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445 Visa query


Ess

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My husband is currently in his 820 visa and we have about 2 months left until the 2 year mark where he will receive the 801 visa.

We want to bring his son here as we have just found out the mother is on drugs and alcohol and can’t look after him.

is there another type of visa we can apply for to get him here quickly?

if we apply for the 445 (off-shore) and then in 2 months my husband gets his 801 - would that make it invalid as I read we must apply immediately for a perm visa for his son straight away but if the 445 visa takes months - what can we do.

 

thank you. 

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2 hours ago, Ess said:

She has signed the paper plus we have proof Eg medical and court documents 

When you say court documents do you mean the courts have agreed that the child can be removed from the mother and the country?  A medical document saying she is on drugs etc is a long way off getting the child taken off her. The mother signing the usual document required by immigration is unlikely to be enough in such a case.  She would be classed as vulnerable with such medical problems and as such unlikely to be able to make clear and sound decisions.  I’d suggest you reach out to one of the agents on here, this may be a complex case. 

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23 minutes ago, Ess said:

Yes - we have court documents to be able to remove the child from the mother and country. She has also threatened to kill the child by text. 

It’s the court authority you need, and indeed what the Australian Immigration will insist on.  A threatening text won’t be relevant to immigration. You need to get a migrant agent on this ASAP.  They will advise you exactly what you need.  I’m a bit concerned that you may not have what immigration will require because everything I’ve ever read on here about getting permission from the courts to remove a child seems to take a very long time.  You’ve said you’ve just found out she’s on drugs etc yet you already have the court order that takes most a lot of legal input and court time.  Apologies if wrong but I really think you need to reach out to an agent for help re the visa and for clarification that what you have is what is needed.  

Edited by Tulip1
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