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Dliemma-Visas expire December, child visa not granted yet... Help!


LadyCroft

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OK. So, we have JUST managed to sell our house after the last few years of static house sales here and we are planning on making The Move to Melbourne in October/November. Our issue is that we stupidly left it late to apply for our baby's Child Visa 101 and didn't take into account that the processing time would be 7 months. Our case officer said we can take our baby on a visitor visa then they will let us know when the visa is to be granted and we can take the baby offshore then return and the visa will be validated when we arrive back through Oz immigration.

 

I am worried that the visa might not be granted until December after our visas expire. What would happen in that case? Would it be likely that we could get a RRV in order to take baby to New Zealand and return to Oz for validation of the child visa?

 

THanks :arghh:

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Hi LadyCroft,

 

I am not an expert but a RRV visa usually requires you to have spent two of the last five years in Australia.

 

You may be able to get a subclass 157 visa which only lasts for 3 months but would suit your circumstances.

 

You have probably seen this already but on the DIAC website it states the criteria are:

 

You must:

 

  • have spent at least one day in the last five years lawfully in Australia
  • have spent less than two years in the last five years in Australia
  • have been a permanent resident or an Australian citizen for the entire period spent in Australia
  • provide evidence that there is a compelling and compassionate reason for your departure.

 

You certainly will meet the first 3 without question - as for the final point common-sense says 'yes' but I don't think anyone here can give you a definitive answer as DIAC will consider each case individually. How likely? I'd say 'very likely'? I would have thought your case officer would be the person to ask though.

 

Can you get a one year visitor visa for your baby? The longer you have been settled in Australia the more likely it is the RRV would be granted I think.

 

Congratulations on finally selling your house - it must have been an incredibly long and emotional journey for you and a baby along the way too!

 

Jules

 

 

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Hi LadyCroft,

 

I am not an expert but a RRV visa usually requires you to have spent two of the last five years in Australia.

 

You may be able to get a subclass 157 visa which only lasts for 3 months but would suit your circumstances.

 

You have probably seen this already but on the DIAC website it states the criteria are:

 

You must:

 

  • have spent at least one day in the last five years lawfully in Australia

  • have spent less than two years in the last five years in Australia

  • have been a permanent resident or an Australian citizen for the entire period spent in Australia

  • provide evidence that there is a compelling and compassionate reason for your departure.

 

You certainly will meet the first 3 without question - as for the final point common-sense says 'yes' but I don't think anyone here can give you a definitive answer as DIAC will consider each case individually. How likely? I'd say 'very likely'? I would have thought your case officer would be the person to ask though.

 

Can you get a one year visitor visa for your baby? The longer you have been settled in Australia the more likely it is the RRV would be granted I think.

 

Congratulations on finally selling your house - it must have been an incredibly long and emotional journey for you and a baby along the way too!

 

Jules

 

 

 

Thanks - I have not heard of the subclass 157 actually so thanks for that! Great to know.

 

The problem I potentially have is that our visas run out at the start of December and our Case Officer told us the child visa is likely to be granted in November/December at the earliest so it might be the case that we get visitor visa for the baby, arrive in Oz and the Child Visa 101 is granted in December after our visas run out. That would mean we would have a problem flying out of Australia and back in so the baby's visa is stamped on return to Australia. I guess we could apply for the 157 and hopefully myself or other half will get the visa so even one of us could go away for a couple of days with the baby and return to get the visa validated.

 

Thanks for replying. Great info :yes:

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