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Help Needed Estranged Non Dependent Child.

estranged dependent child

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#1 Codyboy

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Posted 27 July 2016 - 07:43 AM

Hi Everyone
 
I have just hit a major hurdle in my prospective marriage visa ( lodged 29 march 2016) . My Thai finance, Jub is a widow as of 2013 but prior to that she was estranged from her husband since her last born  son was 7 months old. Her then husband took custody of  him and raised him with his extended family .  Since then Jub has had only minimal contact with her son so much so that she does not even know how to contact him directly.  He is currently 16 turns 17 in January .The problem is that we have been asked for   Police check , medical check and passport details.
 
I really think that this will be impossible as he will not do anything to assist his mother .   My question is what will happen if we can not produce this information.
Jub is currently in Australia waiting on extension of her tourist visa .She visa Has a visa that we can extend . We have also been asked to produce her marriage  certificate  to dead husband . We did provide a copy of husbands' death certificate .
Is it possible to get a marriage certificate from Australia.
 They have also asked to provide evidence of single status  I'm not even sure what this is .
 
Hoping  some can help


#2 yahoo

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Posted 29 July 2016 - 05:21 PM

hey Codboy

 

i`ll start with the last question proving she`s single, there's something called certificate of no impediment to marriage that can be applied for from the embassy/consulate abroad, i did mine through my countries embassy and it took a few weeks to get it.

 

if she puts the kid as part of the people migrating with her then the police clearance will be requested together with the health check because anyone migrating to Australia must go through this checks 

 

as for the marriage certificate then if they insist on you showing a copy then you just have to do that and make sure its been translated and certified before uploading it




#3 Codyboy

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Posted 01 August 2016 - 01:16 PM

Thanks I have Contacted the Thai Consulate and they do not  issue any of the documents in Australia. None of the chilreden were put on the migrating to Australia form but they were still requested . looks like she will have to return to Thailand to obtain the documents .




#4 AussieDude

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Posted 13 August 2016 - 01:18 AM

Hi Everyone
 
I have just hit a major hurdle in my prospective marriage visa ( lodged 29 march 2016) . My Thai finance, Jub is a widow as of 2013 but prior to that she was estranged from her husband since her last born  son was 7 months old. Her then husband took custody of  him and raised him with his extended family .  Since then Jub has had only minimal contact with her son so much so that she does not even know how to contact him directly.  He is currently 16 turns 17 in January .The problem is that we have been asked for   Police check , medical check and passport details.
 
I really think that this will be impossible as he will not do anything to assist his mother .   My question is what will happen if we can not produce this information.
Jub is currently in Australia waiting on extension of her tourist visa .She visa Has a visa that we can extend . We have also been asked to produce her marriage  certificate  to dead husband . We did provide a copy of husbands' death certificate .
Is it possible to get a marriage certificate from Australia.
 They have also asked to provide evidence of single status  I'm not even sure what this is .
 
Hoping  some can help

So Thai Family (marriage) Law is complex, and is contrary to what we see as fair in Australia.  Deal with it ;-)

 

Under Thai Law, Any Thai woman who is granted an Official Divorce (by consent or Widow), must serve a 12 month 'morning' period before she is considered free or single.  I know its draconian but we dont make Thai Law.  So, any Thai woman applying for a substantive visa to Australia (ie PMV, Pro.Marriage.V etc) will need a Police Clearance Cert, and this will indicate her 'availability'.  She will have to wait the 12 months.  Failing to do this will only aggravate the Thai bureaucracy. In your case, as a widower, she must wait 12 months before official marriage.

 

For her to re-marry during this period overseas, is technically a crime in Thailand and she could be prosecuted upon return, although that rare.

 

If there was a child of the original marriage (I assume yes?)  then, custody does not fall to the natural mother automatically in the case of a divorce or widower.  The husbands family has a claim.

 

She must declare the child on her PMV application, even of the child is to remain in Thailand.

 

If she wants the child to immigrate with her, then, and this is the kicker, the Fathers Family (ie his MOther) must grant emmigration permission.  She will have to sign the child's Thai passport application.  Often, when there is a foreigner involved, the Father/Fathers Family will seek compensation, yes $$.  Going rate s THB100,000 in cash.

 

I strongly suggest you engage a qualified MARA Immigration LAWYER (not agent) for your case.








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