Visa Application, Divorce & Custody

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Trayla - 30 Apr 2005 07:41 GMT

I don't expect anyone to be able to give me a solution to my problem,
but any words of advice or support would be much appreciated at this
awful time.

I came to OZ with my hubby and two kids on a student visa. At the
end of last year my hubby returned to the UK with the kids and now
wants a divorce.

I decided to grit my teeth and finish of my masters degree and then plan
to apply for PR, adding the kids later when hopefully I get custody.

Has anyone carried out a divorce between Oz & UK.

Has anyone added children to their application when initially they
weren't coming with them or custody arrangements werent settled.

I just need to know if anyone else has been in such a dire situation and
come out on top.

Any words of wisdom, please...

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Rob Morton-Jone - 30 Apr 2005 11:01 GMT

> I don't expect anyone to be able to give me a solution to my problem,
> but any words of advice or support would be much appreciated at this
[quoted text clipped - 17 lines]
>
> Any words of wisdom, please...

Difficult question to ask but my advice would be to contact an agent
such as Alan Collett or George Lombard.

They would be more than happy to advise you

Rob

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JAJ - 30 Apr 2005 14:29 GMT

See a solicitor (who specialises in family law) regarding whether you
should be looking for a divorce in Australia or the UK.

As regarding PR, you do not need to be divorced to exclude your spouse -
a permanent separation will do.

Children will still require medicals even if excluded from your visa
unless you can persuade DIMIA this is 'unreasonable' - get good
professional advice on this.

Under current law, children can be sponsored for a child visa quite
straightforwardly provided they are under 18. However if your husband
has custody/access rights in the UK his consent would be required, at
least until they are 16 (it's a grey area for children aged 16 and 17).

Jeremy

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This is not intended to be legal or professional advice in any jurisdiction

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Trayla - 30 Apr 2005 22:45 GMT

> See a solicitor (who specialises in family law) regarding whether you
> should be looking for a divorce in Australia or the UK.
[quoted text clipped - 13 lines]
>
> Jeremy

Thanks Guys,

You have reassured me that I have started on the right track.

My husband has initiated the divorce from the UK, so in the first
instance I have contacted a UK solictor, who does specialise in family
law and is also a childrens and parents representiative.

I doubt very much that my hubby will let my children (age 7 & 9) have
medicals, so at the time I imagine that I would need to get a stat dec
done, saying so.

thanks again,

Trayla

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Immigration Forum / Australia and NZ / April 2005

Visa Application, Divorce & Custody