[Sotian]

This is our first message - we were hoping someone might be able to give some advise - We've filled out our e.o.i (140 points) and it is ready to submit.
I need to get my ex-husbands permission to take our eldest child (3 yrs old) - he has refused (we knew he would!) so we have applied to the court (Specific Issue Oder to remove child from jurisdiction). Our court date is 22nd September,and could possibly take 3 further months to be concluded if he doesn't agree.
We emailed the immigration office to ask if once we are invited to apply it takes longer than the 3 months time limit to resolve the court issue, would they be able to put our application on hold or would we have to start again. They replied to say it was up to the case worker at that time as to whether it could be put on hold till court issue resolved - very vague !!!

Has anyone been in a similar position? Any advise would be much appreciated !!

[jodieinchch]

sounds like a difficult one. sorry i can't be of help. good luck.

[Charlosparky]

This is our first message - we were hoping someone might be able to give some advise - We've filled out our e.o.i (140 points) and it is ready to submit.
I need to get my ex-husbands permission to take our eldest child (3 yrs old) - he has refused (we knew he would!) so we have applied to the court (Specific Issue Oder to remove child from jurisdiction). Our court date is 22nd September,and could possibly take 3 further months to be concluded if he doesn't agree.
We emailed the immigration office to ask if once we are invited to apply it takes longer than the 3 months time limit to resolve the court issue, would they be able to put our application on hold or would we have to start again. They replied to say it was up to the case worker at that time as to whether it could be put on hold till court issue resolved - very vague !!!

Has anyone been in a similar position? Any advise would be much appreciated !!
We thought we would have this situation but in the end our son's father agreed to the move.

You could submit EOI as even if it gets selected straight away (say 2-4 weeks) , they will send you an ITA 1-2 weeks after. Then you have 4 months from the date of ITA issue to return it. They normally say on the letter that you can return it incomplete to meet the deadline only if there are "one or two documents outstanding" which we did at 3months and 3weeks (cutting it fine!) - I was waiting for my electricians licence for another 4 weeks, but in your case could be your court's decicision.

So you really have almost 6 months (4 weeks EOI processing + 4months ITA + 4weeks for outstanding docs) to get your court's decision, before you have to ask your case office to put you on hold.
Do you have a job offer? They unofficially have an express stream for applicants who do, and i'm sure they would be 'most' heplful in that case.

Personally I'd go for it. :nice1

[Sotian]

We thought we would have this situation but in the end our son's father agreed to the move.

You could submit EOI as even if it gets selected straight away (say 2-4 weeks) , they will send you an ITA 1-2 weeks after. Then you have 4 months from the date of ITA issue to return it. They normally say on the letter that you can return it incomplete to meet the deadline only if there are "one or two documents outstanding" which we did at 3months and 3weeks (cutting it fine!) - I was waiting for my electricians licence for another 4 weeks, but in your case could be your court's decicision.

So you really have almost 6 months (4 weeks EOI processing + 4months ITA + 4weeks for outstanding docs) to get your court's decision, before you have to ask your case office to put you on hold.
Do you have a job offer? They unofficially have an express stream for applicants who do, and i'm sure they would be 'most' heplful in that case.

Personally I'd go for it. :nice1


Thanks for that info - Jon hasn't got a job offer - he's a Senior Software Developer so from what we can gather he should gain work pretty quickly-but it's catch 22 - it would seem he can't seriously look for a position until we have a PR date. Hopefully my Ex will give up after the first court date as solicitor said it's totally stacked in our favour as she is only 3 yrs old so has no significant relationship with him. But who knows - our court system is a minefield !!!
Cheers for your time

[Charlosparky]

Forgot to say welcome to the forum :cheers
Thanks for that info - Jon hasn't got a job offer - he's a Senior Software Developer so from what we can gather he should gain work pretty quickly-but it's catch 22 - it would seem he can't seriously look for a position until we have a PR date.
You are right about catch 22. I was lucky in that I had a job offer from a Kiwi in NZ who used to work for me years ago in the UK, but had his own business when I applied, so gave me a job offer. He has since sold his business and we since decided to settle in a different town so I applied to every company and agency there for a job with no luck. However, I re-mailed them last month saying I had PR and was coming in 8 weeks- and suddenly started getting replies and subsequently got a job offer. It seems they arn't really interested until they know you are definitely on the way. Don't worry, it WILL come together!

[Sotian]

Forgot to say welcome to the forum :cheers

You are right about catch 22. I was lucky in that I had a job offer from a Kiwi in NZ who used to work for me years ago in the UK, but had his own business when I applied, so gave me a job offer. He has since sold his business and we since decided to settle in a different town so I applied to every company and agency there for a job with no luck. However, I re-mailed them last month saying I had PR and was coming in 8 weeks- and suddenly started getting replies and subsequently got a job offer. It seems they arn't really interested until they know you are definitely on the way. Don't worry, it WILL come together!

Yeah - seems once PR granted people are finding jobs quite easily - so we're pretty relaxed about that. Just this court case thats the issue for us,hopefully ex will give up along the way - but he seems pretty determined to contest it even though solicitor says he has no real case. GOOD LUCK with everything - not long now! How exciting ! Where you heading?