neilharrison_253 Posted July 6, 2012 Share Posted July 6, 2012 Hi I am hoping someone can shed some light as I am getting mixed messages. I was under the impression it was possible to enter Australia with a new born baby on a holiday visa and lodge a 802 visa while onshore. Reason going this route is two fold. We could not wait the 8 month turn around they were taking to process a 101 visa and if the visa took longer we would need to leave Australia to validate it anyhow. My issue now is I have just sent in a e-mail via the immigration system to be answered by UK Australia house and it has been suggested this is not the route to go as we may be declined entry to Australia as a holiday visa is not for what we intended to use it. Can anyone shed some light on this as am quite worried now. We fly in less than 8 weeks!! P.S. Myself, Wife and son already have PR 175 visa's Regards Quote Link to comment Share on other sites More sharing options...
walker2012 Posted July 6, 2012 Share Posted July 6, 2012 hi Neil, we are in the same situation so any info would be great, thanks lee Quote Link to comment Share on other sites More sharing options...
Peach Posted July 6, 2012 Share Posted July 6, 2012 I did it a bit of googling for similar threads on this and other expat websites. It seems your safest bet is to apply for the Child 101 visa offshore, then travel to Australia with the bub on a tourist visa. When the case officer is ready to grant the visa, you would need to make a short trip outside Australia (New Zealand) for example and then re-enter Australia on the child visa. (this process is identical for partner visas where the partner is currently offshore and wants to get to Australia before their partner visa is granted). Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted July 6, 2012 Share Posted July 6, 2012 (edited) Do not take advice from DIAC helpdesks - they are not qualified to give you the correct answer and not accountabloe for the wrong answers they give. Seek advice from a Registered Migration Agent. The etourist visa usually does not have the no further stay condition 8503 therefore you can apply onshore and be granted a bridging visa. Only the 8503 condition prevents lodging a visa application onshore. The reason people are refused entry to Australia on tourist visas if incase they intend to work - and It will be highly unlikely your baby will be breaching his visa conditions. You will both need new police checks. http://www.immi.gov.au/allforms/booklets/1128.pdf Speak to a RMA but many people lodge onshore applications from tourist visas. Edited July 6, 2012 by lebourvellec Quote Link to comment Share on other sites More sharing options...
neilharrison_253 Posted July 6, 2012 Author Share Posted July 6, 2012 Hi Been doing the same. Problem was that we did not want to go the route of having to leave aus to validate the visa!! quite a costly process. with the 802 being lodged on shore it was granted the same way so did cost additional cash for a short trip to say NZ.. What's getting to me is i had an e-mail from someone in diac saying it was fine but now that i need it can't find it!! Quote Link to comment Share on other sites More sharing options...
Peach Posted July 6, 2012 Share Posted July 6, 2012 (edited) The etourist visa usually does not have the no further stay condition 8503 therefore you can apply onshore and be granted a bridging visa. Only the 8503 condition prevents lodging a visa application onshore. The reason people are refused entry to Australia on tourist visas if incase they intend to work - and It will be highly unlikely your baby will be breaching his visa conditions. You will both need new police checks. http://www.immi.gov.au/allforms/booklets/1128.pdf Speak to a RMA but many people lodge onshore applications from tourist visas. This isn't true. The eVisa is a visitor visa and the expectation is that you are genuine visitor to Australia with a further expectation that you will leave - not use the visa to bridge from. Hence this is why it is acceptable to use a visitor visa as a vehicle to wait out a more substantive visa application - because you have to leave and re-enter Australia. None of the visitor visas are called 'tourist visas'. DIAC were correct to advise that there is a real risk of being turned back at border control, if the agent (is being an a$$hole) and decides that your child is not a genuine visitor to the country i.e. plans to stay. Edited July 6, 2012 by guest32487 Quote Link to comment Share on other sites More sharing options...
neilharrison_253 Posted July 6, 2012 Author Share Posted July 6, 2012 Hi, this sounds more promising now. Will contact one first thing Monday morning to get this cleared up as got myself somewhat worried over all this now.. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted July 6, 2012 Share Posted July 6, 2012 None of the visitor visas are called 'tourist visas'. . Are you "sure"?? As you already have conflicting advice from DIAC & Australia House - speaking to a RMA is what you should do. Quote Link to comment Share on other sites More sharing options...
Peach Posted July 6, 2012 Share Posted July 6, 2012 (edited) Are you "sure"?? As you already have conflicting advice from DIAC & Australia House - speaking to a RMA is what you should do. Awright 676 is a Tourist visa the rest are called visitor visas and they visa type for both is Visitor. But they all have the expectation that you are planning to leave Australia at the end of the visit. Not one is designed as a bridge to something more permanent - and it is a risk the OP needs to be aware of and consider. Edited July 6, 2012 by guest32487 Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted July 6, 2012 Share Posted July 6, 2012 [h=2]Extending your stay[/h] http://www.immi.gov.au/visitors/tourist/976/how-the-visa-works.htm An ETA cannot be granted while the holder is in Australia. ETA(s) cannot be extended. If you intend to extend your stay after arriving in Australia, you should allow at least two weeks before your ETA expires to apply for a different type of visa. A visa may be granted if you: have complied with the conditions of your ETA meet all the eligibility criteria for the grant of the visa for which you are applying. Quote Link to comment Share on other sites More sharing options...
Peach Posted July 6, 2012 Share Posted July 6, 2012 From the same visa: Obligations You must only intend to visit Australia temporarily for tourism purposes and you must not work. http://www.immi.gov.au/visitors/tourist/976/obligations.htm Quote Link to comment Share on other sites More sharing options...
wrussell Posted July 6, 2012 Share Posted July 6, 2012 Hi I am hoping someone can shed some light as I am getting mixed messages. I was under the impression it was possible to enter Australia with a new born baby on a holiday visa and lodge a 802 visa while onshore. Reason going this route is two fold. We could not wait the 8 month turn around they were taking to process a 101 visa and if the visa took longer we would need to leave Australia to validate it anyhow. My issue now is I have just sent in a e-mail via the immigration system to be answered by UK Australia house and it has been suggested this is not the route to go as we may be declined entry to Australia as a holiday visa is not for what we intended to use it. Can anyone shed some light on this as am quite worried now. We fly in less than 8 weeks!! P.S. Myself, Wife and son already have PR 175 visa's Regards Do NOT do it. You will kill your 175 visas with no assurance of any further visa being granted. May I suggest that you should most certainly consult a registered migration agent? Quote Link to comment Share on other sites More sharing options...
neilharrison_253 Posted July 6, 2012 Author Share Posted July 6, 2012 I have to agree. I have been over all the visitor/tourist visa's and dont see how a 4 month old would breach anything. Suspect i may need to get a RMA agent involved to settle this properly as only have a few weeks to lodge a 101 if im forced down that route Quote Link to comment Share on other sites More sharing options...
neilharrison_253 Posted July 6, 2012 Author Share Posted July 6, 2012 Hi Russel, based on what information do you say that. "My wife is flying with our baby son in ten days , he was born premature in the uk 2 days before we were due to fly so was not included in our visa and would have been born an Australian . He is coming out on a tourist visa , and we will then apply for a bridging visa till our sponsorship of him is granted which we were told will take 7 to8 months .my wife wasn't informed this was possible in the uk and he could be refused entry as he would have no intention of returning !! After a phonecall to the Brisbane office I was told it was possible and they emailed the forms to me with in the hour . But it still costs the same .so it is possible to bring a baby not on the visa ." This was a thread i found just now and seems to reflect it has been done.. Quote Link to comment Share on other sites More sharing options...
Peach Posted July 6, 2012 Share Posted July 6, 2012 Hi Russel, based on what information do you say that. "My wife is flying with our baby son in ten days , he was born premature in the uk 2 days before we were due to fly so was not included in our visa and would have been born an Australian . He is coming out on a tourist visa , and we will then apply for a bridging visa till our sponsorship of him is granted which we were told will take 7 to8 months .my wife wasn't informed this was possible in the uk and he could be refused entry as he would have no intention of returning !! After a phonecall to the Brisbane office I was told it was possible and they emailed the forms to me with in the hour . But it still costs the same .so it is possible to bring a baby not on the visa ." This was a thread i found just now and seems to reflect it has been done.. The issue is not has it been done but whether or not it fits in with DIACs published guidelines (it doesn't) so the additional risk is the border agent deciding to withdraw the babies visa on the grounds that he or she is not a genuine visitor. The doomsday scenario Westly is describing would only occur if you all applied for tourist visas - as they would cancel the PR out. Quote Link to comment Share on other sites More sharing options...
Rupert Posted July 6, 2012 Share Posted July 6, 2012 Hi I am hoping someone can shed some light as I am getting mixed messages. I was under the impression it was possible to enter Australia with a new born baby on a holiday visa and lodge a 802 visa while onshore. Reason going this route is two fold. We could not wait the 8 month turn around they were taking to process a 101 visa and if the visa took longer we would need to leave Australia to validate it anyhow. My issue now is I have just sent in a e-mail via the immigration system to be answered by UK Australia house and it has been suggested this is not the route to go as we may be declined entry to Australia as a holiday visa is not for what we intended to use it. Can anyone shed some light on this as am quite worried now. We fly in less than 8 weeks!! P.S. Myself, Wife and son already have PR 175 visa's Regards Tourist visas are for tourists, I would not take this risk. The "we could not wait for 8 months" argument might not hold much water, we all have to wait for our visas and Australian immigration might not understand why this should not apply to you. Quote Link to comment Share on other sites More sharing options...
neilharrison_253 Posted July 6, 2012 Author Share Posted July 6, 2012 In essence I agree. Work requirements were the driving factor in not being able to sit out the full 8 months. Why is it then that the 802 visa even exists if you are unable to enter on some form of a visa to even start the process off. It's to sponsor a child. How did this child enter Australia in the first place if not on a tourist / visitor visa. Am i missing something? Quote Link to comment Share on other sites More sharing options...
neilharrison_253 Posted July 6, 2012 Author Share Posted July 6, 2012 What you say regarding the border agent does make sense and add weight to lodging from here. Can i presume that once lodged here i.e. 101 visa while it's being processed you would be able to enter on a holiday / tourist visa? Quote Link to comment Share on other sites More sharing options...
Peach Posted July 6, 2012 Share Posted July 6, 2012 What you say regarding the border agent does make sense and add weight to lodging from here. Can i presume that once lodged here i.e. 101 visa while it's being processed you would be able to enter on a holiday / tourist visa? Read my first post in the thread :wubclub: Quote Link to comment Share on other sites More sharing options...
wrussell Posted July 7, 2012 Share Posted July 7, 2012 The doomsday scenario Westly is describing would only occur if you all applied for tourist visas - as they would cancel the PR out. That is what I though might have been intended and people have done this. In your circumstances there is probably a policy reason for a subclass 101 processing delay. Quote Link to comment Share on other sites More sharing options...
basil Posted August 6, 2012 Share Posted August 6, 2012 Just curious to know what option people decided to go for, the 802 or 101? I'm in a similar situation, baby due in december and plans to move in april. I called australia house london and they said baby going on a evisitor would be permissible (immi au says this visa is for tourism which includes recreation and visiting friends and family - which is pretty much all babies do right?!). We would book an onward flight (flexi) in prep for the validation trip. But now i'm looking at the 802 and despite being a little more pricey it makes me feel a whole lot more comfortable, but what visa do they expect a child to move from if not a visitor visa?! Quote Link to comment Share on other sites More sharing options...
flomelb Posted June 16, 2014 Share Posted June 16, 2014 Hello neilharrison_253! We are exactly in the same situation as you were! Can you please tell me how did you solved your problem with tourist visa and child visa? Quote Link to comment Share on other sites More sharing options...
blossom Posted June 16, 2014 Share Posted June 16, 2014 This post is two years old. You would be better off starting a new one and seeing what other people have done more recently. Quote Link to comment Share on other sites More sharing options...
Ben P Posted July 7, 2019 Share Posted July 7, 2019 Neil - I know this thread is years old but can you shed light on what the outcome was? My situation is me, wife and eldest son have PR’s (189) and we lived in Australia for 1 year before returning home. Since being home we have had a 2nd child and are trying to see if your route was successful in going for a visitor visa followed by an 802 on shore. I can’t fathom how any child could be in Australia to apply for an 802 OTHER than entering on a visitor visa like you said all them years ago. Quote Link to comment Share on other sites More sharing options...
basil Posted July 7, 2019 Share Posted July 7, 2019 Hi Ben, I sorted my daughter on a child visa in the UK before leaving. From memory they processed it very fast. It was a bit time consuming, sorting a passport etc first but I don’t recall any big delay in the process, I think I did it all within 6 months. Quote Link to comment Share on other sites More sharing options...
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