Permision For a Minor to Visit Australia

[Chao Lao Beach]

I have failed after 14 attempts today to get to speak to a human at VFS or the Oz Embassy Imm folks, hey, at least I tried

Anyone know if we have ticked the boxes with what we have below?

Has anyone actually got the Amphur Office to make a statement giving permission for a child to travel to Australia ???

The Amphur Office says it is impossible, wife has a court order saying she is the sole guardian of the child and they say that is enough.

She also has a recent Por Kor 6 issued by the same Amphur Office, but they said it was ridiculous for the Amphur to start naming countries.

This Por Kor 6 letter basically says that the mother has sole custody as per the attached court order (number) with details of the child's surname change (to mothers maiden name).

A form 1229 is impossible as the biological farther abandoned the child a long time ago and I have been the farther for all intensive purposes

I dare say that the police would be much more interested in his current location than us, he has nothing to do with this child.

Below copy/paste Oz Visa Info we are addressing:

Applicants under 18 years of age

An original statement from an Amphur office (Thai Government District Office)

giving permission from the non-travelling parent/s or legal guardian/s for the child to travel to Australia;

or

Form 1229 (available from AVAC or the immigration website www.immi.gov.au)

signedby the non-travelling parent/s

If applicable, the following should also be provided:

A Por Kor 14 covering non-marital status of the applicant’s parents and the custodial

circumstances of the applicant;

or

if the applicant’s parents were married, their divorce certificate with memorandum

attached;

or

Court Orders stating the change of parental power over the applicant

Edited February 7, 2014 by Chao Lao Beach

[nightwatch]

Send an e-mail to the Australian embassy in Perth and Bangkok.(they will answer them!)

Perth deal with the child visa applications in Australia. but they can be most helpful with information, state your circumstances and what u want to know i have personaly found the Aus embassy in Perth to be very helpful.

My wife also has sole custody of her children( via court order) , but D.A.I.C. wanted the father to give written permmision for them to travel to Australia also.

We got in contact with their father and he went to the V.F.S. in Bangkok with them and signed ,the appropriate paper work.

I think that you will have to get court documents that state the children can leave Thailand and travel overseas if the father can not be contacted.

This may take some time.

Edited February 7, 2014 by nightwatch

[Showbags]

Visit...not live as in the heading.

I would imagine having sole custody there should be no issue.

Have the documents all translated and stamped at the ministry as correct etc and you'll be whistling dixy...or tie me kangaroo down sport.

[Surin13]

I think you are confused as to what you need, not helped by the wording use on the visa website.

The

An original statement from an Amphur office (Thai Government District Office) giving permission from the non-travelling parent/s or legal guardian/s for the child to

travel to Australia;

or

Form 1229 (available from AVAC or the immigration website www.immi.gov.au)

signed by the non-travelling parent/s.

This means that they want one of the above, the original statement from the Amphur office is they want the non-traveling parent to go to the Amphur Office give a written statement that they give permission for the child to travel and that statement is witnessed by the Amphur office.

or in instead of writing a statement the non-traveling parent can fill in the form 1229 and have it witnessed at the Amphur Office.

[Surin13]

Visit...not live as in the heading.

I would imagine having sole custody there should be no issue.

Have the documents all translated and stamped at the ministry as correct etc and you'll be whistling dixy...or tie me kangaroo down sport.

There is no difference between live or visit as far as DIAC is concerned. A form 1229 or written permission (witnessed at the Amphur) is requested for both types of visas

From the form 1229

Who should use this form?

Where children under 18 years of age intend to travel to Australia, their non-accompanying parent(s) or person(s) with parental responsibility (anyone who can lawfully determine where the child/children is/are to live) may be required to sign a consent form to give permission for the child/children to be granted an Australian visa for the purpose of travel to stay temporarily or permanently in Australia. If one parent, or person(s) with parental responsibility, has lawfully been made solely responsible for making decisions as to where the child/children is/are to live, then only that parent or person needs to sign the consent form.

Edited February 7, 2014 by Surin13

[nightwatch]

Visit...not live as in the heading.

My bad

Edited my post as it is a visitor visa.

[Surin13]

Just to add,

A Por Kor 6 letter may say that the mother has sole custody of the child but it wont say that they have sole parental responsibility (anyone who can lawfully determine where the child/children is/are to live) which is why you will most likely need a form 1229 or written statement from the father.

Sole custody and sole parental responsibility are not the same thing.

​The Thai court may also issue permission for the child to travel abroad if the father can't be found, but I am not versed in this procedure.

[nightwatch]

I would imagine having sole custody there should be no issue.

Have the documents all translated and stamped at the ministry as correct etc and you'll be whistling dixy...or tie me kangaroo down sport.

As Surin stated above..... " Sole custody and sole parental responsibility are not the same thing."

The Aus embassy take child visa's very seriously for good reason. This is why the same applies nevertheless if the application is for a visitor visa or permanent visa.

You are correct that everything should be translated and certified, including all translations,but some form of official permmision will be required if the biological father is still alive and living before D.I.A.C. will allow the children to travel to Aus.

Edited February 7, 2014 by nightwatch

[simple1]

Visit...not live as in the heading.

I would imagine having sole custody there should be no issue.

Have the documents all translated and stamped at the ministry as correct etc and you'll be whistling dixy...or tie me kangaroo down sport.

There is no difference between live or visit as far as DIAC is concerned. A form 1229 or written permission (witnessed at the Amphur) is requested for both types of visas

From the form 1229

Who should use this form?

Where children under 18 years of age intend to travel to Australia, their non-accompanying parent(s) or person(s) with parental responsibility (anyone who can lawfully determine where the child/children is/are to live) may be required to sign a consent form to give permission for the child/children to be granted an Australian visa for the purpose of travel to stay temporarily or permanently in Australia. If one parent, or person(s) with parental responsibility, has lawfully been made solely responsible for making decisions as to where the child/children is/are to live, then only that parent or person needs to sign the consent form.

Thanks a generic statement. I understand that the Australian Embassy, in the OPs circumstances, will normally require a Kor Por 14 or at least would greatly assist. However as someone has already suggested send an email to confirm/clarify

Edited February 7, 2014 by simple1

[Chao Lao Beach]

How do you get a Kor Por 14 then ? (Wife Asleep who looks after this Amphor stuff)

Why the heck would the court give a sole custody document that couldn't be used for the child to travel abroad when even the police tried (Very Hard) to find the delinquent farther ? There is no way he will show his face to do paperwork for the well being of a child even he if knew it was desired, even if he is still alive.

This is for a tourist visa, not living there.

Edit:

From what I have been reading a KP14 is only temp (say 6 months) issued by the Amphor (it only appears to be a swarn statement with 2 witnesses)

and a KP6 (which we have) is only changeable via a new court order and appears higher than a KP14, also a Court Order of custody seems higher as well (which we also have).

Edited February 7, 2014 by Chao Lao Beach

[apiwan]

Just to add,

Sole custody and sole parental responsibility are not the same thing.

Quote from surin..thanks

Edited in

Oh no....I better check my documents to see what I have

Never ending​

Sent from my GT-I9305 using Thaivisa Connect Thailand mobile app Edited February 7, 2014 by apiwan

[Surin13]

How do you get a Kor Por 14 then ? (Wife Asleep who looks after this Amphor stuff)

Go to the Amphur office with 2 witnesses, one will need to be the Phu Yai Ban (head of village), but check with your wifes local Amphur on their requirements as they may differ.

Why the heck would the court give a sole custody document that couldn't be used for the child to travel abroad when even the police tried (Very Hard) to find the delinquent farther ? There is no way he will show his face to do paperwork for the well being of a child even he if knew it was desired, even if he is still alive.

As I said before you are mixing up Sole custody and sole parental responsibility, basically the parent with sole custody has custody of the child, but not full parental responsibility of the child. Meaning the father still has some rights over the child or can obtain some rights over the child now or in the future.

You are taking the child to a country where both parents rights have to be considered and Australia is a signatory to the Hague convention in relation to child custody so the department seeks to ensure that allowing a child to travel to Australia is not in contravention of Australias international obligations in relation to the prevention of child abduction.

You will need to provide enough evidence to the embassy to satisfy them that your wife has sole parental responsibility.

Edit:

From what I have been reading a KP14 is only temp (say 6 months) issued by the Amphor (it only appears to be a swarn statement with 2 witnesses)

Por Kor 14 is a statement from the Amphur office saying who has sole parental responsibility and is normally used by single mothers (never legally married to the father of the child) to obtain a passport or visa for there child/childern. Under Thai law single mothers have default sole parental responsibility unless the father has legitimatized the child so getting a Por Kor 14 is pretty easy for them.

I am unsure if it can be issued to a divorced woman and if so how much weight it will carry for them.

One of the witnesses will need to normally be the Phu Yai Ban, and I don't believe there is a time period for how long they are valid.

a KP6 (which we have) is only changeable via a new court order and appears higher than a KP14, also a Court Order of custody seems higher as well (which we also have).

You can try applying for a visa with what you have already and see how you go, if it doesn't work than go get a court order giving permission for the child to leave Thailand.

[Jay Sata]

Send an e-mail to the Australian embassy in Perth and Bangkok.(they will answer them!)

Perth deal with the child visa applications in Australia. but they can be most helpful with information, state your circumstances and what u want to know i have personaly found the Aus embassy in Perth to be very helpful.

My wife also has sole custody of her children( via court order) , but D.A.I.C. wanted the father to give written permmision for them to travel to Australia also.

We got in contact with their father and he went to the V.F.S. in Bangkok with them and signed ,the appropriate paper work.

I think that you will have to get court documents that state the children can leave Thailand and travel overseas if the father can not be contacted.

This may take some time.

Speaking as an ex Perth resident the above is good advice.

[stevehaigh]

we want to take our 'daughter' to Oz on tourist visa. i quote the daughter because although she lives with us, on her birth certificate, my wife's aunt and uncle are the birth parents.

so if we can get a 1229 form signed by the parents, does anyone know how long that is valid for? for example, if we get next month, could we apply for the visa in say 9-12 months time and the 1229 still be valid? i can't find that info on the website.

also, on the 1229 it says 'You must attach to this form:
• a certified copy of the child’s/children’s birth certificate(s), (if it is not already lodged with the application.);
• a certified copy of the personal details page of the non-accompanying parent’s, or person(s) with parental
responsibility’s passport, driver’s licence, National Identity Card (ID card) or birth certificate; and
• a certified copy of any relevant evidence making you solely responsible for making decisions about where the
child/children is/are to live (if applicable).

what do they mean by 'certified copy'? certified by who? can that be done at the Amphur too?

thx

[PlastikbinLina]

I hope this is not going off the track but regarding SOLE custody; as I have personally found out if the (Thai/Thai or Thai/ Farang) parents of the child were not married at the time of the child's birth then the mother has SOLE custody, despite blood or DNA tests proving the father's true relationship. Furthermore only the child can verify its own father identity after reaching age 7 along with the mother at the Amphur and then and only then can the father register his name as the father. Of course there are other ways of doing this and that means buckets of money and a Thai Lawyer.

[nightwatch]

we want to take our 'daughter' to Oz on tourist visa. i quote the daughter because although she lives with us, on her birth certificate, my wife's aunt and uncle are the birth parents.

so if we can get a 1229 form signed by the parents, does anyone know how long that is valid for? for example, if we get next month, could we apply for the visa in say 9-12 months time and the 1229 still be valid? i can't find that info on the website.

also, on the 1229 it says 'You must attach to this form:

• a certified copy of the child’s/children’s birth certificate(s), (if it is not already lodged with the application.);

• a certified copy of the personal details page of the non-accompanying parent’s, or person(s) with parental

responsibility’s passport, driver’s licence, National Identity Card (ID card) or birth certificate; and

• a certified copy of any relevant evidence making you solely responsible for making decisions about where the

child/children is/are to live (if applicable).

what do they mean by 'certified copy'? certified by who? can that be done at the Amphur too?

thx

From the Australian Embassy in Thailand web site.

Where to certify documents

Certified copies are copies authorised or stamped as being true copies of originals, by a person or agency recognised by the laws of the person’s home country. All personal documents such as Birth Certificates, Marriage Certificates, Household Registration Book, Educational Qualifications, etc. must be certified by the relevant local district office as follow

Australian Visa Application Centre: Service Deliver Partner VFS Global.

Or

The Consular Section of the Department of Foreign Affairs and Trade at the Australian Embassy in Bangkok can witness and authenticate signatures and provide certain other notarial services (fees apply for these services).

In Australia, copies may be certified by a Justice of the Peace, Commissioner for Declarations, or person before whom a statutory declaration may be made under the Statutory Declarations Act 1959.

Please note: Photocopies of certified copies are NOT acceptable.

In Thailand people who can certify copies include officers at:

District Amphur office

Visa application centre V.F.S.

Visa and immigration office,Australian Embassy Bangkok (by appointment only)

So will be able to get your documents certified at your local amphur.

On another note you should check if you will have to have these documents translated as well if so these will have to be certified as well.

[nightwatch]

Send an e-mail to the Australian embassy in Perth and Bangkok.(they will answer them!)

Perth deal with the child visa applications in Australia. but they can be most helpful with information, state your circumstances and what u want to know i have personaly found the Aus embassy in Perth to be very helpful.

My wife also has sole custody of her children( via court order) , but D.A.I.C. wanted the father to give written permmision for them to travel to Australia also.

We got in contact with their father and he went to the V.F.S. in Bangkok with them and signed ,the appropriate paper work.

I think that you will have to get court documents that state the children can leave Thailand and travel overseas if the father can not be contacted.

This may take some time.

Speaking as an ex Perth resident the above is good advice.

Thankyou Jay Sata

My two step daughters currently have a child visa class 445 (dependent child) awaiting a decision from the decision maker, so this topic cuts very close to my heart.

I am more than happy to help with any info.

[Chao Lao Beach]

edit next

Edited February 8, 2014 by Chao Lao Beach

[stevehaigh]

if anyone is interested, i got a reply from the Oz embassy and they said once you get the 1229 signed, you need to apply for visa within one month

[David48]

Mate (OP) ... he's a mate of mine.

I just have, in the past, simply emailed them.

Got a reply either late that afternoon or the next day, depending on when I wrote.

Maybe I've just been lucky.

[apiwan]

Just to add,

Sole custody and sole parental responsibility are not the same thing.

​

So what do I have .

This is the English translation from the divorce cert

1:" have children together and they shall be minor in guardian of male party"

" 4, other note : all of the children shall be solely guardian of ( me) without any obligation between mother and children,

Mother can visit children anytime "

Sent from my iPad using Thaivisa Connect Thailand

[Surin13]

Apiwan, going on what you have posted, sounds like you have sole custody but the mother has visitation rights at anytime. With this type of custody you would need permission from the mother for a visa to Australia to be issued.

Sole custody generally means that you look after the child full time, but the other party has some rights, eg. maybe access to see the child or their permission is need for certain discussions on the welfare of the child

Sole parental responsibility generally means that the parent has sole responsibility on any decision about the child and the other parent has no legal rights/say over the child at all. This is the default arrangement for unmarried mothers, basically the father has no rights at all over the child and is not even recognised under Thai law as the legitimate father.

On a side note, even if the parent has Sole parental responsibility under Thai law, the Australian Embassy as a requirement will still ask the other parent to give permission for a visa to be issued, you can get around this requirement, but its not easy.

Edited February 11, 2014 by Surin13