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Migrate with 190 Skilled Nominated visa, a child born outside Australia and a 101 Child visa


laolao

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Good morning,

In 2015 my wife and I were granted a Skilled Nominated (subclass 190) visa. Conditions of these are as follow:

    Must Make First Entry to Australia Before: July 2016
    Must Not Arrive After: 20 July 2020

We entered Australia before July 2016 to active our visas but later we decided to migrate to USA. Now we want to pursue our initial plan to migrate to Australia but have some doubts:

    1) Given that we fulfilled first requirement (first entry before Jul 2016) and we would be migrating before Jul 2020 (second requirement), I don't think there is any issue with this plan. What do you think?
    2) We had a child in the USA. Would it be possible to apply for a Child (subclass 101) visa? Have been reading its requirements:

    A Child visa (subclass 101) lets an eligible parent sponsor their child to live in Australia indefinitely. The parent can apply on behalf of a child younger than 18 years of age.

    To get this visa, the child must be:
    * sponsored by their parent or their parent's partner
    * single
    * younger than 18 years of age.

    An eligible parent is:
    * the holder of an Australian permanent resident visa

    Children born outside Australia must either:
    * apply for a permanent visa to live in Australia (if neither parent is an Australian citizen)

    Who can sponsor a child:
    You do not need to be in Australia at the time of application. You can still be a sponsoring parent if you:
    * entered Australia in the past but are outside Australia when you lodge the application
    * have been granted your Australian permanent resident visa but have not yet entered Australia.

    I understand that because my wife and I had 190 visas (which are Permanent Resident visas) and my child and we seem to fulfill all above requirements there would not be any issue to apply.
    
    Regarding, processing times I found:
    75 per cent of applications processed: 11 months
    90 per cent of applications processed: 16 months

    Given that we're 2 years of last entry date, if we start preparing the application now we could get the visa for our child even with the worst processing time.
    
Hopefully someone has been in the same situation and can shed some light on this. Any help would be appreciated. Thanks!
 

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