Getting Australian Residency for rest of my family as overseas born and besiding Aust Citizen

[nicko41]

I was born in the UK, and have been an Aust Citizen since 2000.

 

Since 2002 I have been living in the UK where I currently reside, I am married and have 2 children.

 

Can anyone comment on the process of getting residency from the rest of my family.

 

Any advice appreciated

[Nemesis]

I was born in the UK, and have been an Aust Citizen since 2000.

 

Since 2002 I have been living in the UK where I currently reside, I am married and have 2 children.

 

Can anyone comment on the process of getting residency from the rest of my family.

 

Any advice appreciated

 

Sponsor your wife for a Spouse Visa and check whether the children are already Australian. If not, they can go on the Spouse Visa as dependents.

[Ahmad Shady]

I was born in the UK, and have been an Aust Citizen since 2000.

 

Since 2002 I have been living in the UK where I currently reside, I am married and have 2 children.

 

Can anyone comment on the process of getting residency from the rest of my family.

 

Any advice appreciated

 

 

Hi Nicko41

 

The question here is how did you obtain Australian Citizenship. Are you a citizen by birth (Born in Australia), by conferral, or by descent (born overseas to Australian Parent(s))?

 

If by descent, have you spent two years in Australia at least?

 

If the answer is citizen by birth, conferral, or descent AND spent two years in Australia, you can register your children as Australian citizens by descent.

 

You will need to sponsor your wife for a partner visa (309/100).

[nicko41]

Hi Nicko41

 

The question here is how did you obtain Australian Citizenship. Are you a citizen by birth (Born in Australia), by conferral, or by descent (born overseas to Australian Parent(s))?

 

If by descent, have you spent two years in Australia at least?

 

If the answer is citizen by birth, conferral, or descent AND spent two years in Australia, you can register your children as Australian citizens by descent.

 

You will need to sponsor your wife for a partner visa (309/100).

 

I am a dual national Britain & Australian, I was born in UK and then lived in Australia 96-02 during which time I became a perm resident and a citizen, so I guess conferral. My wife is British and my children were both born in Britain

 

What would be my chances of the spouse visa and would she be entitled to work etc?

[Ahmad Shady]

I am a dual national Britain & Australian, I was born in UK and then lived in Australia 96-02 during which time I became a perm resident and a citizen, so I guess conferral. My wife is British and my children were both born in Britain

 

What would be my chances of the spouse visa and would she be entitled to work etc?

 

So you are a citizen by conferral, which means your children are entitled to citizenship by descent, which you need to apply for.

 

Your spouse will most likely get the permanent visa without going through the provisional, since you have been together for 2+ years AND have children.

 

She will be entitled to work, Medicare, and access to citizenship after fulfilling residency requirements.

[nicko41]

So you are a citizen by conferral, which means your children are entitled to citizenship by descent, which you need to apply for.

 

Your spouse will most likely get the permanent visa without going through the provisional, since you have been together for 2+ years AND have children.

 

She will be entitled to work, Medicare, and access to citizenship after fulfilling residency requirements.

 

Thanks for that, so how long do you think a permanent visa application would take to process? I guess once approved you have an amount of time to enter the country?

[Ahmad Shady]

Thanks for that, so how long do you think a permanent visa application would take to process? I guess once approved you have an amount of time to enter the country?

 

For a British national, the current service standards are 5-6 months.

 

She will need to enter at least once while her character and health checks are valid.

 

e.g.: You lodge the application today, then she does the medical checks in - say - October, and provides the Police certificates in November.

 

Health and Character checks are valid for one year, so if the visa is granted in February, she'd have till October (earliest health and/or character check she did) to make first entry

 

She does not need to move permanently on that date. She just needs to go through Australian immigration counter at any port of entry, even if she turns around and takes the first flight back.

 

Besides the first entry condition, she'd have an entry validity for 5 years from visa grant date, whereby she can enter as many and often as she pleases.

[Nemesis]

For a British national, the current service standards are 5-6 months.

 

She will need to enter at least once while her character and health checks are valid.

 

e.g.: You lodge the application today, then she does the medical checks in - say - October, and provides the Police certificates in November.

 

Health and Character checks are valid for one year, so if the visa is granted in February, she'd have till October (earliest health and/or character check she did) to make first entry

 

She does not need to move permanently on that date. She just needs to go through Australian immigration counter at any port of entry, even if she turns around and takes the first flight back.

 

Besides the first entry condition, she'd have an entry validity for 5 years from visa grant date, whereby she can enter as many and often as she pleases.

Reality though is at least 8-12 months at present.

[Ahmad Shady]

Reality though is at least 8-12 months at present.

 

True, Service standards are indicative, not obligatory. The department tries to finalise 75% of applications within the service standard. Also given that London processes visa applications not only from the UK, but also from several other countries (e.g. Ukraine, Russia, etc.), it is under a heavy load.