Child Visa Options???

Morning fellow Pommers!!!

I have a little dilemma,

My wife and I emigrated last year, leaving behind my 2 children from my previous relationship,

My 2 children have now came over for a holiday and my son (12yrs old) is adamant he wants to move over,

I remember having to get both kids a medical when going through the visa process for spouse visa subclass 100, but didn't really understand why as my kids weren't migrating with us not included in the application,

What are my possible options? Applying for a child visa? Should I just apply for both children as my daughter likes it here but doesn't want to leave her mum but will come for a holiday every year ranging from 3-6 weeks at a time?

Any info would be greatly received,

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Before anything, how does your former wife/partner feel about your son moving to Australia? Is she happy to give permission? And your son perhaps needs to have ongoing discussion that its not all holiday mode and that living in Aus away from everything he's ever known as a kid can be tough going. Its a big move to make is the thing.

If your daughter only wants to come for holidays at present, I'd not consider a child visa for her. Only if she would like to live in Aus. Once she turns past a certain age and a few other things the child visa route will be closed to her so you could always consider it at a later point before that time if she did perhaps want to try living in Aus when she is a bit older. At least then she'd have a few years to decide or could come over and stay for longer if it appealed.

Thanks Snifter,

Another question? My wife and our son got citizen through decent via his mum,

If I obtained my citizenship would my children be entitled to it through decent?

My son has been well advised that although he's on holiday, that normal life applies in Oz, we all work, he will join a new school etc, it's a weird 1, as my son has always wanted to live with me even back in the uk but his mother put a stop to it, and I didn't force the issue as there was no real proof he'd have a better quality of life, but obviously living in australia is an opportunity of a life time for most people and my children have the opportunity handed on a plate,

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I think you need to be sure your sons mother is on board with him moving over first That is will she give permission otherwise all the visa options etc. won't matter because you'll have to fight it through the courts to get him over.

Thanks Snifter,

 

Another question? My wife and our son got citizen through decent via his mum,

 

If I obtained my citizenship would my children be entitled to it through decent?

 

My son has been well advised that although he's on holiday, that normal life applies in Oz, we all work, he will join a new school etc, it's a weird 1, as my son has always wanted to live with me even back in the uk but his mother put a stop to it, and I didn't force the issue as there was no real proof he'd have a better quality of life, but obviously living in australia is an opportunity of a life time for most people and my children have the opportunity handed on a plate,

I'd not think they would be eligible for citizenship by descent as you were not an Aus citizen at the time of their birth. However, I've not read the small print recently but I don't recall that being an option that I've ever come across (I'm married to an Aussie and our son has dual citizenship so I have read the paperwork over).

The migration plan is a moot point unless your wife is happy to give her permission and sign off on the legal documents to allow your son to migrate to live with you.

FWIW, I don't think its the opportunity of a lifetime. Its a first world country same as the UK. I don't think its an instant better quality of life moving to Aus. Sure there are some better aspects, some worse (much of both will be lost on a 12 year old who has a very different view of the world). It sounds more like your son would rather live with you and you happen to be in Aus now, so he wants to move to Aus. Take the place out of the equation, he'd still want to live with you you say.

What did you declare them as on your partner visa application? Non migrating dependants?

Yup, they were both declared and NMD's but I still had to take them for Medicals for my visa process,

I knew that I'd have to cross this bridge at 1 point but wasn't sure what options I'd have?

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I think you need to be sure your sons mother is on board with him moving over first That is will she give permission otherwise all the visa options etc. won't matter because you'll have to fight it through the courts to get him over.

Hey Chicken,

Yeah his mother is on board but just, obviously she doesn't want to let her son go, she wants him to stay with her, as any mother would, but she says she'll do what's going to be the better long term option,

Without a doubt the schooling and outdoors activities are 2nd to none for children over here,

I still believe that it's a dream for some people to move over here and have the opportunity to live, but I agree with snifter, that the thought process on that is lost on a 12year old,

But as far as I've read, unless my son or daughter is a 'dependant' eg in full time education they would need to emigrate to Oz on their own merits rather than piggy back on my visa, hence why I thought maybe citizen through decent my be an option but didn't think the Oz immigration would leave that as a loop hole,

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The dependant part is the key thing. Your daughter (you don't mention her age) doesn't need a child visa if she is not going to migrate. If she does think she would like to you could then look into it before she hits the non dependant part and still age qualifies and then she would still have a few years in which to move once she had validated. But getting it now when she only wants to visit is a waste. If she doesn't move permanently it would lapse. And thats a lot of pressure on a kid who isn't keen IMHO.

How do the siblings feel about continuing to grow up apart in different countries? Honestly, the excitement of moving to Aus might have appeal to your son but does he realise what he is going to be giving up? Is there any chance he would wait a few years and finish his education in the UK, at least schooling and then you apply for the child visa and he moves over?

The other thing to consider is if he doesn't like it or is homesick once the novelty wears off or some such then its a big upheaval to go back again although if its sooner rather than later then it probably would be easier. Have a plan of action in place for this in case.

I think your best bet is to discuss with a reputable migration agent what the options are and if need be, pay for them to handle the application etc.

I cannot speak from personal experience but I have been told by many that the schooling in Oz is not second to none and that overall, the UK schooling is better. It may be of course you are thinking about private schools which are very good I believe. Not sure what the percentage is for children going to private school in Australia compared to the UK but I believe it is somewhere around the same percentage that attend private school in the UK that are in state schools in Oz (certainly from senior school upwards). If most attend private schools there then there is a reason for that, the state ones in general are not great.

Hello All!

It’s been a while!

An update on this thread, my son didn’t decide to come over to Oz, however we have a major issue now, my ex partner suddenly died, and i’m in the UK sorting out affairs, I’m at a lose in regards to my options now,

The visa details online state a child visa will take 12months plus when submitted outside Australian or even when submitted inside Australia. My plan is to take them back to Oz, i have no other choice obviously. But where does that leave me with schooling, medi care etc?

Any advice would be appreciated!

Thanks

Steven

6 minutes ago, StevenLozza said:

Hello All!

It’s been a while!

An update on this thread, my son didn’t decide to come over to Oz, however we have a major issue now, my ex partner suddenly died, and i’m in the UK sorting out affairs, I’m at a lose in regards to my options now,

The visa details online state a child visa will take 12months plus when submitted outside Australian or even when submitted inside Australia. My plan is to take them back to Oz, i have no other choice obviously. But where does that leave me with schooling, medi care etc?

Any advice would be appreciated!

Thanks

Steven

I don't have any useful advice but wanted to say how sorry I am for your kids and you.

If I was to have any advice it would be that given you want this out into some sort of normality as soon as you can it would be sensible to get in the phone to a migration agent and get their steer on the options you have available.

Good luck with it all, once again sorry to hear your families loss

I am really sorry about what you and your kids are going through. The Child Visa even though shows 12 month processing time. mostly gets granted soon. My daughters visa 3 years ago was granted in 2 months. If you decided to bring your kids on tourist visa you I think will be entitled to the reciprocal medicare? (I think) but not sure about the schools. The best thing is to apply for the child visa as soon as you can. 

1 hour ago, StevenLozza said:

An update on this thread, my son didn’t decide to come over to Oz, however we have a major issue now, my ex partner suddenly died, and i’m in the UK sorting out affairs, I’m at a lose in regards to my options now,

The visa details online state a child visa will take 12months plus when submitted outside Australian or even when submitted inside Australia. My plan is to take them back to Oz, i have no other choice obviously. But where does that leave me with schooling, medi care etc?
 

What a pickle.  I'd say your first step should be to consult a migration agent like @Raul Senise  or @paulhand. A good agent will know whether there are any special measures you can take, much better than wasting time asking around on forums and perhaps missing a better option. 

Best of luck

11 minutes ago, Marisawright said:

What a pickle.  I'd say your first step should be to consult a migration agent like @Raul Senise  or @paulhand. A good agent will know whether there are any special measures you can take, much better than wasting time asking around on forums and perhaps missing a better option. 

Best of luck

I second this. Contact a migration agent ASAP as they would be able to give you a quicker and better solution to handle this situation.