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Child visa (child born out of wedlock)

pctornitorodriguezpctornitorodriguez SydneyTotal Reaction Points: 0Member
edited April 12 in Family Member Migration Posts: 3
Child visa (child born out of wedlock)

Hi everyone! Hopefully someone could answer me in this page.

I have a 7 yr old child born out of wedlock. He is carrying my last name NOT his fathers’ last name and his father DID acknowledged/signed it at his birth certificate). His Dad never supported him since he was born. My parents supported me and my son, even until now. My son is living and under the care of my Mom since the day I left to go here. I am now married and holding my permanent residency. Since I got married, my husband supports my son and we send money to him for his needs.

My first question is, is it possible if I can sponsor my son even if our source of income is from my husband only because I am not working yet because my husband and I had a child thus, I am looking after our kid for now.

Second, do I still have to get a consent from my son’s Dad for the consent even if it states from the Philippine Law that the parental authority is with the mother? The law says here — Family Code of the Philippines, and is from Article 176 of the Code:

“Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father.”

Third, what are the documents you’ve submitted or the immigration asked to make the visa processing quick?

If someone please share your experiences and details as I am so confused where to start and I’m in a dilemma if it would be complicated to bring him here (like court orders or court hearings and will cost us a lot of money, if this applies to my situation). We would like to get my child to here as soon as possible. Please enlighten me. Thank you!
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  • cuccicucci NSWTotal Reaction Points: 17Member
    Posts: 203
    @pctornitorodriguez Have you checked out the Child Visa information and requirements here?

    Since there was no acknowledgement of paternity on the part of the father, on the part of the Philippine government, you are recognized as the the one with the sole parental authority over the minor child. As such, there is no impediment on bringing the child to Australia.

    All the other information and documents required are on that link above on the part of the Australian government.
    Jul 2016 - IELTS
    Jan 2017 - Applied to AHPRA
    April 2017 - received Letter of Referral
    Sept 2017 - finished BP
    Nov 2017 - AHPRA Registration
    Dec 2017 - Lodged 457 Visa Application (onshore) / ANMAC Assessment
    Jan 2018 - 457 Visa granted / Received positive ANMAC Assessment / Submitted EOI
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