VIC Visa for Legal Guardianship?

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daisydoo

Member
26 September 2017
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My mother-in-law has legal guardianship of my husband's nephew in South Africa. This was obtained when his sister (the boy's mother) had a drug problem and mental health issues while she was in rehabilitation for 2 years. The nephew (now 11yrs) and his mother (husband's sister) live with my mother in law.

However, my mother-in-law has been recently diagnosed with cancer and is unwell. It is becoming evident that she will soon be unable to care for my nephew. The family agreement is that the boy's mother is neglectful when it comes to her son and she is unable to provide adequate care for him.

My husband's eldest sister cannot take him as she is currently getting divorced and will be a single mother of 2 children. His younger sister also cannot take my nephew as she and her husband are immigrating and a visa for my nephew is unobtainable. There are no other family members. Therefore my question is 2 parts:

Firstly, in the event of his grandmother's death, or prior, can we apply for legal guardianship of my nephew from here in Victoria? we have perm residency and have been living here almost 4years.

And secondly - if we managed to achieve legal guardianship, would there be any way we could apply for a visa for him to join us?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
This is a complex question - if only because there are three jurisdictions involved.
You will do well to engage a solicitor who is also a Registered Migration Agent,
who will be able to assist you in a way that a layman Migration Agent cannot.