by Calmar  06/02/2014  353 Page Views
2 Comments  Immigration law, student visa, employment visa, partner visa
The basic question is what happens to the kids in this situation?

1. One parent is PRC national; one is UK nationsl; two children PRC nationals (by birth and law, but with UK citizenship by decemt).

2. Family enters Australia on 457 visa from PRC; parents divorced while in Australia; kids placed to PRC national with sole parental responsibility, however, subsequently taken into provisional care by DOCS, trial is ongoing.

3. Second PRC child would have a case for asylum (in PRC second child in law does not have equal rights). If asylum grnated who can stay? Chances of getting asylum? My understanding is only the child applies so what about the parents? In any case child with DOCS.

4. If kids in DOCS provisional care would both parents be precented from leaving Australia until resolved?

5. I am assuming DOCS withdraw. So PRC national gets the kids back. In that case the asylum question arises. What if PRC national decides not to have the kids back, and UK national did the same? Where do the kids go then?

I am trying to understand all scenarios here. It is a total mess.