Flynster Posted October 22, 2017 Share Posted October 22, 2017 Hi, so my husband is from Perth, we have been married for 18months and have a 6 month old baby. We are in the uk at the moment as I wanted to be here to have the baby. However, now we want to emigrate to Perth to be near my husbands family. We need to go asap and are looking at January, reason being he has a mortgage to pay and we can't afford both rent and mortgage. We had a lot of trouble renting his house out and it only half covers the mortgage. Anyway my question is if we book return flights for me, and I have a Evisa is it possible we could still get sent back? And can I apply for the partner visa onshore after 3 months? What are our best options here, given we only have a few months and have to go. Many thanks in advance. Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Quoll Posted October 22, 2017 Share Posted October 22, 2017 You take a risk entering the country on a tourist visa when you aren’t intending to be a tourist! Your husband won’t be sent back and if your child had their Aussie passport they will be ok but you could be refused entry if you are intending to stay. Apply now then let your case officer know you might be going on a visit while you wait. Then leave before it is granted. Quote Link to comment Share on other sites More sharing options...
Flynster Posted October 22, 2017 Author Share Posted October 22, 2017 Ok, thank you.How will I know when it will be granted and how long will I have to be away from oz roughly? Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Guest Posted October 23, 2017 Share Posted October 23, 2017 Your child should have Aus citizenship by descent and therefore will have an Aus passport. So it’s only you needing to apply really. If your husband hasn’t got the citizenship and passport sorted yet, he needs to get on to it before you plan to travel. On shore should be ok but as has been said worse case scenario can happen re being denied entry. Many do go over on a tourist visa and apply onshore though. If you lodge onshore you can lodge anytime before the tourist visa expires. You don’t have to wait till near the end. Be aware onshore processing times are long and you would be on a bridging visa till it’s granted. If it would help you have a bit of peace of mind run your case past any of the agents on here to check it’s all possible You can also lodge off shore and processing times are quicker generally but it’s not a given. However don’t think it’s anywhere close to onshore timeframes. You could visit Aus on tourist visa while waiting for a grant the ln but would have to comply with the visa conditions and go off shore for a few days for the visa to be granted. Your CO would email you to arrange this when it’s due to be granted. Quote Link to comment Share on other sites More sharing options...
Guest Posted October 23, 2017 Share Posted October 23, 2017 (edited) It's super easy (and didn't take long for us) to apply for our child's citizen by decent citizenship certificate and then their passport. We did have to visit London in person for the passport. citizenship http://www.border.gov.au/Trav/Citi/pathways-processes/application-options/descent passport http://uk.embassy.gov.au/lhlh/Passports.html I was told by the customer service agent in person that a child who is eligible for a passport should travel on that when visiting/moving , rather than a visa. I take it you already have a UK passport for your baby? Edited October 23, 2017 by Guest Quote Link to comment Share on other sites More sharing options...
Flynster Posted October 23, 2017 Author Share Posted October 23, 2017 Hi, thanks for the replies.Ok, in regards to the citizenship for the baby, I have that all ready to be applied for, however, I changed my mind as I thought that if we did that it would look more obvious of our plans? But we can go ahead and apply for that if you think it's best? In terms of passport, yes we already have a U.K. One for the baby. Now if I were turned away at the airport, we would all come back together, I wouldn't be leaving my baby so is it worth worrying about the citizenship for him? What are the advantages of him having his already? To make things more complicated, I have 2 teenage sons also 17 & 18. Would it be better to leave them here with a relative and get them to come after I have lodged the partner onshore and add them when they come or all of us risk entering in January together? Summer of 16, i and my teenage boys came for 3 months. No one batted an eyelid at our open ended tickets then or questioned our intentions. At this point we weren't sure what we were doing and I did have an agent look over our application, of whom didn't think we would have much of an issue with getting a onshore partner visa at the time. So really our biggest issue is getting in at the airport? In terms of applying offshore, I realise this is the best option, but we can't financially afford to keep flying in and out and on top of that the teenagers lives are on hold, if they start courses or apprenticeships here then they will be pulled away halfway through. And again we'd struggle to pay for the husbands mortgage and rent here, even with 2 wages. And for me, childcare for the baby in the uk is an issue whereas in Australia we have my husbands mother for childcare. In terms of waiting times onshore, this isn't a huge issue, at least we will have only the mortgage to deal with on 1 wage, until I and the teenage kids can work. We have gotten ourselves in a bit of a predicament. Any advise is greatly received. Many thanks Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Flynster Posted October 23, 2017 Author Share Posted October 23, 2017 However, if we can apply offshore and still go in January and only have to exit for a few days for it to be granted, this might not be a huge issue alsoSent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Quoll Posted October 23, 2017 Share Posted October 23, 2017 (edited) The right way is to put in applications before you get there. Your two teenagers could be more of a problem especially if they start apprenticeships and are no longer dependent on you. They’re coming close to not being dependent anyway. You’d be wise to talk to an agent about your strategy for them. Put your application in now - you never know your luck, straightforward case, low risk country it could be quicker than you think. Definitely get the baby’s Aus passport. Benefits for him include full Medicare for starters. You only need to pop over to NZ for half a day to activate your visa when it’s issued. Edited October 23, 2017 by Quoll Quote Link to comment Share on other sites More sharing options...
Guest Posted October 23, 2017 Share Posted October 23, 2017 How is applying for citizenship an issue for your visa plans? If anything it makes it more straightforward IMHO. You should get the Aus citizenship by descent and Aus passport. It’s a perfectly normal thing to do for a child. Our son had his all sorted before he was a few months old. It won’t be an issue. If eligible it seems daft to not get it sorted. There is no need for the child to be included for a visa is there, they have a right to Aus citizenship from the off. I think you need to consult with a migration agent re your older children. I am not sure you can just add them to an application at a later date and there is the needing to prove dependency etc. Do they want to migrate to Australia with you? Tbh I see nothing wrong with applying on shore. It’s an option that Australia has and it’s not a no go to apply off the back of a tourist visa. Plenty do so. Just don’t rock up at the airport waving your evidence for your partner visa sort of thing. You could have it couriered over after you arrive and are certain you want to lodge an application. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted October 23, 2017 Share Posted October 23, 2017 (edited) 4 hours ago, Flynster said: Hi, thanks for the replies. Ok, in regards to the citizenship for the baby, I have that all ready to be applied for, however, I changed my mind as I thought that if we did that it would look more obvious of our plans? But we can go ahead and apply for that if you think it's best? In terms of passport, yes we already have a U.K. One for the baby. Now if I were turned away at the airport, we would all come back together, I wouldn't be leaving my baby so is it worth worrying about the citizenship for him? What are the advantages of him having his already? To make things more complicated, I have 2 teenage sons also 17 & 18. Would it be better to leave them here with a relative and get them to come after I have lodged the partner onshore and add them when they come or all of us risk entering in January together? Summer of 16, i and my teenage boys came for 3 months. No one batted an eyelid at our open ended tickets then or questioned our intentions. At this point we weren't sure what we were doing and I did have an agent look over our application, of whom didn't think we would have much of an issue with getting a onshore partner visa at the time. So really our biggest issue is getting in at the airport? In terms of applying offshore, I realise this is the best option, but we can't financially afford to keep flying in and out and on top of that the teenagers lives are on hold, if they start courses or apprenticeships here then they will be pulled away halfway through. And again we'd struggle to pay for the husbands mortgage and rent here, even with 2 wages. And for me, childcare for the baby in the uk is an issue whereas in Australia we have my husbands mother for childcare. In terms of waiting times onshore, this isn't a huge issue, at least we will have only the mortgage to deal with on 1 wage, until I and the teenage kids can work. We have gotten ourselves in a bit of a predicament. Any advise is greatly received. Many thanks Sent from my iPhone using PomsinOz When you came for a 3 month holiday you weren't accompanied by all your worldly goods, wee you? You would have looked more like someone on holiday. Its unlikely you would be refused entry,but possible. The baby is Australian and cannot have a visa You need to sort out citizenship and a passport. Your teenagers will need to be added to the application upfront, either as migrating dependents or as non-migrating dependents. You can't just ignore them and add them later. If you do apply onshire make sure you do it BEFORE the tourist visa expires, otherwise you get into all kinds of issues for being unlawful. Edited October 23, 2017 by Nemesis Quote Link to comment Share on other sites More sharing options...
Flynster Posted October 23, 2017 Author Share Posted October 23, 2017 Thank you for the responses. No we didn't have our worldly goods but I we won't this time either, I will get those shipped over after we are in the country. Happy to apply for the citizenship for the baby now. I assume both onshore and offshore are the same price? At least that's what the Australian government website says Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Quoll Posted October 23, 2017 Share Posted October 23, 2017 Is there a reason why you don’t put in your application for everyone offshore now? You’ve got time. Quote Link to comment Share on other sites More sharing options...
Flynster Posted October 23, 2017 Author Share Posted October 23, 2017 No, not especially, I think I'm just worried about having to wait here until it comes, which just isn't really possible. I need to speak to an agent and clarify that I can go in January and just leave for a few days whilst the visa is granted. I also have a lot of work to do if we are to get visas in soon [emoji27]Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Flynster Posted October 23, 2017 Author Share Posted October 23, 2017 Also I assume that if we do offshore, no one can work etc until the temporary one is granted? Whereas onshore, once the visa is in we can get a bridging visa to work? Or can we do that also with the offshore? Confused a little [emoji4]Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Guest Posted October 23, 2017 Share Posted October 23, 2017 No, off shore would mean no working rights till it was granted. On shore would only see the bridging visa kick in once the tourist visa expires. So you would still be unable to work till that point. If you are on a 3 month tourist visa it would be at the end of that time of you lodge onshore. Fwiw, it’s the Aus citizen who has to apply for the citizenship by descent and attend the passport interview. I don’t recall the non Australian having to do much other than sign a form or two. Certainly I didn’t need to attend the Aus high commission for our child’s passport interview. Quote Link to comment Share on other sites More sharing options...
Guest Posted October 23, 2017 Share Posted October 23, 2017 I’d be clarifying with an agent your children are still dependant on you and they can go on your visa application. If they are not you could face difficulties trying to get them over later. I assume they are both in full time education? Really ensure you are fully informed about all this. Quote Link to comment Share on other sites More sharing options...
Flynster Posted October 23, 2017 Author Share Posted October 23, 2017 No the eldest one is finishing his apprenticeship and that will be completed in January. The 16 (almost 17) has just finished school this year and would also like to do an apprenticeship but we need to leave in January so his life will be on hold for a few months. And ok added to the questions when I speak to an agent - thank you Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Guest Posted October 23, 2017 Share Posted October 23, 2017 Clarify if an apprenticeship counts as dependency. Also re your shipping. Only a valid substantial visa holder or an Aus citizen can sign the paperwork for the shippers to ship your belongings iirc. A tourist visa won’t allow you to be the one to sign off on it all as the shipper I don’t think. Your husband is going to need to do that. I had my partner visa when we shipped but let my Aus hubby sign off on it all. They wanted to see visa grant letter or Aus passport to ship. Quote Link to comment Share on other sites More sharing options...
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