Perm Resident in Aus-Missing Family, Need Help to Get Them Here...

[Guest tobyhemming]

I am an Australian permanent resident (856) who returned to UK on receiving visa.

 

I then got married to an English girl, and had two children. I had to return before my five year visa expired and am trying to get my family on my visa so they can join me.

 

Unfortunately, immigration here in Sydney and back in London seem unable to give me any straight advice.

 

I was initially told if they applied in London, it would either move quickly or they would receive a bridging visa- I am now being told that no bridging visas are available outside Aus ?

 

I also cannot find out whether they should apply for medicals and security checks, and which subclass to apply for- PLEASE HELP !!!

[Guest Ladygray]

Hi Toby I am sure Gill or one of the other experts will come to your rescue very soon. I think it's a 309 or a 100 visa that your wife would apply for. I think if you have children they do the 100 visa as it shows you are 'committed'. Like I said I am sure someone will be along soon to better advise you, and I am sure you and your family will be reunited soon. good luck.

[Pumpkin]

I am an Australian permanent resident (856) who returned to UK on receiving visa.

 

I then got married to an English girl, and had two children. I had to return before my five year visa expired and am trying to get my family on my visa so they can join me.

 

Unfortunately, immigration here in Sydney and back in London seem unable to give me any straight advice.

 

I was initially told if they applied in London, it would either move quickly or they would receive a bridging visa- I am now being told that no bridging visas are available outside Aus ?

 

I also cannot find out whether they should apply for medicals and security checks, and which subclass to apply for- PLEASE HELP !!!

 

It seems clear to me that you should apply for a partner visa and the children can be added onto it as dependents. There is only one Partner Visa application, but DIAC will either grant the temporary or permanent visa. As you have children, it is possible that they will get the permanent visa straight away. Otherwise it will be a 2 year temporary visa that will automatically convert to permanent visa after two years providing the relationship is ongoing.

 

If your wife is still in the UK she cannot get a bridging visa. A bridging visa, as the name suggests, bridges the time gap between one visa expiring and the next one being granted. So as she does not have a visa at the moment she cannot get a bridging visa.

 

Partner Visa applications are supposed to move pretty quickly if lodged in London and assuming eveyrthing is straightforward. Yes it is sensible to do the police checks and medicals in advance for partner visas.

 

Good luck.

[Guest Gollywobbler]

Hi Toby

 

Welcome to Poms in Oz.

 

If your Wife applies for a Partner visa in London, with the children as her dependants, her application would be processed quickly - it usually ony takes a couple of months in London. In this situation, your wife would apply for the offshore Partner visa, which is the subclass 309/100 visa.)

 

Family - Visas & Immigration

 

Alternatively, your wife and the children could travel to Oz on ordinary 3-month e-Visitor visas in order to visit you. During the visit, your wife changes her mind and decides to apply for a Partner visa whilst she is onshore in Oz, again with the children as her dependants. In that siituation, she would apply for the onshore Partner visa, which is the subclass 820/801 visa.

 

Family - Visas & Immigration

 

If she applies onshore then a Bridging Visa A would come into effect automatically as soon as the tourist visas expire:

 

http://www.immi.gov.au/allforms/pdf/1024i.pdf

 

It takes quite a bit longer (minimum 6 months and it could be 8 months or more) for Partner visas to be granted in Oz. A huge number of applications are received and the people processing them are often pretty dopey and dim. The staff in London, on the other hand, are all Aussies as well but they are on the London gig - which is high profile, well paid and DIAC don't pay extra to send nitwits to London for up to 3 years!

 

If you decide on the onshore route, though, check out the cost of school/kindy fees in Oz first. Is it compulsory for a child in Oz to go to kindy? (I know it is compulsory for them to go to school but I think they go to kindy when they are about 3 and to school when they are 5.) If the children are in Oz on Bridging Visas and they are old enough for school, they would have to go to school, obviously, The chances are high that in NSW, you would be charged the International Student rate for the children's school fees (at least $5,000 AUD per child per year.) If kindy is optional then that might not be as expensive.

 

Please check with the NSW Dept of Education and discover the exact facts and figures from them regarding the children's education.

 

Cheers

 

Gill

[Guest tobyhemming]

Thanks to everybody- that was quick !

 

This is so frustrating, because I was told they could apply in London and be granted immediately (the house is sold and they are planning to head out in four weeks)

 

I was also told categorically that they should not apply for medicals or police checks before the application was made. I dont know if anybody else has this problem but several discussions with immigration recieve as many different answers.

 

So I am assuming that they come on three month holiday visas then apply here ? Does this create any problems with immigration in regards to 'intention' ?

[Pumpkin]

Thanks to everybody- that was quick !

 

This is so frustrating, because I was told they could apply in London and be granted immediately (the house is sold and they are planning to head out in four weeks)

 

I was also told categorically that they should not apply for medicals or police checks before the application was made. I dont know if anybody else has this problem but several discussions with immigration recieve as many different answers.

 

So I am assuming that they come on three month holiday visas then apply here ? Does this create any problems with immigration in regards to 'intention' ?

 

It is definitely advisable to get the medicals done and have the file decision ready by the time a case officer comes to look at it. Somebody applying for a skilled migrant visa is better off not doing the medical and PCC until asked, but it is different for partner visas because of the processing speeds.

 

Your family would have an issue with intentions if they come over on a tourist visa and that is why Gill suggested they come for a holiday but "change their mind". :wink: They would need to get a return ticket though if they do this, but to be honest there often isn't that much difference in price between single and returns is there.

[Guest tobyhemming]

OK thanks again.

I am still very confused, if they apply in UK will be a couple of months ?

If they apply here, the fact they came on Tourist visa may mean they don't qualify ? Change mind ? does that mean we would have to pretend we split up ?

[Pumpkin]

OK thanks again.

I am still very confused, if they apply in UK will be a couple of months ?

If they apply here, the fact they came on Tourist visa may mean they don't qualify ? Change mind ? does that mean we would have to pretend we split up ?

 

Parnter visas lodged in the UK seem to take a couple of weeks to perhaps a couple of months. I haven't seen many take much longer.

 

They cannot come to Australia with the *intention* of coming onshore to lodge a visa application. So the worst thing your wife could say when she attempts to clear immigration and is asked what the purpose of her visit is would be "I am moving here to join my husband and going to lodge my partner visa application next week". She would be on the next plane home if she did.

 

However Gill was suggesting that if they came to Australia with the intention of having a holiday but then were to have a change of heart and decided to make it more permanent by lodging the partner visa then this would not be against the rules.

 

And no you definitely don't want to pretend to split up, YIKES! I have no idea where you got that from but if you split up, or pretend to, your wife won't qualify at all!

 

I decided to add, if it were me I would lodge in London and just wait for the grant before getting on the plane.

[Guest Guest31881]

OK thanks again.

I am still very confused, if they apply in UK will be a couple of months ?

If they apply here, the fact they came on Tourist visa may mean they don't qualify ? Change mind ? does that mean we would have to pretend we split up ?

 

 

Hi Toby,

 

calm down and read through gollywobblers and Pumkins thread slowly.....

 

Arriving here on a visitor visa with the intention of staying is not allowed. However if she came for a holiday and DECIDED when here that she wants to stay and apply for a visa then that is possible.

 

Do not pretend you have split up, that would be disaster for visas.

 

Invite her over for a holiday, you never know she may decide to stay ONCE she is here.

[Guest tobyhemming]

Ok, thanks again all. Looks like they will have to apply when they are here.

I suppose I wonder how it works if we say we have an ongoing relationship but I came to Aus and then she came over to visit ?

Looking at the immigration laws as well it appears I need my RRV before I can sponsor.