Sassyninja Posted May 30, 2017 Report Share Posted May 30, 2017 We probably should have thought of this before, but.... I am trying to work out, what happens to my children if the worst should happen to both my husband and myself and there are no permanent family members in Australia? Is there some sort of visa that a Granny may then apply for if such a thing should happen? I would hate to uproot them again if such a thing should happen and send them back to South Africa? @Mara, I feel as though you may have a wise answer to this already. I hope Im right, haha. Quote Link to comment Share on other sites More sharing options...
wonderer Posted May 30, 2017 Report Share Posted May 30, 2017 Hi Sassyninja, That's been one of my biggest concerns all along and I'm a bit scared to voice it, as it feels that there are no ideal answers to the scenario, but would love to hear other's thoughts. I guess it would be better to ship them back than to have them end up in a system there. (On a lighter, tongue in the cheek bizarre note, I've been combing through the forum thinking - they seem like stable, good parents) - I'm really only joking; it is a real concern. Quote Link to comment Share on other sites More sharing options...
monsta Posted May 30, 2017 Report Share Posted May 30, 2017 That is a tough one. I would also like to know a more correct answer to that. I would assume its hard to get granny out here because she is likely to have more medical bills than a parent in their 30s. Also Granny probably can't work and contribute. Quote Link to comment Share on other sites More sharing options...
Shellfish Posted May 30, 2017 Report Share Posted May 30, 2017 Just a side note - I don't think being a 'god parent' is legally binding in terms of being legal guardians for children. You would need to get a will drawn up stating legal guardianship for your children should anything happen to yourself or your husband. 1 Quote Link to comment Share on other sites More sharing options...
Mara Posted May 31, 2017 Report Share Posted May 31, 2017 @Sassyninja oh dear, I am lost... this is one question that I do not really have an answer for. When we arrived in NZ, our eldest son was 23, so it was easy for us, we appointed him as guardian to our younger son of 17. The only suggestion that I have, is once you have made some good friends in Australia, who perhaps also have children, that you appoint each other as guardians. Just please ensure that your assets go into a trust, which your friends do not have access to. So, it would probably be a lawyer and he would dispense funds for the upkeep of the children. Money is a strange thing to just pass on to a friend, especially if they are big spenders. With regard to bringing Grandma here to look after them, I guess it would depend on the age of Grandma, but if she is on the older, side, are you happy to leave it up to her to make a decision about the children, should she die? To my knowledge there is no such visa available at this time. Perhaps @TeeTMI or @SD_MOA may inform us if there is anything you can do. The only thing I can say is, please do not put off making an Australian will, just because you do not have an answer! 2 Quote Link to comment Share on other sites More sharing options...
Jordy Posted May 31, 2017 Report Share Posted May 31, 2017 17 hours ago, Shellfish said: Just a side note - I don't think being a 'god parent' is legally binding in terms of being legal guardians for children. You would need to get a will drawn up stating legal guardianship for your children should anything happen to yourself or your husband. Shellfish is correct. Godparents and adoptive / foster parents are two completely different things. Please make sure that you have a will made up in Australia specifying exactly what you want to happen to your children and who should care for them. And it goes without saying ask the person first before if they are willing to be adoptive parents. The Will must be made up to care for them through a trust. But I feel for you because we went through the exact same thing before my MIL migrated. We had no one in Aus to take on the role and unfortunately it would have meant they would have returned to family in RSA. The one thing you don't want is for the courts to make the decision for you. 1 Quote Link to comment Share on other sites More sharing options...
Sassyninja Posted May 31, 2017 Author Report Share Posted May 31, 2017 Thanks everyone, that is what I was worried about. Will get on it. Unfortunately we dont have anyone that would be willing to take on children in Oz but they also wouldnt have a future in SA. Will get on the will asap. Quote Link to comment Share on other sites More sharing options...
Sassyninja Posted May 31, 2017 Author Report Share Posted May 31, 2017 Do you know if someone can manage the estate from SA? Quote Link to comment Share on other sites More sharing options...
Jordy Posted May 31, 2017 Report Share Posted May 31, 2017 1 hour ago, Sassyninja said: Do you know if someone can manage the estate from SA? Are meaning, "Can someone be an executor of the Will"? Not sure from a legal point of view. But assuming nothing legal prevents you from appointing a non-resident, I cant see how they would do it without coming to Australia on repeated visits? Wouldnt be very practical. Quote Link to comment Share on other sites More sharing options...
Sassyninja Posted May 31, 2017 Author Report Share Posted May 31, 2017 Yep - thats what I mean. Looks like we should stay in a padded room until kids are 21, and hope for the best. 2 Quote Link to comment Share on other sites More sharing options...
Eyebrow Posted May 31, 2017 Report Share Posted May 31, 2017 It is interesting how the same questions come up on the forum time and time again. When I started and was quite new to the forum, I felt like the questions I had was just mine and only I worried about them. I asked them and the forum members patiently answered them. I remember asking one about not being allowed to Braai with fire in Australia as I had heard this from a friend in RSA. And how I was told that wasnt the case. And how worried I was about snakes and spiders eating us when we landed at the airport and put foot down on Aussie soil! But since 2012 I have seen these questions repeat many times and now realized how patient people were when they answered me! I asked this very question as well. But to this one I have not found a satisfactory answer yet. I am still worried about that. I dont know where my kids will go. My family in RSA dont even want them! Never mind here in Aus. We dont have friends that are that close that they would take them... What to do? What I find encouraging though is that I am not alone in wondering about the answers to the same questions as people had before and people after me. I am glad not to be alone at least! We are the same. We have the same worries. 4 Quote Link to comment Share on other sites More sharing options...
Riekie Posted June 1, 2017 Report Share Posted June 1, 2017 If your children are not yet Australian citizens, they will be returned to family in their country of citizenship, regardless of who their godparents are - unless they are legally adopted by Australian citizens. We had the same concerns (our daughter was 11 when we arrived) and that's what we were told by the Public Trustee at the time. Quote Link to comment Share on other sites More sharing options...
Riekie Posted June 1, 2017 Report Share Posted June 1, 2017 Have a look here: (Page 17) https://www.border.gov.au/Forms/Documents/1128.pdf I also found this: https://www.border.gov.au/Trav/Life/Chil "Children born in Australia automatically acquire Australian citizenship if at least one parent is an Australian citizen or permanent resident at the time of the child's birth" So, essentially, the children would be allowed to remain in Australia if the above criteria is met, BUT if their legal guardian is not a permanent resident or citizen of Australia, that does not guarantee that they would be able to obtain that as a result. Digging a bit further... Quote Link to comment Share on other sites More sharing options...
Sassyninja Posted June 1, 2017 Author Report Share Posted June 1, 2017 Im seeing the Carer Visa... ? Allows a person to live in Australia permanently to care for, or help a relative in Australia care for, a family member with a long-term medical condition. Eligibility: You must be willing to provide, or help provide, care to your relative. Your relative must: have been assessed as needing care or have arranged an assessment with a designated health service provider not be able to get the care they need from another source in Australia be an Australian citizen, permanent resident or eligible New Zealand citizen. Length of stay: Permanently What you can do: You can: stay in Australia permanently apply for Australian citizenship (if eligible). Quote Link to comment Share on other sites More sharing options...
Sassyninja Posted June 1, 2017 Author Report Share Posted June 1, 2017 Only catch is: "you are sponsored by your relative or their partner." Unless we state that in our wills. hahaha Quote Link to comment Share on other sites More sharing options...
Riekie Posted June 1, 2017 Report Share Posted June 1, 2017 You have to be over 18 to be a sponsoring relative or partner... Only applies to medical conditions. Quote Link to comment Share on other sites More sharing options...
Sassyninja Posted June 8, 2017 Author Report Share Posted June 8, 2017 "There are special provisions for a sponsor under 18 years of age." as per https://www.border.gov.au/Trav/Brin/Pare They say they explain these provisions but cannot find them. Quote Link to comment Share on other sites More sharing options...
RYLC Posted June 8, 2017 Report Share Posted June 8, 2017 (edited) On 6/1/2017 at 11:15 AM, Sassyninja said: not be able to get the care they need from another source in Australia I think this will be the hard part too, depending on ages I suppose. Edited June 8, 2017 by RYLC Quote Link to comment Share on other sites More sharing options...
MichKen Posted June 8, 2017 Report Share Posted June 8, 2017 I have thought of this myself, and I was wondering if in Aussie law, can my 18 be made my 15 year olds legal guardian? This is what I would do in ZA in worst case scenario anyway.... Then, as we will be on a 489, can he qualify and apply for 887 PR with her as a dependent? I know he can on do so on his own, but I wonder if she will be viewed as his "child dependent" if he is her legal guardian and she is then over 16? My intention is to have this guardianship written into a will once we land. Quote Link to comment Share on other sites More sharing options...
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