booklet 1 partner migration

Go to the section "Including a dependent child in your application" there you will find the custody requirements.

On the face of it the PK14 is not enough

[ThaiVisaExpress]

Its generally one or the other Phor Khor 14 or a divorce certificate awarding the mother custody of the children.

[gburns57au]

Its generally one or the other Phor Khor 14 or a divorce certificate awarding the mother custody of the children.

PK14 is an Amphur office issued document

Oz Immigration requires:

A statement/Stat Dec fron the non custodial biological paremt.

A Court Order granting sole custody.

As the PK14 is not a court document then it doesnt meet the requirement.

In our case three PK14's from family and friends were supplied for the tourist visa for my stepson

Fortunately she was still in contact with the ex's father who helped get a statement from the ex allowing the child to come and live here . The PK14's were not acceptable for the 309 visa.

[kunash]

Its generally one or the other Phor Khor 14 or a divorce certificate awarding the mother custody of the children.

PK14 is an Amphur office issued document

Oz Immigration requires:

A statement/Stat Dec fron the non custodial biological paremt.

A Court Order granting sole custody.

As the PK14 is not a court document then it doesnt meet the requirement.

In our case three PK14's from family and friends were supplied for the tourist visa for my stepson

Fortunately she was still in contact with the ex's father who helped get a statement from the ex allowing the child to come and live here . The PK14's were not acceptable for the 309 visa.

I know this is about an australian application, and so i guess the the uk and australian procedures must be different.

from my personal experience, an ampur office can indeed issue a por kor 14 - but it is only temporary and grants custody for a maximum of, say, 6 months. the UK embassy does not accept this.

my wife, who was married to her ex, had to approach the thai courts, who issued her a por kor 14. there were no time restrictions on this. we had to wait 1 month for it to be issued, in case of a challenge to the decision.

as far as the uk embassy is concerned this showed custody, and was accepted. no other official papers were needed

[7by7]

I know this is about an australian application, and so i guess the the uk and australian procedures must be different.

Indeed they are; reading the various posts here it appears that obtaining a UK visa, in any category, is far easier, simpler and quicker than obtaining an Australian one!

With respect, Kunash, whilst I appreciate that you are trying to help, giving information about the UK requirements is not much use to someone who wants an Australian visa. Maybe it's better if we leave the responses to those who know more about Australian immigration than you or I.