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sabatahi

Resident Return Visa For Child

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I and a mother of 8 yr girl who had migrated to Australia in August 2009 on skilled migration vsia 175 with my 10 month child that time(her) then also along with my abusive partner that time. After migrating to Australia my violent abusive partner had escalated his abuse with me and my child and I was forced to send back my daughter to India to my parents. There was no family court order when I left her in India in Dec 2010 and she holded permanent visa 175 secondary . The marriage broke in 2009 as ofcourse  my ex was brutal and violent and he is still living in Australia and i have got his no whereabouts nor do we intend to contact each other now

Eventually i got back to Australia again in 2011 and now I am an Australian citizen since 2013. I want to bring back my child to australia now and her PR visa has expired in Aug 2014. What visa do i need to apply to get her back and if after the vsia is granted if there are compelling reasons that my child still cannot come to Australia because of my abusive partner then what will be the implications after visa been granted then

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This is very complex.  You will need an agent.

 

The initial removal of the child, without consent of the other parent or the Courts, is a serious problem.  Despite the circumstances being very valid.

 

Please get an agent that is experienced in Indian Family Law.  They will set the storey straight and make a clean application.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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I am an Australian citizen arrived Australia in 2009 on skilled migration permanent residency along with my 10 month daughter in 2009 and ex -partner.

My ex-partner after coming to Australia turned very violent towards me and child so took out interventions against him in 2010. We divorced in 2012.

The child born in India in 2008 and holder only residency to Australia that expired in 2014.

I left my child to my parents in India in 2010 and the child hasn't come back to Australia since last 8 years.

The child only stayed 15 months since her residency visa was granted in Australia.

My brother maternal uncle of childhas got court order from indian secured legal guardianship from family court India. The biological father still in Australia but do mot know whereabouts

 

Now I want the child to return back to Australia on RRV as legal guardian agreed as well. Will this will be successful? How long processing for visa.

I am worried about her schooling and benefits to kick up as soon as she arrived in Australia.

Now can i get my child on visit visa and then try for RRV.

 

My daughter not returned Australia since last 8 years. I got married again in 2012 after divorce and have two other Australian born children. Is this not personal ties for child?

compelling reasons for child to stay in India fear and safety for abuse the biological father did had intervention order until 2012. 

Maternal uncle taken over guardianship for child proceedings in india  since 2017 to 2018. 

On 9/2/2016 at 8:32 PM, AussieDude said:

This is very complex.  You will need an agent.

 

The initial removal of the child, without consent of the other parent or the Courts, is a serious problem.  Despite the circumstances being very valid.

 

Please get an agent that is experienced in Indian Family Law.  They will set the storey straight and make a clean application.

 

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On 7/17/2018 at 10:06 AM, sabatahi said:

I am an Australian citizen arrived Australia in 2009 on skilled migration permanent residency along with my 10 month daughter in 2009 and ex -partner.

My ex-partner after coming to Australia turned very violent towards me and child so took out interventions against him in 2010. We divorced in 2012.

The child born in India in 2008 and holder only residency to Australia that expired in 2014.

I left my child to my parents in India in 2010 and the child hasn't come back to Australia since last 8 years.

The child only stayed 15 months since her residency visa was granted in Australia.

My brother maternal uncle of childhas got court order from indian secured legal guardianship from family court India. The biological father still in Australia but do mot know whereabouts

 

Now I want the child to return back to Australia on RRV as legal guardian agreed as well. Will this will be successful? How long processing for visa.

I am worried about her schooling and benefits to kick up as soon as she arrived in Australia.

Now can i get my child on visit visa and then try for RRV.

 

My daughter not returned Australia since last 8 years. I got married again in 2012 after divorce and have two other Australian born children. Is this not personal ties for child?

compelling reasons for child to stay in India fear and safety for abuse the biological father did had intervention order until 2012. 

Maternal uncle taken over guardianship for child proceedings in india  since 2017 to 2018. 

 

Hi There are no issues with family law now as Australian court has agreed that the child can return back to Australia without biological fathers consent on visitor visa or resident return visa.

The agent advised to apply visitor Visa for child in India and although submitting court order they are regusing to issue visitor visa

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On 1/1/2019 at 11:36 AM, sabatahi said:

Hi There are no issues with family law now as Australian court has agreed that the child can return back to Australia without biological fathers consent on visitor visa or resident return visa.

The agent advised to apply visitor Visa for child in India and although submitting court order they are regusing to issue visitor visa

The basis for a 'displaced' child, that is a child that is not residing in its natural home (india in your case), is determined by the courts of the child's natural home (India), not Australia.  Even with a Family Court ruling in Australia, the father or a concerned relative can petition the Indian Courts for the child to be returned to India, under the Hague Convention. Australian courts can not overrule Indian Law, and vice versa.

I still feel you would be wise to consult a Mara Agent in this case.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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The travel facility on PR expired on July 2014.. I never applied for rev since then. I abusive father is also PR still lives in Australia and does not respond to any court proceedings for the child whether in India or Australia. Both the parents are separated and are Australia residents

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On 8/29/2016 at 1:24 PM, sabatahi said:

What visa do i need to apply to get her back and if after the vsia is granted if there are compelling reasons that my child still cannot come to Australia because of my abusive partner then what will be the implications after visa been granted then

You can apply for RRV for your child.

Your compelling reasons that your child can't come to Australia if they get the RRV are in my opinion not compelling at all, in fact they work against you.  It seems that you are just trying to maintain PR for your child without them living in Australia.

Australia has far stronger and better enforced child protection laws then India, so I don't give much credence to your compelling reasons argument.

 

 

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