Baby born whilst on 457, PR granted 10 days later...Baby not included in PR app... What now?

Hi there,

Here's the situation we are in, our baby was born on the 25th NOV whilst we were both on a 457 visa. 10 days later we were granted PR. The case officer requested medicals and police clearances in which i completed my medical however my wife couldn't do her's as she was pregnant. The agent submitted a change of circumstances to inform the case officer she was pregnant. The baby came 4weeks early and she completed her medicals 2weeks later and 10days after the baby was born we were granted PR.

The baby wasn't included in the application and the agent has emailed the case officer to try get an answer as to why we were granted PR without acknowledging the baby had been born and to try get an answer which we still haven't heard from. The agent has responded today saying that we need to apply for a child visa as no response from the case officer means that they will not be revisiting the case.

Anyone have any advice on situation like this?

Regards

Mike

ha ha , us too, mind you was in 2004, I was on a 475, child born in the midst of applying for PR, so my 457 was invalid, had to interview face to face at the Rocks immigration in sydney, hilarious interview to apply for he bridging, Immigration officer was clearly embarrassed at the process as he had to ask about dependancies - My wife and Child, the form then went on to ask, why do I think I should be granted a bridging visa and why can't the dependants work for themselves. Not room spaces in the form to fill in a 2 week old child and a mum recovering from a quite difficult natural birth.

I'd arrange a face to face, this can be sorted in 10 mins at immigration provided you bring the necessary docs.

ha ha , us too, mind you was in 2004, I was on a 475, child born in the midst of applying for PR, so my 457 was invalid, had to interview face to face at the Rocks immigration in sydney, hilarious interview to apply for he bridging, Immigration officer was clearly embarrassed at the process as he had to ask about dependancies - My wife and Child, the form then went on to ask, why do I think I should be granted a bridging visa and why can't the dependants work for themselves. Not room spaces in the form to fill in a 2 week old child and a mum recovering from a quite difficult natural birth.

 

I'd arrange a face to face, this can be sorted in 10 mins at immigration provided you bring the necessary docs.

Things have changed a lot since 2004 unfortunately. You could even get Spouse visas over the counter in an hour in those days.

Almost certainly the baby will need a medical, and probably a separate child visa, as PR has already been granted, as per the agent's advice.

Hi there,

 

Here's the situation we are in, our baby was born on the 25th NOV whilst we were both on a 457 visa. 10 days later we were granted PR. The case officer requested medicals and police clearances in which i completed my medical however my wife couldn't do her's as she was pregnant. The agent submitted a change of circumstances to inform the case officer she was pregnant. The baby came 4weeks early and she completed her medicals 2weeks later and 10days after the baby was born we were granted PR.

 

The baby wasn't included in the application and the agent has emailed the case officer to try get an answer as to why we were granted PR without acknowledging the baby had been born and to try get an answer which we still haven't heard from. The agent has responded today saying that we need to apply for a child visa as no response from the case officer means that they will not be revisiting the case.

 

Anyone have any advice on situation like this?

 

Regards

 

Mike

Was the baby born in Australia?

Yes she was born in Perth.

Yes she was born in Perth.

Then by operation of the law, the child held the same visa as the parents (subclass 457) when it was born. Immigration needed to be notified of the birth, so that the subclass 457 visa could be issued to the child. Once identified on the Immigration system, the child could be added to the pending PR application.

Not enough information to pass judgment, but if Immigration was notified, it would appear that it is their mistake, which they need to address.

If your Agent is not getting any response form the case officer, they will need to take it further.