Newborn travelling to Aus on a E-Visitor, help needed.

[benny2009]

Hi

 

My friend, his wife and his 2 children are soon to fly back to Australia from the UK. Both the parents and 1 child have PR. However, the other child, a newborn in the UK hasn't. They plan to apply for the necessary PR / sponsor visa for the newborn onshore, in Australia because of time restraints.

However, they plan to apply for an E-visitor visa for the newborn so the little one can travel. Does anyone think that this may cause problems at Australian immigration?

 

Any advice would be appreciated urgently.

 

Thanks.

[Guest siamsusie]

Hi

 

My friend, his wife and his 2 children are soon to fly back to Australia from the UK. Both the parents and 1 child have PR. However, the other child, a newborn in the UK hasn't. They plan to apply for the necessary PR / sponsor visa for the newborn onshore, in Australia because of time restraints.

However, they plan to apply for an E-visitor visa for the newborn so the little one can travel. Does anyone think that this may cause problems at Australian immigration?

 

Any advice would be appreciated urgently.

 

Thanks.

If your child is born outside Australia, it is not automatically an Australian citizen or Permanent Resident. You will have to apply for a Child Visa (Offshore) (Subclass 101) which will allow you to bring him to Australia as a permanent resident:

http://www.immi.gov.au/migrants/family/c…

 

Benny I only found this on the net, so unsure if it is uptodate. Hopefully an RMA will advise you whether this is correct and whether you can obtain an emergency visa from London for the little one. Best wishes Susie:wubclub:

[wellieboots]

If baby has a British passport, I can't see any reason why you couldn't get an evisitor. But it may well cause questions to be asked at immigration, as it's fairly clear that a newborn baby is not just in Aus on holiday and going to go home in 3 months without his parents who are PR. Probably best to get the Child Visa in advance I think.

[Guest Mach]

Yep we're in a similar situation: Got PR and all ready to go, then we found out we're pregnant!

 

As far as the subclass 101 goes, I'm pretty sure it's an offshore application only. And having been messed around by Evans/DIAC for all of last year, I'm not super inclined to wait around and see where they move the goalposts next with a potential 101 application.

 

So it looks like we'll have the baby down in Perth. Even if we've been led to believe they generally process 101s pretty quickly as long as everything's ok with the medical, etc., it just feels like more of a risk to wait and have the baby in Europe. Crazy really, but the experience of last year's chopping and changing to the GSM programme puts a whole new perspective on it.

[wellieboots]

You can apply onshore for child visa as far as I know, but it's a different subclass.

We could potentially end up pregnant by the time we go as well (all being well!) but either way (whether we go before or after baby) because hubby is Oz citizen baby will be Oz citizen by descent even if born in UK so no need for Child visa.

[Guest Mach]

Ah, you mean subclass 802? (Child Visa (Onshore) (Subclass 802))

The thing that stumped me about the 802 was how you would give birth abroad and then get the child into the country to register them as an onshore applicant?!

 

I mean, if he or she was born in Australia to Australian citizens or PR holders, that would surely negate the need for a visa in the first place?! I suppose they could enter under a temporary tourist visa and then file an application onshore, but that sounds a little too "back-door" considering DIAC's usual levels of scrutiny. It all sound very odd, so I must be missing something highly obvious here...