Orphan relative visa

[gavin stansfield]

We are in need of some guidance as is the social services in the uk.
My wife and I are trying to find out the process of bringing into Australia my wifes grandaughter(2yr5mth and her sibling 1yr 5mth both girls)which makes them my step grandchildren, only one is blood related but if we cannot secure these children then they are to be lost within the adoption system and not know each other.

The children are unable to be looked after by there unsuitable birth parents.

Information we have asked for has taken some months to arrive and contradicts itself.

We have been in Australia since Feb 2005 and we are all Australian Citizans which includes our 11 year old daughter.

Any advice/help will be greatly appreciated

Regards
Gavin

[Sheelagh Blanckenberg]

Dear Gavin

Welcome to the forum.

I am very sorry to hear of the circumstances you are facing with your grandchildren.

However, I, and I doubt any other person on this forum, is in any position to give legal or other advice about social services in the UK and what you will need to go through in order to obtain custody of the children and to remove them from the UK and bring them to Australia.

All I can do is point out the Australian visa options these children have.

You appear to have already determined there is a visa for orphan relatives ( see - Orphan Relative Visa for more details if you need to) .

Among the criteria needed to be granted this visa please take note of the following:

1. A child may be considered an orphan relative if both parents are unable to look after the child because they are deceased, permanently incapacitated or of unknown whereabouts.

Can this criterion be met by the children?

2. You or your wife must satisfy one of the following custody requirements when applying to sponsor children under 18 years of age:

• you must have the sole legal right to determine where the child shall live, or to remove the child from their home country. OR
• if another person can legally determine where the child can live, you must obtain a statutory declaration from this person or people, granting permission for the child to migrate. OR
• you must possess a valid court order allowing you to permanently remove the child from the child's home country. OR
• you must have a court order issued by the Family Court of Australia, and the grant of the visa must be consistent with that order.

Would you or your wife be able to meet one of these criteria?

If at all interested I would be happy to give you the names of reputable registered migration agents who practice in the UK and who may also be able to help you with the minefield of obtaining custody of the children by putting you in touch with relevant UK-based family law practitioners.

Sorry I cannot be of more help. The best of luck and if you do have any further queries about the Australian visa process etc, please don't hesitate to come back onto the forum.

Kind regards

Sheelagh