NSW Moving Overseas with 17-Year-Old Son - What to Do?

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Liddiaj

Active Member
19 July 2016
5
0
31
Hi,

My husband and I are planning to move to the US (assuming it's still there) in 2019. I have a 17 yo son from a previous marriage who has expressed his desire to come with us. I currently share care with his biological father...10 days here 4 days there/ fortnight and 50/50 holidays and given the time it can take to have visas approved, we are planning to start the process in the not too distant future and my question is this:

Do I need my ex husband's permission to apply for a visa for our son, given he will be 18.5 by the time we are planning to move, or can I just go ahead and apply?

He already has a valid passport if that makes any difference at all. I would like to have some kind of reliable information at hand for when my ex husband and I have what is likely to be a heated conversation.

Thanks in advance.
 

Blessing

Well-Known Member
20 April 2017
70
8
224
Sydney NSW
if by the time you move your son is over 18 its no longer a decision for you or your ex-husband what he does.

As for whether you need permission to do a visa application, I think it depends on the country. From memory the first time I came to Australia as a young child, my mother needed permission from all of my guardians, not just my father (I lived with my grandmother at the time) just to process the Visa.
 

Liddiaj

Active Member
19 July 2016
5
0
31
Thanks for your reply. I understand that when he is 18 he can do as he chooses. My issue is applying for a Visa when he is 17 even though we are not planning on going anywhere until he is 18. It will take that long (if not longer) for the Visa to be approved. We told him our plans and he has chosen to come with us rather than stay here with his dad. He may well change his mind...but I would like a Visa for him so at least he has options. We can't wait until he is 18 to apply for several reasons, one of those being him starting college in the August of 2019. I'm not sure though, why I would need anyone else's permission given he lives with both his father and myself. Perhaps something I need to look into.