DangerDave Posted September 10, 2014 Share Posted September 10, 2014 HI, Firstly i apologies I know this is the wrong thread but whenever i click on migration issues, it logs me out for some reason and cant post I wanted to run this by you helpful lot here first. I'm Australian citizen and my girlfriend is German. We have a 6 month old baby together, that is an Australian citizen as well through me. Currently we are living in Germany but we would like to go to Australia soon. She has never been there, so she would like to first check it out and see if she can live so far away from her family. we been looking into different visas for us to go down and of-course the main choice would be partner visa but the process is long and expensive, especially if she wouldn't like it and we would be going back in 6 months-1 year. The other option I found is WHV. She is not yet 30 ( she will be in January) I know you are not allowed to bring dependent children with you but what if the child is an Australian citizen already? so in that case the child does not need a visa and I would have a job so I would look after them both. I read that in this case its shouldn't be a problem to get WHV, but haven't found many cases like this on the net. Any help would be appreciated. Thank you David Link to comment Share on other sites More sharing options...
blossom Posted September 10, 2014 Share Posted September 10, 2014 It wouldn't be allowed. Your child is still dependent and with her, even if an Aussie citizen. If she isn't planning on working then I'd go for a tourist visa. Probably the six month one. Then hopefully in that time she will decide if she likes it, and you can apply onshore for the partner visa. Link to comment Share on other sites More sharing options...
Pumpkin Posted September 10, 2014 Share Posted September 10, 2014 The WHV is not an option, holders of this visa cannot be accompanied by a child at any time. Tourist visa might be better. Link to comment Share on other sites More sharing options...
oppyddrum Posted September 10, 2014 Share Posted September 10, 2014 What if the child lives in Australia already with the Australian parent? would the non Australian parent be able to get a WHV then? just curious really. Link to comment Share on other sites More sharing options...
blossom Posted September 10, 2014 Share Posted September 10, 2014 What if the child lives in Australia already with the Australian parent? would the non Australian parent be able to get a WHV then? just curious really. No Link to comment Share on other sites More sharing options...
Guest Posted September 10, 2014 Share Posted September 10, 2014 They are pretty clear. No dependants. If you are going to be the one working then as others have said, tourist visa is a good option. The legalities of the one parent taking a child to live in their country quite frankly scares me. Sure you may be rock solid in your relationship now but there is a whole heap of potential nightmares should you the not be and you disagree on where to live. Make it a 3-6 month holiday for you as a family. Work if you need to/want to for you all. Have return tickets and then see how you both feel once you are away from Aus and had time to reflect. Link to comment Share on other sites More sharing options...
Pumpkin Posted September 11, 2014 Share Posted September 11, 2014 What if the child lives in Australia already with the Australian parent? would the non Australian parent be able to get a WHV then? just curious really. This has already been answered, no. Link to comment Share on other sites More sharing options...
oppyddrum Posted September 11, 2014 Share Posted September 11, 2014 Did not see an answer to that specific scenario before i asked. now i know. Cheers Link to comment Share on other sites More sharing options...
Pumpkin Posted September 11, 2014 Share Posted September 11, 2014 Did not see an answer to that specific scenario before i asked. now i know. Cheers You explained the situation in your first post. All answers have said that a WHV holder cannot be accompanied by a child at any time. There is no need to go through scenarios, that is the rule for all. Link to comment Share on other sites More sharing options...
Quinkla Posted September 11, 2014 Share Posted September 11, 2014 Just in case you were wondering, you could probably get away with it during the validity of the WHV as nobody would know that your partner was accompanied by the child if you run the plan you suggested. But your problems would start if/when the application for a partner visa was lodged. It would then become clear that your partner had made a false statement to get the WHV and the partner visa could be rejected. Link to comment Share on other sites More sharing options...
DangerDave Posted September 11, 2014 Author Share Posted September 11, 2014 Thanks for your replies guys, much appreciated. Well I actually also spoke to a immigration officer about this and like I thought. it is possible to do it but we decided to apply for a partner visa from the start anyway. I will post his reply below, maybe it comes handy for someone at a later time. It's worth a try in my view. There are 2 risk areas: 1) The legislation says that the Minister must be satisfied that she is here as "seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia" - if the Minister thought that she was here as part of an intention to permanently reside in Australia, that could be a cause for refusal. 2) The legislation says she "will not be accompanied by dependent children during his or her stay in Australia" - to defeat this you could claim that the child is your dependent and not hers, however whether DIBP would buy this is a question. If you could provide evidence that the child is dependent on you, and not on your girlfriend, you might be able to get through this requirement. Bottom line: the stronger DIBP thinks your relationship is (with her), the more risk there is to the chances of getting a working holiday visa. But just the reverse is true with a partner visa - the stronger your relationship with her, the better the chance of getting a partner visa - however in your case the child will go a very long way towards eliminating any doubt about the genuineness of the relationship. The other option is a regular visitor visa, but this does not allow work and is for short-term visits only. Hope this helps - Best, Link to comment Share on other sites More sharing options...
blossom Posted September 11, 2014 Share Posted September 11, 2014 That response is not from an immigration official is it? They are talking as if they have nothing to do with immigration. And they are flagging up the exact same issues as we have pointed out. If you say they are not dependent and with you then that stuffs up your partner visa application. Link to comment Share on other sites More sharing options...
DangerDave Posted September 11, 2014 Author Share Posted September 11, 2014 my mistake this is a reply from an agent not officer Link to comment Share on other sites More sharing options...
blossom Posted September 11, 2014 Share Posted September 11, 2014 I've been given plenty of bad info by agents..... I've seen people lose visas through bad info from agents. They don't have the final say, immigration do. Link to comment Share on other sites More sharing options...
DangerDave Posted September 11, 2014 Author Share Posted September 11, 2014 Im aware of that and like i said we won´t go down that road, but for the sake the argument it´s good to get as many opinions as you can get. Link to comment Share on other sites More sharing options...
Pumpkin Posted September 11, 2014 Share Posted September 11, 2014 Thanks for your replies guys, much appreciated. Well I actually also spoke to a immigration officer about this and like I thought. it is possible to do it but we decided to apply for a partner visa from the start anyway. I will post his reply below, maybe it comes handy for someone at a later time. That is appalling advice. Link to comment Share on other sites More sharing options...
Pumpkin Posted September 11, 2014 Share Posted September 11, 2014 Im aware of that and like i said we won´t go down that road, but for the sake the argument it´s good to get as many opinions as you can get. For heavens sake. This does not need opinions. WHV holders cannot be accompanied by children. That is not an opinion that is the rule. Link to comment Share on other sites More sharing options...
DangerDave Posted September 11, 2014 Author Share Posted September 11, 2014 It doesn't state that you are not allowed to be accompanied with children at all. it states you can not be visited by dependents. If the child is my dependent e.g i have full custody rights and look after the kid 100%, then its not her dependent is it now? And if the kid has my surname, how would they know anyway if she applies for the visa, gets it and goes there by herself and we come on the next flight. they couldn't! And on top of it I also spoke to a person that done it and got away with it. So there is a chance there. Link to comment Share on other sites More sharing options...
jac2011 Posted September 11, 2014 Share Posted September 11, 2014 I think its very risky territory and when you obviously have a valid way of entering I think its almost fraudulent way of entering. Unless your partner is going to sign away all parental responsibility for this child then there is no way the child is solely responsible on you. It would be a very foolish thing for your partner to do. Link to comment Share on other sites More sharing options...
Pumpkin Posted September 11, 2014 Share Posted September 11, 2014 It doesn't state that you are not allowed to be accompanied with children at all. it states you can not be visited by dependents. If the child is my dependent e.g i have full custody rights and look after the kid 100%, then its not her dependent is it now?And if the kid has my surname, how would they know anyway if she applies for the visa, gets it and goes there by herself and we come on the next flight. they couldn't! And on top of it I also spoke to a person that done it and got away with it. So there is a chance there. It does state that the WHV cannot be accompanied by a child. It states that very, very clearly. What part of this is not clear enough for you: do not have a dependent child accompanying you at any time during your stay in Australia http://www.immi.gov.au/Visas/Pages/417.aspx Children have two parents and are the dependent of both parents. However I was not aware this was a discussion of whether somebody could get away with breaching visa regulations though. I thought this was a discussion about what is and is not legal. I would certainly concede that in some situations it might be possible for somebody to get away with breaching the visa regulations. Although in the case, where somebody is about to lodge a partner visa and will need to declare her dependents, it is not necessarily one of those cases. Link to comment Share on other sites More sharing options...
Pumpkin Posted September 11, 2014 Share Posted September 11, 2014 I think its very risky territory and when you obviously have a valid way of entering I think its almost fraudulent way of entering. Unless your partner is going to sign away all parental responsibility for this child then there is no way the child is solely responsible on you. It would be a very foolish thing for your partner to do. Even signing away parental responsibility will not make the child not hers though. Link to comment Share on other sites More sharing options...
blossom Posted September 11, 2014 Share Posted September 11, 2014 We have just been filling in forms, in Australia, as we are having a child. My partner has a daughter already. She lives with her mum, but in the eyes of centerlink she is still his dependent. Even on the visa forms you have to declare any dependants. My husband counted as my dependent on my visa, in the eyes of immigration when I came over. There is no way in hell they wouldn't consider your partners child as her dependent. Yes some people would get away with it, but if you are planning on getting a partner visa then you never would. Link to comment Share on other sites More sharing options...
Guest Posted September 11, 2014 Share Posted September 11, 2014 It doesn't state that you are not allowed to be accompanied with children at all. it states you can not be visited by dependents. If the child is my dependent e.g i have full custody rights and look after the kid 100%, then its not her dependent is it now?And if the kid has my surname, how would they know anyway if she applies for the visa, gets it and goes there by herself and we come on the next flight. they couldn't! And on top of it I also spoke to a person that done it and got away with it. So there is a chance there. Why on earth would any parent sign away parental rights when they are still in a relationship with their partner? I simply boggle anyone doing this. Or contemplating it. As I said, if you then break up it leaves your partner up **** creek without a paddle possibly and she would be daft to do anything like this IMHO. If my husband has suggested this as a way into Aus I'd have been furious he'd have even broached it. I really don't see why you or she would enter the country fraudulently or possibly committing fraud re the visa like this for the sake of a few months. Your partner can apply for a partner visa as that is what she is, or a tourist visa and you leave after a few months. A WHV is not an option you should be looking at for her. You are a couple with a child, be responsible and above board and don't encourage your partner to sign away parental rights on any level. Link to comment Share on other sites More sharing options...
Sammy1 Posted September 11, 2014 Share Posted September 11, 2014 This is such a daft thread. Bottom line is that it is not legal or acceptable for your partner to come on a WHV. Why would she need to anyway if she is just testing it out to see if she likes it here? Either she comes on a tourist visa or she applies for a partner visa. Pretty simple and legal. Link to comment Share on other sites More sharing options...
Sammy1 Posted September 11, 2014 Share Posted September 11, 2014 Why on earth would any parent sign away parental rights when they are still in a relationship with their partner? I simply boggle anyone doing this. Or contemplating it. As I said, if you then break up it leaves your partner up **** creek without a paddle possibly and she would be daft to do anything like this IMHO. If my husband has suggested this as a way into Aus I'd have been furious he'd have even broached it. I really don't see why you or she would enter the country fraudulently or possibly committing fraud re the visa like this for the sake of a few months. Your partner can apply for a partner visa as that is what she is, or a tourist visa and you leave after a few months. A WHV is not an option you should be looking at for her. You are a couple with a child, be responsible and above board and don't encourage your partner to sign away parental rights on any level. Absolutely, if she signed away all parental rights and then you two split up, she would not have a legal foot to stand on. I hope you do not persuade her to do that and that she has someone giving her good advice that looks after her rights too. In actual fact perhaps it is in her best interests to come here without the baby for a short period of time, that way if you decide you want to stay and she does not there is no problem with residence issues. Link to comment Share on other sites More sharing options...
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