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QLD How to Help My Daughter Immigrate to Australia?

Discussion in 'Immigration Law Forum' started by Wesson, 10 August 2015.

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  1. Wesson

    Wesson Member

    10 August 2015
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    Hi all,

    I'll start with a little background.

    I emigrated from the UK in 2007 on a prospective spouse visa. To do that, I had to leave the children behind in the UK, and I'm not sure exactly, but I may have had to sign to say I would or could not help them emigrate too because of a lack of medicals (The children's mother flatly refused to allow me to get the medicals). I would have to try to verify this though.

    Jump forward to now and a few years have passed with zero contact with my children. Again the children's mother and the usual money arguments. It's all complicated and the details are irrelevant at this point. One of my children has recently made contact with me by email (via my sister in the UK). Her mother is unaware of the contact or it would have been stopped.

    Anyway, my daughter is very unhappy with her home life and things we have talked about suggest there may be some kind of 'emotional abuse'. They are strong words but I am not sure how else to put it.

    My older child is 19 and living her own life now.The one in contact is 15 and in a few months 16.
    The mother has remarried and now has 3 other children. These children are given preference over my daughter in all things (I have this from another source) and she is alone for much of the time. There is a lot of yelling, not much personal freedom, things like that. Career choices are derided (vet, psychologist, writer, forensic scientist) as being a waste of time. Hobbies get the same treatment.

    Yes she is a teenager and I expect some to say it's just the age, but I have done a bit of checking and much of what she says would seem to the case.

    Here's the thing, obviously I would love to be reunited with her. I know she can have her own passport and travel by herself at 16, so getting her here would be the "easy" part. I have researched a couple of visas Subclass 101 and 802) and there is no way in Hell her mother would sign over consent for me to have custody.
    I am aware that an order from the Family Court would do, but can that be lodged and decided on without the mother being present? (Family Law forum for that maybe)

    What would be the best options if she decided she did want to move out here?

    Thanks to anyone who can help..
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Wesson,

    For a start all of the consent or court ordered waivers of consent etc will need to occur in the UK because that is where your daughter currently is. Much involved in the process will need to be conducted at that end. Therefore, I would contact an family/ immigration lawyer in the UK for assistance and set aside a month or so to travel over to the UK to sort things out in person.

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