VIC Father of Australian Child with Autism - Apply for Carer Visa?

[Jaycee]

I am a British citizen (40) living in the UK, and father of a 5-year-old Australian son, who has been diagnosed with Autism. He is my only child and lives with his mother in Melbourne. His mother and I are separated.

Is it possible for me to get a Carer Visa on the basis that his Autism will require a higher level of care and support? His mother is a working, single mother. I believe he would greatly benefit from having the emotional and physical support of his father being present in his life. I understand that at 5 years old, he would not be able to act as my sponsor.

I would appreciate any help on this subject.

Thank you.

 

[Lance]

Hi Jaycee,

The main problems I see for you is that one of the requirements is that your son would need to not have anyone else in Australia to look after him and his mum would need to sponsor you. Probably not. But you may be able to look at another type of visa. The points you made about being present in his life are very true and worth investigating.

 

[Jaycee]

Hi Jaycee,
The main problems I see for you is that one of the requirements is that your son would need to not have anyone else in Australia to look after him and his mum would need to sponsor you. Probably not. But you may be able to look at another type of visa. The points you made about being present in his life are very true and worth investigating.

Thank you Lance,

I have tried for other types of visa, but have had no success. My son's mother does not want to act in his place as sponsor, so a Contributory Parent visa is not possible. My job (stuntman) is not of the list of required skills. I have a degree in Cognitive Science, but it is not related to my work so doesn't count towards the points.

I have excellent command of the English language and no criminal record. I recently gained a qualification in carpentry, but now need 5 years experience in it as I have turned 40 and lost more points. I want to be able to be a father to my Australian citizen, only child, but Australia isn't interested. I'm so disappointed with the lack of compassion and disregard for family union that the Australian Immigration department seem to possess.

I would have my own health insurance, and happily waive any right to present or future government benefits. I would not be any burden to the Australian system - I would be assisting it by providing care and financial support to one of its citizens.

I'm trying to do the right thing, but don't know what else to do.

Any other help would be greatly appreciated.

Thank you.

 

[Tim W]

It's not that "Australia" (which is not a sentient being) isn't interested.

It's that you are not eligible.

In any event, what you are trying to do is manipulate our system
by applying for a visa intended for one purpose (carer),
when your real purpose is another (have more general access to ('be a father to')
a child who does not live with you).
Thus the very premise of your application is, to say the very least, not the whole truth.

In any event, you'll find that it's the primary carer (in this case, his mother) who gets to choose any alternate carers.
And since you are estranged anyway, it's hardly likely that she would choose you.
Thus the basis for your application for a carer visa does not exist.
Further, I agree with @Lance above, that there would need to be nobody else suitable in Australia.

You can't use the family union argument when you are not a family (no, you're not).
And you can't bargain your way into a visa by disclaiming any future benefits.

You say you want to provide financial support to your Australian Citizen child...

• Are you saying that you have not been?
• If not, then you can always start paying now, from the UK.

 

[Jaycee]

Hi Jaycee,
The main problems I see for you is that one of the requirements is that your son would need to not have anyone else in Australia to look after him and his mum would need to sponsor you. Probably not. But you may be able to look at another type of visa. The points you made about being present in his life are very true and worth investigating.

Thank you Lance,

I have tried for other types of visa, but have had no success. My son's mother does not want to act in his place as sponsor, so a Contributory Parent visa is not possible. My job (stuntman) is not of the list of required skills. I have a degree in Cognitive Science, but it is not related to my work so doesn't count towards the points.

I have excellent command of the English language and no criminal record. I recently gained a qualification in carpentry, but now need 5 years experience in it as I have turned 40 and lost more points. I want to be able to be a father to my Australian citizen, only child, but Australia isn't interested. I'm so disappointed with the lack of compassion and disregard for family union that the Australian Immigration department seem to possess.

I would have my own health insurance, and happily waive any right to present or future government benefits. I would not be any burden to the Australian system - I would be assisting it by providing care and financial support to one of its citizens.

I'm trying to do the right thing, but don't know what else to do.

Any other views would be greatly appreciated.

Thank you.

It's not that "Australia" (which is not a sentient being) isn't interested.

It's that you are not eligible.

In any event, what you are trying to do is manipulate our system
by applying for a visa intended for one purpose (carer),
when your real purpose is another (have more general access to ('be a father to')
a child who does not live with you).
Thus the very premise of your application is, to say the very least, not the whole truth.

In any event, you'll find that it's the primary carer (in this case, his mother) who gets to choose any alternate carers.
And since you are estranged anyway, it's hardly likely that she would choose you.
Thus the basis for your application for a carer visa does not exist.
Further, I agree with @Lance above, that there would need to be nobody else suitable in Australia.

You can't use the family union argument when you are not a family (no, you're not).
And you can't bargain your way into a visa by disclaiming any future benefits.

You say you want to provide financial support to your Australian Citizen child...

• Are you saying that you have not been?
• If not, then you can always start paying now, from the UK.

Tim,

I have been paying money through the CSA since my son was born, and I have paid for half of his daycare / preschool costs. I visit every 6 months and bring toys, clothes, books, etc.

It is the not insubstantial costs of the flights and accommodation every time I go, which could be better spent on him, plus the value of having a father around as he is growing up. His diagnosis is new, which is why I am now investigating the Carer visa.

My son's mother lost her father when she was young, and has not been in contact with her own mother for years. She has limited options for help.

I wonder, do you have any children?

There is no hint of compassion in your analysis of my situation.

 

[Lance]

Hi Jaycee,

While Tim's response was hard hitting, it is the stance that immigration would take. The only other option I can see is to build the relationship with your ex. If she really does need the help and support try to convince her to sponsor you for one of the other visa options you have mentioned. I know you said it's not possible but you also said she has no other support.

 

[Tim W]

There is no hint of compassion in your analysis of my situation.

Then disregard my remarks, as you please.
My thoughts are, after all, worth exactly what you paid for them.

You may find this article of interest.

Consumer Tip: Having read my remarks above, if, one day, you meet an RMA (or a lawyer)
who tells you that you have a chance, think very carefully before you believe them;
and don't give them any money until they explain in chapter and verse detail
why they think you are eligible for a 116, when prima facie, you are not.

 

[Jaycee]

Hi Jaycee,
While Tim's response was hard hitting, it is the stance that immigration would take. The only other option I can see is to build the relationship with your ex. If she really does need the help and support try to convince her to sponsor you for one of the other visa options you have mentioned. I know you said its not possible but you also said she has no other support.

Thank you Lance,

I see that she is my best hope, and we have managed to build up to a relatively civil relationship. Unfortunately, her reasons are not just about me. She is very distrusting of the Australian government, stemming from some incidents occurring when her father died. She doesn't want to involve herself in a financially related contract with them. It doesn't make sense to me, but I am not someone who can change her mind on this.

Thank you again for your responses. I will keep on trying to find a way to be with my son.

 

[MartyK]

As Tim rightly points out, a Carer Visa is off the table.

She is very distrusting of the Australian government, stemming from some incidents occurring when her father died. She doesn't want to involve herself in a financially related contract with them. It doesn't make sense to me, but I am not someone who can change her mind on this.

Notwithstanding you have said the mother is distrusting of the government, to bring some further clarity as to some of the possible reasons a person may be reluctant to sponsor another, in those circumstances you describe.

Now, even if you decided to try a different category of Visa and met the conditions for, say, a Parent Visa. Given you say that the child's mother is the only one who could sponsor you...

Any legal commitment from the child's mother to an AoS (assurance of support), would be a huge commitment and liabilty for her (not for you).

Depending on the actual application, my understanding is, for a Parent Visa, that the financial commitment would be at minimum 2 years, but could be as high as 10 years. A bond of $5000 or $10,000 would be required, and, the wait time for the Visa to be processed could be anything up to 30 years.

You are not together (partnered). She has no ties to you other than a son. She may or may not want you, her former partner (?) living with her. She already has a financial commitment and responsibility to your son, and, as your son has additional needs, her present financial obligations to your son would likely be a bit higher than to that of a parent of child without additional needs (i.e. more appointments, which means more transport costs etc and also therapeutic interventions, which at this time, are not all covered or fully covered by Medicare).

Also, even if your intention is to self support. There is no guarantee that you will firstly, be able to find/get a job, or secondly, that you would be able to retain one. If you are unable to work, you would no longer be able to assist with any financial support of the child, or financially assist would your own, even basic, living expenses.

The mother is a single parent of a son with additional needs. While her financial situation might be ok at this time (?) or even at the time of commitment to an AoS, as well as those other factors above, her future financial circumstances are likely to also be more uncertain, again, In part due to increased uncertainties that are unfortunately part and parcel with having an additional needs child.

Good luck