Baby on tourist visa

[HB2]

Hi, 

Please can somebody help us.  I am a Brit (with PR) and my partner is aussie.  Our baby girl was born outside aus but has a british passport.  I was advised to bring her into aus on a tourist visa then apply for citizenship by descent once we got here.  We have submitted the citizenship application but apparently it can take up to 4-5months which takes us into december or beyond.  Meanwhile, she is on a evisitor (subclass 651) which states on it that the length of stay is "3months from the date of entry".  It was granted on the 5th of July but we entered aus on the 20th July so technically she needs to leave and re-enter by the 20th of October.  Is this right?  Because on the immigration website i am told the visa is 12months in total.

Is there any way around this situation or must we seriously fly out and re-enter the country with our 8month old baby by the 20th oct?  There is no email address where we can ask such questions to immigration, the office in perth does not allow enquiries and the phone line was 132 people in the queue when i called, so I am really lost as to what to do next.  I don't want to get a fine or compromise the citizenship application due to breaking the rules but it seems absurd that a baby must leave and re-enter the country while we wait for her citizenship.

Any advice or words of wisdom from people experiencing similar issues would be greatly appreciated.

Thank you!

 

[Guest]

Its a shame you didn't apply for the citizenship by descent before leaving. IIRC they don't take as long if applying in London (not sure about elsewhere in the world). Our son's was back within a few weeks and passport sorted 2 weeks after that. All up, when my partner applied in UK it was about 6 weeks from applying for citizenship by descent to getting his Aus passport. 

The visa may be valid for a year but only for visits of three months at a time. From the gov website

This visa lets you visit Australia:

• to visit or for business visitor purposes
• for up to three months at a time within a 12-month period.

[Guest]

https://www.border.gov.au/Trav/Visa-1/651-

[HB2]

Thanks for the reply and yes I had intended to apply from the UK but due to some delays we were only there for 10 days. (She was not born in the UK)

Thank you for clarifying that yes we do indeed have to leave the country and re-enter.  It just seems ridiculous and very inconvenient.

[Quoll]

The advice always is not to arrive on a tourist visa if you aren't intending to be a tourist. Hindsight is perfect vision they do say. It's ridiculous and inconvenient for you no doubt but it's the law. 

[Nemesis]

8 hours ago, HB2 said:

Thanks for the reply and yes I had intended to apply from the UK but due to some delays we were only there for 10 days. (She was not born in the UK)

Thank you for clarifying that yes we do indeed have to leave the country and re-enter.  It just seems ridiculous and very inconvenient.

Its not ridiculous and inconvenient when used as it was designed  - ie for visitors - very few of whom would need to be in the country for more than 3 months. Having the time limit stops people trying to live in oz on tourist visas.

[HB2]

Thank you for the replies.  I was actually advised to bring her in on a tourist visa from the UK branch of the australian embassy.  They told me I did not have time to apply for citizenship from the UK nor to bring her in under my residency so I should apply for her to come as a tourist.  I was surprised and thought there would be a bridging visa or something but this is what I was advised.  I did not know until later about the 3month max stay at one time.  I would prefer to have 3month single stay and then apply for an extension than 3months then leave and re-enter but I am unaware how to extend.

[Nemesis]

4 hours ago, HB2 said:

Thank you for the replies.  I was actually advised to bring her in on a tourist visa from the UK branch of the australian embassy.  They told me I did not have time to apply for citizenship from the UK nor to bring her in under my residency so I should apply for her to come as a tourist.  I was surprised and thought there would be a bridging visa or something but this is what I was advised.  I did not know until later about the 3month max stay at one time.  I would prefer to have 3month single stay and then apply for an extension than 3months then leave and re-enter but I am unaware how to extend.

High Commission's are not known for accurate of information - they are only really call centre staff and only know the most basic info. Anything unusual like this and their knowledge is very suspect. Always better to check with a registered agent. 

There is no Bridging Visa as they only cover a period between one visa expiring and another being issued - and the child is not getting another visa. 

You can't apply for an extension, no such thing exists.