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1109842070

Issue regarding 101/309visa

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Hi everyone, I am a 189 pr holder currently. However, I do not plan to move to OZ in five years due to work. I wonder is my child available to apply for 101 visa after my pr expired(5 years later)?  I got a few friends in OZ who are willing to take care of my child. Is it possible to send my child(supposing he gets PR already) to my friends' house as homestay or guardian so that my child to attend primary school without me, while I am still in overseas working.  

Same issue with 309 visa, can my partner applies for 309 visa after my 189 visa expired which is the date when she submits the application?    

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I hope you have already visited Australia to activate your visa?  

Once your five years is up, you will have to apply for a RRV (Resident Return Visa) to enter Australia. 

If you have not lived in Australia during those five years, and you do not have a home or other close ties to Australia, your application will be refused and you will lose your 189 visa completely.   Therefore your partner and child will have no rights to apply for anything.

A job is not regarded as an acceptable excuse for not making the move within the five years.   The vast majority of migrants give up a job to move to Australia.

 

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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What do you mean activate? I have been to OZ before visa granted, but never be OZ after pr granted. So can I arrive OZ lets say 4 years later, after pr granted?

I also have one question in my first post. Can I  send my child to my friends to take care of? By that time, it is supposed that my visa has been expired already, but my child holds valid 101 PR. I wish he may attend primary school in OZ in his 6 years old. 

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2 hours ago, 1109842070 said:

What do you mean activate? I have been to OZ before visa granted, but never be OZ after pr granted. So can I arrive OZ lets say 4 years later, after pr granted?

I also have one question in my first post. Can I  send my child to my friends to take care of? By that time, it is supposed that my visa has been expired already, but my child holds valid 101 PR. I wish he may attend primary school in OZ in his 6 years old. 

You must visit Australia at least once before a certain date, which is on your visa.  That is called "activation".   If you do not activate your visa, it expires and you cannot get a renewal.

I do not know if your child will even be granted a 101 visa if you are not residing in Australia.  You need to check that first.

 


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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On your visa grant, there are two dates. One says must enter before. This is a date normally 12 months from the date you supplied medical or police check. You must make a visit to Australia by that date. 

You can not sponsor a partner visa if you are not living in Australia. 

The child visa can be applied for, but if you want to do this after the five year visa expiry, I would take professional advice. You also need professional advice about sending your child, even if they have gained a visa, without you. 

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11 hours ago, VERYSTORMY said:

On your visa grant, there are two dates. One says must enter before. This is a date normally 12 months from the date you supplied medical or police check. You must make a visit to Australia by that date. 

You can not sponsor a partner visa if you are not living in Australia. 

The child visa can be applied for, but if you want to do this after the five year visa expiry, I would take professional advice. You also need professional advice about sending your child, even if they have gained a visa, without you. 

I don't think the sponsor has to reside in Oz, when his partner applies visa 309. Where did you see it? As far as I can see, the department website only claims as long as you are pr/citizen you can apply for 309 for your partner.

 

 

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3 hours ago, 1109842070 said:

I don't think the sponsor has to reside in Oz, when his partner applies visa 309. Where did you see it? As far as I can see, the department website only claims as long as you are pr/citizen you can apply for 309 for your partner.

 

 

So have you activated your visa?


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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15 hours ago, 1109842070 said:

I don't think the sponsor has to reside in Oz, when his partner applies visa 309. Where did you see it? As far as I can see, the department website only claims as long as you are pr/citizen you can apply for 309 for your partner.

 

 

It's in the Migration Regulations. The definition of permanent resident for this purpose requires that the person is both "usually resident in Australia" and "is the holder of a permanent visa".


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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13 hours ago, 1109842070 said:

I will do it this year, not a big problem

Did you check the date?  Great way to waste a lot of money if not!


PR (100) granted 12 Nov 2018, validation Trip Feb 2019, planning to move to Perth Sep-Oct 2019!

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So I plan to get 101 visa, after my future child is born. My question now is after my child born 4 years later,  can I send him/her to my closest friend home. By that time, my PR is supposed to be expired and my child is still holding valid 101 PR. My friend can be my child's home stay and guardian, in the meanwhile, my wife and I can work overseas.  Is it feasible to do it that way?

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16 minutes ago, 1109842070 said:

So I plan to get 101 visa, after my future child is born

You can’t get a 101 for your child if you’re not ordinarily resident in Australia 


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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20 minutes ago, 1109842070 said:

So I plan to get 101 visa, after my future child is born. My question now is after my child born 4 years later,  can I send him/her to my closest friend home. By that time, my PR is supposed to be expired and my child is still holding valid 101 PR. My friend can be my child's home stay and guardian, in the meanwhile, my wife and I can work overseas.  Is it feasible to do it that way?

You may need to secure the services of a registered migration agent for such a complex issue.  If i'm reading your post correctly, your partner is not pregnant - and you are planning a child in 4 years time? 

If your visa expires - you potentially could not then live with your child in Australia.  


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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9 minutes ago, ali said:

You may need to secure the services of a registered migration agent for such a complex issue.  If i'm reading your post correctly, your partner is not pregnant - and you are planning a child in 4 years time? 

If your visa expires - you potentially could not then live with your child in Australia.  

A bit confusing as I read it as his partner is pregnant and he wants to send the child when it is 4 years old to live with a close friend while he and his wife work overseas.  Perhaps he can explain more clearly what he means.

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Just simplify the question then,   I want to send my child back to Oz when he/her is around 5 years old. By that time, both his parents' visa have been expired, while his child still has valid PR. Is it possible to send the kid to OZ's primary school, under his parent's close friend supervision(guardian and homestay)?

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5 minutes ago, 1109842070 said:

Just simplify the question then,   I want to send my child back to Oz when he/her is around 5 years old. By that time, both his parents' visa have been expired, while his child still has valid PR. Is it possible to send the kid to OZ's primary school, under his parent's close friend supervision(guardian and homestay)?

As Ali stated above, you may need to secure the services of a registered migration agent for such a complex issue.  

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