Question

Asked by Jeremy from australia | Mar. 25, 2015 23:48

About:China Green Card (Permanent Residence Permit)

My son and i are australian citizens. Mother is from china here in australia as permanent resident

I have a small issue where just recently my Chinese partner had me arrested for domestic violence making false allegations as I had told her I was going to report her to centrelink as she had been defrauding them for the single parent payment and also she had falsely filled out a FORM 40 for sponsoring her mother who was immigrating to Australia and they had payed a AOS security bond and they had not asked me to sign the form where this is a requirement. We have been in a De-facto relationship since February 2011 to January 2015. We have traveled to China once and my son has an Australian passport which she has been trying to obtain from me but with no luck.

I have put an Alert Request with my sons details to Australian Passports and immigration and have reported her to all the relevant departments which are currently investigating. My question is would it be possible for her to obtain a Chinese Passport or travel document for my son through the Chinese Consulate without having his Australian Passport but she is in possession of my sons Australian Birth Certificate. I fear that she will flee Australia as she is now in $90,000.00 debt to centrelink and the Office Of State Revenue.

Can she leave Australia and is there anything I can do through the Chinese Consulate to inform them or stop her applications for visas or Chinese Passports for my son.

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Answers (2)

Answered by Franklin | Mar. 26, 2015 04:39

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Jeremy, as your partner is a permanent resident of Australia, you son was born to be an Australian rather than Chinese, according to the Chinese Nationality Laws. Therefore, she cannot apply for Chinese passport or travel document for your son. As for herself, she holds the Chinese passport, so she doesn’t need entry permit for mainland China. So what you can do is to stop the application process for your son’s entry permit. During the application, as the father, your passport is required for submission. So as long as you don’t give the passport to your partner, she cannot take your son out of Australia.

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Answered by Jeremy | Mar. 26, 2015 07:32

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Thank you so much for your wealth of knowledge on this particular issue. I sort of gathered that she could claim that she was in financial difficulty here in Aus which could aid her in making further false allegations to the chinese Embassy stating she can no longer support herself here in Australia which would mean she has to return back to china. The Australian Passport and Immigration Department also told me today that my Son would have to have some kind of travel document such as a "passport" before he could travel.

I have raised an emergency request through immigration here which means if his name comes up at the airport it would not go unnoticed. Secondly I can raise also here what is called an Airport Watch list document which would place him safely on this list meaning that if she was able to forge my signature in applying for a replacement Australian Passport once she would attempt to pass through customs in would be recognised. I'm frightened more or less because she could still change his name to a chinese name and eventually could fraudulently manage something, but by then our matter of parenting would have already reached the family law court here in Australia which the court will issue parenting orders for my son to spend a meaningful relationship with his father and control how she manages my sons time with myself and my family.

Thankyou I will be able to sleep tonight.

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