Proview220 Posted October 23, 2019 Share Posted October 23, 2019 Hi I have a question for the forum, My daughter has PR here in Australia, she is in the uk just now, she has a baby daughter who was born in the uk, and planning to come back to Australia, what visa will her daughter require? thanks Quote Link to comment Share on other sites More sharing options...
rammygirl Posted October 23, 2019 Share Posted October 23, 2019 The baby needs a child visa, they can take a few months to process. Your post raises a number of questions though. Is the travel portion of her PR visa still valid? Where and what Australian status does the baby’s father have? Quote Link to comment Share on other sites More sharing options...
Proview220 Posted October 23, 2019 Author Share Posted October 23, 2019 1 hour ago, rammygirl said: The baby needs a child visa, they can take a few months to process. Your post raises a number of questions though. Is the travel portion of her PR visa still valid? Where and what Australian status does the baby’s father have? She has two children to the same father he is English, one child was born here in Australia and the other child born in uk, They are getting Married in June 20 and he then wants to apply for a spouse visa. Her Travel on the PR has expired so she has already applied for another one. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted October 23, 2019 Share Posted October 23, 2019 Why wait until they get married? He can apply for a partner visa now if they have 2 kids. Good she has applied for an RRV Check if the child can be added to the partner visa. Quote Link to comment Share on other sites More sharing options...
Proview220 Posted October 24, 2019 Author Share Posted October 24, 2019 (edited) I thought he could only apply after they got married and has to be in Australia? if the option is there to apply onshore that's better for the family as she wants to be back here. would it be better to wait till my Daughter gets her RRV as he can't go anywhere till she gets it. Once my daughter gets her RRV her self and sone can return on one way ticket, its her 2 year old daughter and husband to be that concerns me would they need a two way ticket how does it work??? or do i need to see an Immigration person? Edited October 24, 2019 by Proview220 Quote Link to comment Share on other sites More sharing options...
rammygirl Posted October 24, 2019 Share Posted October 24, 2019 (edited) NO need to be married just need to prove they are a de facto couple. There are a number of options both onshore and offshore. The newborn will need a visa too. I would suggest consulting a MARA agent to establish the best way forward for the particular circumstances. Your daughter should do this ASAP. If funds are tight then she can just get the advice and do the actual applications herself. Edited October 24, 2019 by rammygirl Quote Link to comment Share on other sites More sharing options...
paulhand Posted October 25, 2019 Share Posted October 25, 2019 If she is in the UK and her visa has expired, she can't do anything for her baby or her partner until she gets the RRV granted, as she won't be a "permanent resident" until she has that. She would also need to be "usually resident" in Australia to sponsor her partner. As mentioned above, it would be worthwhile getting some professional advice on strategy. Quote Link to comment Share on other sites More sharing options...
Proview220 Posted December 9, 2019 Author Share Posted December 9, 2019 On 25/10/2019 at 08:51, rammygirl said: NO need to be married just need to prove they are a de facto couple. There are a number of options both onshore and offshore. The newborn will need a visa too. I would suggest consulting a MARA agent to establish the best way forward for the particular circumstances. Your daughter should do this ASAP. If funds are tight then she can just get the advice and do the actual applications herself. Hi My Daughter has just been granted her RRV must enter by Dec 8 2020. she will now be able to enter Australia on a one way ticket along with her son, however her Daughter who is two and her long term partner who she gets married to in June 2020 don't have PR. can they apply for spouse visa here in Australia? If so how would that work with a one way ticket, Is there ea way we can let Immi know what their intensions are? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted December 9, 2019 Share Posted December 9, 2019 23 minutes ago, Proview220 said: Hi My Daughter has just been granted her RRV must enter by Dec 8 2020. she will now be able to enter Australia on a one way ticket along with her son, however her Daughter who is two and her long term partner who she gets married to in June 2020 don't have PR. can they apply for spouse visa here in Australia? If so how would that work with a one way ticket, Is there ea way we can let Immi know what their intensions are? It's not illegal to enter on a tourist visa and then apply for a partner visa, however the Immigration Officer at the airport has to decide whether they trust her partner to do the right thing. If the officer has any suspicion that he might try to stay illegally, then he can be turned around at the airport. It would remove the anxiety if they apply for a Prospective Marriage Visa which would allow them to enter together, provided they get married within 9 months of arrival. Quote Link to comment Share on other sites More sharing options...
Proview220 Posted December 9, 2019 Author Share Posted December 9, 2019 (edited) 42 minutes ago, Marisawright said: It's not illegal to enter on a tourist visa and then apply for a partner visa, however the Immigration Officer at the airport has to decide whether they trust her partner to do the right thing. If the officer has any suspicion that he might try to stay illegally, then he can be turned around at the airport. It would remove the anxiety if they apply for a Prospective Marriage Visa which would allow them to enter together, provided they get married within 9 months of arrival. Hi Thanks for reply, they both get married in uk June 2020 then they wanted to come back at same time and apply for her husband visa, just not sure how the best way to go about it??? I see the 820 Subclass partner temp visa is an option, this states you must be in Australia when you apply, They need to come back at the same time due to my Daughter can enter no later than Dec 2020 Edited December 9, 2019 by Proview220 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted December 9, 2019 Share Posted December 9, 2019 48 minutes ago, Proview220 said: Hi Thanks for reply, they both get married in uk June 2020 then they wanted to come back at same time and apply for her husband visa, just not sure how the best way to go about it??? I see the 820 Subclass partner temp visa is an option, this states you must be in Australia when you apply, They need to come back at the same time due to my Daughter can enter no later than Dec 2020 So they are already in Australia? What visa is her partner on? Quote Link to comment Share on other sites More sharing options...
Proview220 Posted December 9, 2019 Author Share Posted December 9, 2019 (edited) 7 hours ago, Marisawright said: So they are already in Australia? What visa is her partner on? No they are in the Uk until they get married in June 2020, after they get married they want to return to live in Australia as a family. Im looking at what options they have for spouse visa but ideally one he can apply for once in Australia, would the 820 partner temp visa be an option? The question I'm asking is yes he can enter on his subclass 651 but would he be ok to come on one way ticket?? Edited December 9, 2019 by Proview220 Quote Link to comment Share on other sites More sharing options...
paulhand Posted December 9, 2019 Share Posted December 9, 2019 This comes up a lot, some of your questions are answered in this thread and the ones linked in it: Quote Link to comment Share on other sites More sharing options...
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