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Life3Oz

Seeking Child Visa advice...101 or 802?

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Hello All,
 
Our child will be born in India in early July and we're having the baby through surrogacy. Both me and my husband are Permanent residents of Australia and citizens of India and live in Australia. We're seeking advice for the best and fastest possible way to bring the baby to Australia permanently in our circumstances.
One option is to apply for child visa 101 however we're worried about the the visa processing times mentioned on the website which is about 11-18 months. We might be able to apply for a visitor visa subsequent to the 101 application and come to Australia till the visa is processed and a decision is made by the immigration authority however staying away from Australia for more than 5-6 months will be extremely difficult for us as a family.
The other option which is also our preference is to do the onshore child visa 802 application however we're unsure if we'll be able to get a visitor visa for the baby without any conditions and then do the onshore visa application once the baby is here in Australia. If we're able to do the onshore visa application then we don't have to worry about the time required for visa processing.
 
If anyone can advice if they have been through a similar situation? how long it took for 101 application processing? or if anyone applied for baby's visitor and then done a 802 application onshore?
Any advice will be very helpful!
Thanks 🙂

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You need independent legal advice for this:  it is not the same as bringing your own biological child into Australia and you will have to provide much more information.  In fact, in some Australian states (NSW, Queensland and the ACT) it is illegal to make such an arrangement outside Australia.  You will find information here :

https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/by-descent/international-surrogacy-arrangements

 

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Hi Skani,

Thanks for your reply. 

We were aware of this and as we live in Victoria which allows engaging in surrogacy overseas, we went ahead with it. We sought help from an immigration lawyer however we were advised of both options of 101 or 802 hence I was seeking on the forum if anyone has been through similar situation and what worked best for them. We're aware about the additional documents regarding surrogacy that need to be provided with the application however if would like to know if documents like court order would also be required.

Many thanks!

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27 minutes ago, Life3Oz said:

Hi Skani,

Thanks for your reply. 

We were aware of this and as we live in Victoria which allows engaging in surrogacy overseas, we went ahead with it. We sought help from an immigration lawyer however we were advised of both options of 101 or 802 hence I was seeking on the forum if anyone has been through similar situation and what worked best for them. We're aware about the additional documents regarding surrogacy that need to be provided with the application however if would like to know if documents like court order would also be required.

Many thanks!

Was the lawyer MARA registered?     If you paid him for advice then he should have told you whether a court order was necessary for Immigration or not, so I would go back and ask him - you paid him after all

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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