Aussie Permanent Visa for Thai Gf and her son

[Lifeon]

Hi All,

I am looking for advice for my girlfriend in relation to her trying to get residency for her son. Her son is half aussie (from a previous marriage).

We have spoken to the Dept here in australia and were given the run around, seems it might be in the too hard basket.

She was married to an Aussie guy, lived in Aussie, they decided to have a child, she went back to Thailand to have baby, sponsor for perm residency pulled by her ex. (shit happens). The boy is half aussie - DNA test proves it.

Both have been granted a 12 month visitor visa with the 8503 excluded - of which I have sponsored.

My questions are as follows:

1. Is her son entitled to australian residency/citizenship?

2. Would she also be granted residency to care for her son?

3. Who in immigration would deal with a case like this if any?

4. Has anyone had to deal with this situation before?

Legal advice we have been given suggests her son is entitled to come to Australia based on the fact that a child was concieved during her marriage to an Australian resident. Even though the marriage has broken down/dissolved her son should be entitled to live in Australia - and therefore she would also (as the sole provider and carer for her son - Aussie court orders state this)

Any advice, assistance would be greatly appreciated

[David48]

Could we start with ...

We have spoken to the Dept here in australia

What the Dept of immigration inform you?

Legal advice we have been given

Was that advice from an 'Immigration Lawyer?

If so, why do not proceed with an application using their services?

The boy is half aussie - DNA test proves it.

So, are you saying that the Father of the Child, who we presume is an Australian Citizen and the Father gave this sample of DNA willingly and can be contacted again to support the child's application for Australian Citizenship?

Both have been granted a 12 month visitor visa with the 8503 excluded - of which I have sponsored.

Is that a 12 month Multiple - Entry Visa?

What does '8503 excluded' mean? You have that 'No Further Stay' Condition ... or not have?

If it is a Multiple - Entry 12 month Visa what are your plans after the 1st 3 months of the visitation?

Has her son has an Australian Passport?

That should kick us off ...

[Lifeon]

Thanks David48

Dept advised that maybe a partner visa for her and I seeing as I have sponsored her and her son thus far. Dept also mentioned that there may be grounds for a PR visa issued to the child and mother as there was a child from the marriage (still looking into this); however pushed for the partner visa - which will take another 9 months - which if needs doing we will do it. My thoughts are that the child should be entitled to PR in Australia as he is half aussie.

Legal advice was not from an immigration lawyer, it was from her lawyer who is helping with other issues regarding the breakdown of the marriage

Court order was made for DNA testing due to the father not recognising the child as his. Father is a perm resident. Father will not support the childs application and wants nothing to do with the child it would seem.

12 month, multiple entry with "No Further Stay" removed (not have)

Plan after the 1st 3 month visit was to bring her child to Australia so the father could spend time with his child, however; this seems unlikely now, but we still wish to bring him to Australia .

Child has a Thai passport

[GrantSmith]

OP - can we have clarification on the Father's nationality and immigration status in Australia?

[David48]

OP - can we have clarification on the Father's nationality and immigration status in Australia?

Agreed.

You said that the 'Father is a perm resident.' ... of where? Thailand or Australia?

What is a little difficult are the assumptions, so best to write (to us) as a 10year old thinking that we nothing if the situation.

In relation to the Boys inalienable right to an Australian Citizenship (can not be refuted) ... the Father should be an Australian citizen. If the Father is Thai (Mother Thai also), but the boy is born in Australia, to my knowledge, then no rights are inferred upon the boy.

I've never had experience with a situation such as yours but, lot's of guys here have had experiences in parts of your issues and together we might be able to assist.

As for 'assumptions' ... when you said the mother and father of the child were 'married' ... was this as in a 'Ceremony' (Village) marriage, or an official Marriage? Same but different ... and majorly different legal consequences.

[Lifeon]

Thanks Guys,

Father is a permanent resident of Australia, from OS but unsure where, maybe UK

Official marriage done in Australia

So the father is a perm resident of Australia (not a citizen) and the mother Thai

[GrantSmith]

Unfortunately for the boy I dared say he has no claim to PR on the basis that his paternal father wants nothing to do with his son (presumably).

Unfortunately he's also 0% Australian. If anything he's half Thai, half British.

He might have a claim to UK citizenship based on the father..

Happy to be proven otherwise.

EDIT:-

http://www.immi.gov.au/migrants/family/child/102/

OP You, personally, could go down this path. If you felt so inclined.

Edited September 17, 2013 by GrantSmith

[krisb]

Reading between the lines...

Your both thinking using him to get her a permanent residence into Australia right? I've got a feeling it doesn't work quite like that. Anyhow without his dad to start the ball rolling, and if he's just walked out he's probably make that definitely not gonna help. This means it's just the mothers word. Has she got any proof? I'd say forget it. Uphill battle and costly. The lawyers probably said you have a case right? I bet they did.

Mate, if you want her/him in Australia permanently, partner visa is the way. Defacto, married, is the best bet.

Ps, DIAC aren't very good at giving info unless you ask the right questions.

[krisb]

I'm thinking...

Is the fathers name on the boys birth certificate?

Does your gf know any of the fathers relatives in Australia? Try hunting them down on Facebook or phonebook. Maybe the real father doesn't want to know but perhaps the fathers parents or fathers siblings would love to know the boy and willing to help.

Partner visa sounds easier to me than these long shots, but just trying to think of possibilities for you.

[Will27]

OP

Posts 6 and 7 above by GrantSmith and Krisb have pretty much nailed it.

In answer to your questions:

1. Is her son entitled to australian residency/citizenship? No for both.

2. Would she also be granted residency to care for her son? No

3. Who in immigration would deal with a case like this if any? Case officer from residence section ie Partner visa.

4. Has anyone had to deal with this situation before? It's not uncommon

Basically it's a stock standard partner application as Krisb says.

And as GrantSmith says, the kid ain't half Aussie at all.

BTW, I wouldn't bother with the s/c 102 visa. Just include the child onto the partner visa.

Good luck.

Will

[Lifeon]

Thanks Guys - great info

Grant - No, at this stage of the relationship adoption wont happen

Thanks Krisb - point taken, however; we are just looking at options. Just trying to sort through all the bullshit she has been told on what she can and cant do from friends lol

Cheers Will27 - so even though the father has residency he needs to be a citizen for the child to get residency??

If a court placed orders for the mother to have sole responsibility etc (removing it from the father) would that have any bearing on the situation?

Dont get me wrong, we are ok to go down the partner visa as she has one solicitor bill we need to pay and dont need another one.

[GrantSmith]

Lifeon - if the father wants nothing to do with the son, then unfortunately the son won't have any claim to PR.

If the father changes his mind, then it's possible. Otherwise British is probably all you can hope for, for anything other than his current citizenship...

As for the sole custody order - I'm guessing there's more to that order than just the magistrate awarding custody to the mother?

[krisb]

I think you need advice from an immigration lawyer on some of those questions. If the fathers not on the birth certificate then wouldn't the mother be the sole custodian automatically?

Get the partner visa, then after I think 6 years it is? They become citizens anyway. My wife is into her 2nd year of it and she works legally, gets Medicare, etc etc. Its the path to follow if your planning the long term.

Please keep in touch with any

updates ok.

Good luck.

[Will27]

Thanks Guys - great info

Grant - No, at this stage of the relationship adoption wont happen

Thanks Krisb - point taken, however; we are just looking at options. Just trying to sort through all the bullshit she has been told on what she can and cant do from friends lol

Cheers Will27 - so even though the father has residency he needs to be a citizen for the child to get residency??

If a court placed orders for the mother to have sole responsibility etc (removing it from the father) would that have any bearing on the situation?

Dont get me wrong, we are ok to go down the partner visa as she has one solicitor bill we need to pay and dont need another one.

No probs.

The child would have to be sponsored by the father and it sounds like it's not going to happen.

As long as your partner gets custody of the child, it wouldn't make much difference.

Just add to spouse visa.

[Lifeon]

Thanks guys.......we will try to ask some questions to some immigration....... lawyers..kaching kaching lol

[Will27]

Thanks guys.......we will try to ask some questions to some immigration....... lawyers..kaching kaching lol

I can't see how immigration lawyers can help at all. It's really nothing to do with immigration now.

Seems there may be concerns with custody issues. You should look in the sub-forum here:

http://www.thaivisa.com/forum/forum/164-marriage-and-divorce/

Mario2008 seems to be the guy to speak to. You've indicated you have a CO from Australia.

Before spending money on lawyers, I'd sort out the custody issue and then eventually go ahead with a

spouse visa application. Don't forget, as they do not have 8503 NFS condition, you can lodge both onshore

or offshore.

Also, once they get to Australia, I would lodge a claim with the Child Support Agency

http://www.humanservices.gov.au/customer/information/child-support-website

Edited September 19, 2013 by Will27

[Lifeon]

CO states responsibility of child is the mothers and the child to live with the mother.

[simple1]

OP: I'm a bit confused. Had PR already been granted to your GF? if so the husband cannot request the cancellation of her PR at his sole discretion unless he deliberately misinformed Immigration of the circumstances. Has this been cross checked with DIAC.

For the child to obtain a visa for Australia was a Por Kor 14 required & is the divorce now finalised?

[Will27]

OP: I'm a bit confused. Had PR already been granted to your GF? if so the husband cannot request the cancellation of her PR at his sole discretion unless he deliberately misinformed Immigration of the circumstances. Has this been cross checked with DIAC.

For the child to obtain a visa for Australia was a Por Kor 14 required & is the divorce now finalised?

From the OP post.

"She was married to an Aussie guy, lived in Aussie, they decided to have a child, she went back to Thailand to have baby, sponsor for perm residency pulled by her ex. (shit happens)."

So I assume they were on part 1 of the residency stage and the sponsor pulled the pin

and informed DIAC they have separated.

So she never had PR in the first place. In all likelihood, DIAC would've sent letters to her

(being the applicant) which she never received as she was back in Thailand.

[simple1]

OP: I'm a bit confused. Had PR already been granted to your GF? if so the husband cannot request the cancellation of her PR at his sole discretion unless he deliberately misinformed Immigration of the circumstances. Has this been cross checked with DIAC.

For the child to obtain a visa for Australia was a Por Kor 14 required & is the divorce now finalised?

From the OP post.

"She was married to an Aussie guy, lived in Aussie, they decided to have a child, she went back to Thailand to have baby, sponsor for perm residency pulled by her ex. (shit happens)."

So I assume they were on part 1 of the residency stage and the sponsor pulled the pin and informed DIAC they have separated.

So she never had PR in the first place. In all likelihood, DIAC would've sent letters to her (being the applicant) which she never received as she was back in Thailand.

OK... you are saying it was likely the Thai woman had not completed the initial two year period to be "upgraded" to PR

[Will27]

OP: I'm a bit confused. Had PR already been granted to your GF? if so the husband cannot request the cancellation of her PR at his sole discretion unless he deliberately misinformed Immigration of the circumstances. Has this been cross checked with DIAC.

For the child to obtain a visa for Australia was a Por Kor 14 required & is the divorce now finalised?

From the OP post.

"She was married to an Aussie guy, lived in Aussie, they decided to have a child, she went back to Thailand to have baby, sponsor for perm residency pulled by her ex. (shit happens)."

So I assume they were on part 1 of the residency stage and the sponsor pulled the pin and informed DIAC they have separated.

So she never had PR in the first place. In all likelihood, DIAC would've sent letters to her (being the applicant) which she never received as she was back in Thailand.

OK... you are saying it was likely the Thai woman had not completed the initial two year period to be "upgraded" to PR

Yep, I think so. In a lot of cases, the applicant usually does not know much about the procedures and just assumes

that the sponsor (husband) can cancel the application and have them deported, when that's not always the case.

The problem they can have is they leave Australia for a holiday and don't receive any correspondence from DIAC.

Without knowing all of the facts, this is just an assumption on my behalf though.

[Lifeon]

Thanks guys good feedback.

We don't want anymore lawyers involved, divorce finally will happen

She has just been here with me for 2 months and was the best 2 months I've had in a long time. Sure beats having a round eye as a misses.

Ill keep you posted, although probably in a different thread.

Once again the feed back was great, probably saved us thousands, now just have to deal with the whole getting married thingy

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[krisb]

Sure beats having a round eye as a missus???

Omg, we don't really appreciate that description mate. Thankyou.

[Lifeon]

Apologies to those that maybe offended

Point taken and fair bump, play on

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[Lifeon]

Well...thought i would put an update on here. Its now 2020. What a ride for those who are interested. Update as follows:

• Wife and I have been happily married and together for 8 years now.
• Sorted out all the legal stuff with her ex husband...we won.
• Moved the kids and her to Oz
• Wife and Kids now have perm residency
• My young fella (is an absolute little champion - 8 years old now - ill adopt him and have raised him as my own)
• The twin daughters..well that's a whole different show. Love em, but damn...typical teenage girls (now 16)
• Wife started a business in OZ -  did great
• Move forward 6 - 7 years, we now have moved back to Thailand, I got a gig OS FIFO.......been stuck in a country now for 2 months with no sign of getting out or back to Thailand.

Very Very Happy, Just thought id give a quick update, although the whole COVID thing has thrown a curve ball, but hey that's life

[OffshoreMig]

On 4/2/2020 at 3:08 PM, Lifeon said:

Well...thought i would put an update on here. Its now 2020. What a ride for those who are interested. Update as follows:

• Wife and I have been happily married and together for 8 years now.
• Sorted out all the legal stuff with her ex husband...we won.
• Moved the kids and her to Oz
• Wife and Kids now have perm residency
• My young fella (is an absolute little champion - 8 years old now - ill adopt him and have raised him as my own)
• The twin daughters..well that's a whole different show. Love em, but damn...typical teenage girls (now 16)
• Wife started a business in OZ -  did great
• Move forward 6 - 7 years, we now have moved back to Thailand, I got a gig OS FIFO.......been stuck in a country now for 2 months with no sign of getting out or back to Thailand.

Very Very Happy, Just thought id give a quick update, although the whole COVID thing has thrown a curve ball, but hey that's life

Congratulations and Thanks for the update: Based on what I have read, t if he has not already done so, the Child can claim Australian citizenship by decent. This might not be necessary as both the mother and child can apply for citizenship by conferral after four years (One year as a Permanent Resident) living in Australia