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186 DE adding newborn


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Tricky situation -

Myself and my partner have been in Australia for 6 years now, (started off on working holiday then he got sponsored) applied for a 186 DE  in June 2017 - we were unable to apply for TRT as he had changed restaurants and had only been in his new position for 1.5 years at the time of submission (Exec. chef in charge of large restaurant). A few weeks after we lodged our application i found out i was pregnant and our son was born at the end of March. So we are just in the process of adding him to our application (had to wait 4 weeks for birth certificate) and from all the research i had done, i had assumed it would be fairly straight forward - submit a 1022 change in circumstances, along with his birth certificate and passport (when it arrives) and the gov website states that there is no fee to add a newborn to an already submitted application. Yesterday when we forwarded these documents to our migration lawyer he sent us 1023 incorrect information form which he had filled out with details of our son and said we needed to have his employer sign it to show that he knew about the additional applicant.  Today he informed us that while he would submit these documents for us, he was unsure if the department would accept them or not as some schedule 1 rules had changed in the past 12 months and that we would incur some extra fees $605 to dept to add a child to the application (his lawyer fees are roughly the same). But in the worst case scenario (whereby the dept does not accept our child as an additional applicant) we would have to apply for a child visa after our PR application is approved, which would be a further $2,000 plus lawyers fees.

I'm seriously confused... does this sound correct? And does anyone else know anything about the schedule 1 rules he refers to?

Many thanks for any replies!

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I'm not familiar with Schedule 1.  We have an employee on a 457 who has now applied for 186 TRT.  She's due to give birth in a couple of months and the migration agent said they will arrange to get the baby's 457 and then add them to the 186 application.  He said this doesn't have any additional visa fees to add the baby to the 186.  I'm not sure if a DE application is any different though.

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https://www.homeaffairs.gov.au/visas/supporting/Pages/189/if-you-have-a-newborn-child.aspx

 

On 23/05/2018 at 10:59, Aims2018 said:

Tricky situation -

Myself and my partner have been in Australia for 6 years now, (started off on working holiday then he got sponsored) applied for a 186 DE  in June 2017 - we were unable to apply for TRT as he had changed restaurants and had only been in his new position for 1.5 years at the time of submission (Exec. chef in charge of large restaurant). A few weeks after we lodged our application i found out i was pregnant and our son was born at the end of March. So we are just in the process of adding him to our application (had to wait 4 weeks for birth certificate) and from all the research i had done, i had assumed it would be fairly straight forward - submit a 1022 change in circumstances, along with his birth certificate and passport (when it arrives) and the gov website states that there is no fee to add a newborn to an already submitted application. Yesterday when we forwarded these documents to our migration lawyer he sent us 1023 incorrect information form which he had filled out with details of our son and said we needed to have his employer sign it to show that he knew about the additional applicant.  Today he informed us that while he would submit these documents for us, he was unsure if the department would accept them or not as some schedule 1 rules had changed in the past 12 months and that we would incur some extra fees $605 to dept to add a child to the application (his lawyer fees are roughly the same). But in the worst case scenario (whereby the dept does not accept our child as an additional applicant) we would have to apply for a child visa after our PR application is approved, which would be a further $2,000 plus lawyers fees.

I'm seriously confused... does this sound correct? And does anyone else know anything about the schedule 1 rules he refers to?

Many thanks for any replies!

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  • 5 months later...

You need to add the child to the current 457 to regularise their visa status. There is no Government fee to do this as the child automatically has the same visa status as the parents at birth. You just need to make the 457 section aware of the child.

You also need to update the 186 application with a change of circumstances as well as providing documents for the child. 

 

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