Necessary to Notify Immigration Department ?

[henryolonga]

Hello to all,

 

I have been granted 190 visa last month. In my application, my wife was a "non migrating family member" with medical situation of pregnancy, I am writing to seek information regarding notifying immigration department about child's birth after grant of 190 visa.

 

The activities (submission of EOI, invitation, nomination, payment of visa fee) of 190 visa were done when I (the applicant) was physically in Australia. On a bridging visa B, I traveled overseas. While overseas, the correspondence with case officer started and visa was granted. The visa has not been validated yet as I am still overseas.

 

Since the child was born overseas, after the grant, do I need to let the department know about the birth via form 1022 or something similar?

Basically, after doing some research, I am confused about which of the following is applicable in my case

 

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In Form 1022, a statement states that:

 

You do not have to notify the department of any changes in your

circumstances that occurred:

• after you were granted your visa (if you applied for your visa in

Australia); or

•after you have been immigration cleared (if you applied for

your visa outside Australia).

 

(Conclusion: Since I applied my visa from Australia, I DO NOT NEED TO NOTIFY THE DEPARTMENT)

 

===================================================================================================

 

From the regulations, it states as below:

 

Section 104 Changes in circumstances to be notified

 

1) If circumstances change so that an answer to a question on a non-citizen's application form or an answer under this section is incorrect in the new circumstances, he or she must, as soon as practicable, inform an officer in writing of the new circumstances and of the correct answer in them.

 

2) If the applicant is in Australia at the time the visa is granted, subsection (1) only applies to changes in circumstance before the visa is granted.

 

(3) If the applicant is outside Australia at the time the visa is granted, subsection (1) only applies to changes in circumstances after the application and before the applicant is immigration cleared.

 

(Conclusion: Since I have not validated my visa yet (i.e. "immigration cleared"), I NEED TO NOTIFY THE DEPARTMENT)

 

============================================================================================================

 

It would be great, if someone help me out with this..

 

Bundles of thanks in advance,

 

Regards,

Henry

Edited August 12, 2016 by henryolonga

[MaggieMay24]

Yes, AFAIK you need to notify DIBP of the birth of your child since you haven't yet entered Australia since your visa was granted.

[henryolonga]

Yes, AFAIK you need to notify DIBP of the birth of your child since you haven't yet entered Australia since your visa was granted.

 

Thank you so much for the reply.

I also think that there is no harm in letting the immigration department know about the child's birth, anyways

 

Since the correspondence regarding application was done with couple of (3 to 4) case officers (i.e. "Every time I received the email from immigration department, it was from a different officer), could you please advise to whom should I mention in my email or mention all of them?

(Note: In the last email before the email of grant of visa, one of the case officer asked me to let them know about the child's expected delivery date. That requirement was fulfilled by a letter from treating physician)

 

 

I am in a process to obtain the birth certificate from the concerned authorities. I will let the department know by early next week.

 

 

I thank all of you once again who provide so much help/assistance.

 

 

Kind Regards,

Henry

Edited August 13, 2016 by henryolonga

[rammygirl]

You may be in a bit of a pickle if you want to bring your wife and child to Australia as neither have a visa. You will need to apply for a partner visa and include the child on that.

 

If you had included your wife as migrating your visa could have been put on hold until the baby was born then included before the visa was granted, giving you all a visa.

 

i am assuming here that your intention is for everyone to move to Australia.

[henryolonga]

You may be in a bit of a pickle if you want to bring your wife and child to Australia as neither have a visa. You will need to apply for a partner visa and include the child on that.

 

If you had included your wife as migrating your visa could have been put on hold until the baby was born then included before the visa was granted, giving you all a visa.

 

i am assuming here that your intention is for everyone to move to Australia.

 

Thanks for the response.

 

Yes, the intention is for everyone to move to Australia.

Could you please advise if I apply for partner visa and include child on that? Does it mean I do not need to apply for a separate child visa (101) application?

 

OR

 

Do I need to apply for two separate applications (i.e. "Partner Visa" and "Child Visa") ?

Please also advise whom to address regarding notification of child's birth in case of multiple visa officer correspondence.

 

Thanks,

Regards,

Henry

[MaggieMay24]

She can apply for a partner visa and include the child as a dependent in her application. That way they're both granted a visa at the same time.

[henryolonga]

She can apply for a partner visa and include the child as a dependent in her application. That way they're both granted a visa at the same time.

 

Thanks for the comments.

 

Regards,

Henry