Question About Australia Visa For Step-Child

[Surin13]

Hi all,

I am going though the process at the moment of Partner Provisional (subclass 309) visa for my wife and step daughter, I have submitted application, but have hit a little bit of an issue in regards to my wife's daughter.

DIAC have asked us to get the father of the daughter to sign a form 1229 Consent to grant an Australian visa to a child under the age of 18 years.

Now the wife never married the daughters father and she has not seen him and he has not wanted to see or support the the child since she was 3 months old. I supplied a Phor Khor 14 from the local Amphur, stating this and saying they checked the records to confirm this and they don't recognise the father listed as the illegitimate father under Thai law

Anyway when I questioned DIAC on it, stating under Thai law that the father has no legal right over the daughter, and the Phor Khor 14 meets the requirements as stated on their website and forms, so why do we need to get the fathers permission when he has no legal right to determine where the child lives etc. I also pointed out to them that they have already granted a tourist visa to the daughter and she is already in Australia anyway, even though they stated they need this form to grant any type of visa.

DIAC got back to me, but didn't address anything I really asked, but said that due the case load they get its a post requirement that we supply a form 1229 completed by the father. but under special circumstances the deciding officer may not require it.

Has anyone else run it this sort of issue?

and before you ask the father wont sign the form, not without a lot of money being paid (upwards of $500,000 baht), and not sure if that would even work.

[simple1]

I had a similar situation some years back & DIAC said they were aware of this type of situation in Thailand & residency visa was granted for my wife's son. With the paperwork for the Amphur wife stated she was unable to contact/locate the father and had two witness written statements who said she was the sole carer. Did your wife take the same approach? Translated & notarised copies were provided to DIAC.

Do not know if the regulations/criteria have since been tightened by DIAC.

[ThaiVisaExpress]

We have a case at the moment which again they want the form signing but the father wont sign it .

[Surin13]

Yes same approach, went to the local Amphur with the village head (Phu Yia Ban) and the second in charge. The Amphur spent a bit of time questioning them, the wife and the MIL.

As far as DIAC documentation is concerned based on there websites and forms this is all that is required, just been confused about it all when the case office asked for the father consent form.

Going on the case officers email about it, I think they haven't read the application that well, and just asked for this information as its the normal thing they do, as when I questioned them the first time about it they came back with generic response that they were making sure they were not contravention of Australia’s international obligations in relation to the prevention of child abduction.

When I pointed out that the information I supplied meets there published requirements (backed up with references) and the fact the thai government had no issue in granting a passport and they themselves granted a tourist visa based on the form.

I asked what happens if I can't get the form signed and they replied with a email saying that However, occasionally, there are instances where the consent of the non-migrating parent cannot be obtained and the applicant is therefore requested to provide a statement outline the facts?

I think the case officer just hasn't really read the application that well, as they asked for a few other things that I had or ready covered or were part of the application.

I was just wondering what other people's experience has been with this.

[Surin13]

We have a case at the moment which again they want the form signing but the father wont sign it .

I asked them what will happen if the other parent doesn't sign, but they didn't answer that.

I know that you can get a court order in other country's saying that the parent has sole custody, but according to Thai law my wife already has sole custody! So it would be hard to get a court order for something she already has.

I find it odd ( and something I pointed out to them) that DIAC would require someone with no legal right and not even recognised as the legal father under Thai law to sign the consent.

[David Mault]

I had the same thing happen to me 12 years ago. I had already returned to Australia at the time. My sister in law took the village headman to the Amphur and he guarenteed that the father had not been seen since the child had been born and that the father had never given any money to the mother to look after him. The son involved has lived in Australia for 12 years now and is now 18 years old doing his high school certificate. Infact my wife only wanted to bring the older daughter to Australia at the time and it was a Thai official from the Australian Embassy who told us what to do and that it would be better for both the children to go to Australia at the same time otherwise I would have had to pay for another visa application for the son which would have been expensive.

[simple1]

OP: Sorry for some reason cannot use quote function. Is DIAC under the impression that father is contactable?

[Surin13]

Yes they are, he can be contacted though his family as he lives in the same village as my wife's family. Although she hasn't seen him for three years, a few months ago when we were there he made threats to kill us. Ever since she left him, he has made these threats, her family has been so concerned that they don't like her coming back to the village much. Her daughter has been there the whole time but he has never wanted to see her, and doesn't give a damn about her.

[comserve]

Reading this thread leaves me with not much confidence of our plans.

We have brought up my wife's grandson from birth. His mother works in the spa of a large hotel down south. I am Australian.

My wife & I have been planning to shift to Australia in the next 12 months and take the 4 y/o with us.

Both his mother & his birth father (they are not married) would agree to that, but it sounds as though it would be near to impossible to do this.

Do you think that a professional would be able to obtain such permissions?

[sfbandung]

We are in the process of applying for Permanent Residency for my wife and stepson (through the Australian High Commission in Port Moresby). Initially exactly the same problem, blind insistence on contacting the father, whose whereabouts are unknown and my wife and her family want nothing to do with him.

We told them this and that the Thai authorities were happy to issue a passport based on a Phor Khor. We have now been told that they want to see a translated Thai Court Order saying she has sole custody and that will suffice.

[jocko]

Yes same approach, went to the local Amphur with the village head (Phu Yia Ban) and the second in charge. The Amphur spent a bit of time questioning them, the wife and the MIL.

As far as DIAC documentation is concerned based on there websites and forms this is all that is required, just been confused about it all when the case office asked for the father consent form.

Going on the case officers email about it, I think they haven't read the application that well, and just asked for this information as its the normal thing they do, as when I questioned them the first time about it they came back with generic response that they were making sure they were not contravention of Australia’s international obligations in relation to the prevention of child abduction.

When I pointed out that the information I supplied meets there published requirements (backed up with references) and the fact the thai government had no issue in granting a passport and they themselves granted a tourist visa based on the form.

I asked what happens if I can't get the form signed and they replied with a email saying that However, occasionally, there are instances where the consent of the non-migrating parent cannot be obtained and the applicant is therefore requested to provide a statement outline the facts?

I think the case officer just hasn't really read the application that well, as they asked for a few other things that I had or ready covered or were part of the application.

I was just wondering what other people's experience has been with this.

You seem to.have done everything correct sounds like you have come against a fussy case officer

I am all for governments to be strict but the door should be open for genuine immigrants

Good luck

[Surin13]

Reading this thread leaves me with not much confidence of our plans.

Comserve, you shouldnt have too many issues with your plans, as long as the parents are willing to give permission for the child to be bought to Australia.

You will need prove the grandchilds relationship to you/your wife, dependency on you and your wife and evidence they live in your household and have been dependent on you for at least the last 12 months

If you look at the here it explains what is needed. http://www.immi.gov.au/migrants/partners/partner/309-100/evidence-of-dependency.htm

The dependent must also be included on your wifes application as its seems they can not be added later.

[Surin13]

We are in the process of applying for Permanent Residency for my wife and stepson (through the Australian High Commission in Port Moresby). Initially exactly the same problem, blind insistence on contacting the father, whose whereabouts are unknown and my wife and her family want nothing to do with him

I am getting that blind insistence from them also, even though I pointed out according to all their own documentation, we have met the requirements.

We told them this and that the Thai authorities were happy to issue a passport based on a Phor Khor. We have now been told that they want to see a translated Thai Court Order saying she has sole custody and that will suffice.

They told us that we must get this permission from the father to have any visa granted for the child to come to Australia. I then pointed out that the child was already granted a visa (tourist) and was already in the country! they didn't respond to this point.

I also pointed out the same thing as you, that the Thai authorities were happy to issue a passport on the same Phor Khor, and as far as the Thai government was concerned the mother has full and sole custody.

I dont know you go about getting a court order in Thailand saying that the mother has sole custody, when she already does.

How do you ask the court to grant you something you already have?

[sfbandung]

We are in the process of applying for Permanent Residency for my wife and stepson (through the Australian High Commission in Port Moresby). Initially exactly the same problem, blind insistence on contacting the father, whose whereabouts are unknown and my wife and her family want nothing to do with him

I am getting that blind insistence from them also, even though I pointed out according to all their own documentation, we have met the requirements.

>We told them this and that the Thai authorities were happy to issue a passport based on a Phor Khor. We have now been told that they want to see a translated Thai Court Order saying she has sole custody and that will suffice.

They told us that we must get this permission from the father to have any visa granted for the child to come to Australia. I then pointed out that the child was already granted a visa (tourist) and was already in the country! they didn't respond to this point.

I also pointed out the same thing as you, that the Thai authorities were happy to issue a passport on the same Phor Khor, and as far as the Thai government was concerned the mother has full and sole custody.

I dont know you go about getting a court order in Thailand saying that the mother has sole custody, when she already does.

How do you ask the court to grant you something you already have?

We are talking to a lawyer about it right now. We are back in Thailand for Songkran and will have more evelopments then. Message me and I'll keep you posted ...