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  1. #11
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    Quote Originally Posted by AngelicHobgoblin View Post
    When you think about it though, how many people would come have a baby only because that means they don't have to leave? If that makes sense?? Horrible for the child though, but if it was as easy as that, everyone would do it so they couldt be forced to leave
    I know someone who spends a lot of time in Malaysia teaching ESl and they are always saying how desperate a lot of the young Malaysian women there are to get out of their rural existence and come and live in australia. If people knew they could stay here if they had a child here, you bet they would

    And on the flip side to that, a lot of young Asian women marry any old australian man not realising once they arrive here how trapped they've now become, in a miserable fully-controlled existence. But that's mother thread and by no means applies to the majority of cases such as this one, just an example of how the system can be used to trap people, which I think is very wrong.
    Last edited by Ellewood; 15-03-2014 at 13:01.

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  3. #12
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    I'm not one for willy nilly immigration rules... However I feel the same about this as I do regarding the situation our poor kiwi friends find themselves in: you can't let people establish a life here (eg having a kid) then not support them/turf them out of the country in a time of need. It's inhumane.

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    BlissedOut  (15-03-2014),CakeyMumma  (15-03-2014),Lauzy  (15-03-2014),LoveLivesHere  (15-03-2014),Stiflers Mom  (15-03-2014)

  5. #13
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    Quote Originally Posted by Fleetwood View Post
    letting her? I thought she was being forced to leave. I imagine she is the primary carer of their daughter which is why it's better for them to remain together.
    Sorry but the father should have thought about these things also when he moved his foreign partner here then made a baby with her. It was to his advantage that the baby is born in his home turf but that doesn't mean he should be able to use that advantage as a weapon and I for one certainly hate the idea of sending that message out there... That you will have all the rights if you can just get your partner to move to you!

    See, the reason I find cases like this so difficult to come up with right or wrong answers for is that I hate the idea of one adult being able to use the law being used to trap another adult. I hate the idea that because one parent chose to move to the other parents home turf that they should then be the one to suffer if the relationship breaks down, simply because the child was born in that state/country. But in this case the mother wants to stay so I can't imagine how the best interest of the child is being met here as there is no harm at all by letting the mother stay here. This is where immigration laws intertwine with family law and it gets messy and complicated.
    Yes. Letting her. The father is totally within his legal rights to stop her taking the child.

    I'm in a position where my children's father won't LET me take my kids out of the country. Forcing me to live here with no path to citizenship, no protection in terms of social welfare and other basic privileges afforded to 'permanent residents'. I'm fortunate to have working rights here.

    Their situation is awful all around, I'm just saying it could be (and often is) worse.

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    LoveLivesHere  (15-03-2014),Stiflers Mom  (15-03-2014)

  7. #14
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    There's definitely more to this story, right or wrong I'd like to know why and what kind of visa she was on.
    Having gone through a de facto visa myself I understand it's tedious and perhaps she was on the wrong visa or expired because I find it hard to believe she'd be kicked out that quickly, there's bridging visas... I was on one for almost a year!
    Plus she was here for 8 years... From my understanding she could have gone for citizenship after that long.

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    Quote Originally Posted by BlissedOut View Post
    Yes. Letting her. The father is totally within his legal rights to stop her taking the child.

    I'm in a position where my children's father won't LET me take my kids out of the country. Forcing me to live here with no path to citizenship, no protection in terms of social welfare and other basic privileges afforded to 'permanent residents'. I'm fortunate to have working rights here.

    Their situation is awful all around, I'm just saying it could be (and often is) worse.
    Yep, and if you read my posts, I say I think the system is unfair. I think your own situation is unfair. I was making points that I don't think it's fair or necessarily in the children's best interests that the parent who moved to accommodate the other parent (usually the male as females tend more to move to the males home ground due to his work) should be put in a situation where they are trapped and not allowed to move the kids away.

    I really feel for you blessed out, and I really feel for other parents in this situation. I have a friend who moved to a dead-end town (well, a small regional area lets say) where his partner came from and had family around. They had two kids within 3 years immediately after and he worked in a mining job. She left him, and he now can't leave that town. His kids are only still very little so he's basically stuck there. He wouldn't leave his kids anyway, but he feels totally isolated there and has no support network even though he comes from a very supportive family who live interstate.

    I honestly feel so much for parents who get trapped like this. You do anything for your kids of course, but it makes life so much harder when you have no choices of your own.

  9. #16
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    Quote Originally Posted by ciaomamma View Post
    There's definitely more to this story, right or wrong I'd like to know why and what kind of visa she was on.
    Having gone through a de facto visa myself I understand it's tedious and perhaps she was on the wrong visa or expired because I find it hard to believe she'd be kicked out that quickly, there's bridging visas... I was on one for almost a year!
    Plus she was here for 8 years... From my understanding she could have gone for citizenship after that long.
    I also would not rush to judgement. She only applied for permanent residency after the relationship ended. We seem to be missing an important part of the story here.

  10. #17
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    Article says she was on a fiancée visa. When the relationship ended, she then applied for residency.

  11. #18
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    Quote Originally Posted by Lauzy View Post
    Article says she was on a fiancée visa. When the relationship ended, she then applied for residency.
    There are two classes of partner visa: temporary and permanent. Which was she on? And why did she not apply for permanent residency earlier, for instance, when she had the child.

    The paternal grandfather says he's worried about the child being taken to live in South Korea. Why? What's wrong with S Korea? And no comment from the father. Why?

    I'm just saying we do not have the information to start making judgements.

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  13. #19
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    Visas cost a lot of money. This may be why she stayed on the de facto visa so long.

  14. #20
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    Quote Originally Posted by VicPark View Post
    I'm not one for willy nilly immigration rules... However I feel the same about this as I do regarding the situation our poor kiwi friends find themselves in: you can't let people establish a life here (eg having a kid) then not support them/turf them out of the country in a time of need. It's inhumane.
    If they became Australian citizens they could not be forcrd to leave.

    From memory if you come here on defacto visa you get visa that lasts two years. You can then apply for permanent residency visa. After being permanent for two years you can apply for citizenship. If the relationship ends in that first two years you have to go home, unless it ended due to domestic violence -then you can stay.


 

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