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applying for child visa, outside or in australia?


Weneedsomesun

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my family and I will be moving to Australia in December. I have a permanent visa and my wife has citizen through decent. I received my visa in march 2015 and visited OZ the next month to activate the visa. my wife unexpectedly fell pregnant while I was going through the visa process and we had a beautiful daughter born in December 2015. we had to put plans on hold when she fell pregnant and put our move back. we will now be moving to OZ on the 7th December 2016. we have been looking into the visa for my daughter and have found it more confusing then my own. from being told it was a 3 month wait if we do it here (UK) to now being told its a 12 month wait. with been told not to go to OZ and start the process there and then in the same breath told to get a visa sub class 600 which is just a visitor visa and start it in OZ. even trying to complete the forms is becoming a mine field. form 40ch asking what our rent in Australian dollars and how long with lived in Australia. the forms seem more for people already in Australia.

 

because of time scale we really don't know what to do. we will be going in December and would like some advice on if we should start the process now or wait till we arrive there. my wife's parents are already in Perth and have spoken to the department of immigration out there and the advice they give compared to the department of immigration in the UK is totally different.

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I recently read that the child visa applications lodged in London are being processed very quickly these days. I would lodge offshore as soon as possible and ouch wood you would have it by the time you want to move.

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with been in touch with them here in the uk on 4 separate occasions and over the phone they said the online times are out of date and the current time period is between 8 to 12 months leading to our problem of getting said visa before we leave. they told us to start process now and take her out on a tourist visa 600 and pay for it to be a year and just come out the country when the visa is granted. I don't understand if that's ok why I can not get the visa 600 and start the process while im out there.

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with been in touch with them here in the uk on 4 separate occasions and over the phone they said the online times are out of date and the current time period is between 8 to 12 months leading to our problem of getting said visa before we leave. they told us to start process now and take her out on a tourist visa 600 and pay for it to be a year and just come out the country when the visa is granted. I don't understand if that's ok why I can not get the visa 600 and start the process while im out there.

Because the 600 is a tourist visa not a visa to enter on then apply for residence. If you lie and say you are just being a tourist when quite obviously you are not, you can be turned around at the border. Just start the application process in London and if it arrives in time then you're all set but if it hasn't arrived then go on a tourist visa and leave the country to activate it once issued (NZ isn't that far)

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Congratulations on the arrival of your daughter and your foresight in planning to bring your family to Australia.

 

Is the visa application for your daughter born Dec 2015, or for another daughter from a previous relationship?

You mentioned that your wife has citizenship through descent. Is that Australian Citizenship?

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Is the visa application for your daughter born Dec 2015, or for another daughter from a previous relationship?

You mentioned that your wife has citizenship through descent. Is that Australian Citizenship?

 

I've just read the other earlier thread which confirms your wife's Citizenship does not not meet the two year Australian residency requirement to pass on her status to your daughter.

 

Therefore in my opinion I would recommend lodging an offshore application (AH/101 Child) at your earliest convenience. It would most likely be resolved/granted by your intended time of travel but if not, you can apply for a 12 month Visitor (subclass 600) visa for your daughter's entry to Australia. As advised by others you can travel offshore and return (eg Bali or NZ holiday) when DIBP advise that the 101 visa is ready for grant.

 

In order to be granted a subclass 600 visa you need to consider the 'genuine visitor' issue. DIBP are reluctant to issue a 600 if the applicant is seeking to use it to obtain residence by lodging an onshore application for another visa, whereas if you have already lodged an offshore visa application (eg 101) DIBP are more comfortable issuing a subclass 600 visa as they know you must go offshore at some stage in order to satisfy the grant conditions for the 101 visa. In other words your daughter is a genuine visitor if she comes to Australia for a visit, then leaves as all good visitors do. The fact that she returns from her holiday as a Permanent Resident with a 101 visa keeps everyone happy.

 

In summary the 101 path (followed by 600 only if necessary) is likely the most time and cost efficient path to take, and provides maximum travel flexibility for your family.

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