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Help with child visa (subclass 101)

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Guest

Hi

 

I am applying for a 101 visa for my youngest son. He was born after the rest of the family had obtained & validated our PR visas. So unfortunately we have to go through the complicated process of getting him is own PR.

 

I was wondering if anyone else had doen this themselves recently? I have the 40CH and 47CH forms filled in. I am the sponsor as I was the main applicant on our original visas.

My question is does my husband (also childs father) need to complete form 1229 to say he has parental responsibility?

 

We are a straight forward family unit (1st marriage for both and 2 of our own childen) and are all emmigrating together. Both of out names are on the child's birth cerftificate. On reading the 40CH form it looks like my husband does need to fill out a 1229 form but when I downloaded the 1229 it says it is for parents with Parental responsibility who are not emmigrating to australia.

 

Hope this make sense. My head is aching with it all & the more I read the forms the more confused I get. :arghh:

 

Thanks in advance.

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Guest MM2Melb

I would email your original case officer or contact Australia house to double check exactly what to do. This should get you advice straight from the horses mouth and minimise hassle (the visas are expensive enough to more than justify some communication!). Hope it is not too complicated for you :-)

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should get you advice straight from the horses mouth

 

The parties you mentioned are the wrong end of the horse.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Guest MM2Melb
The parties you mentioned are the wrong end of the horse.

 

 

I think it is really poor that you make negative, passive aggressive comments on here without offering help. Are you touting for paid business or trying to provide useful information?? You sure wouldn't jump to mind if I needed an agent for something which required "*professional* assistance" lol.

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Guest
I would email your original case officer or contact Australia house to double check exactly what to do. This should get you advice straight from the horses mouth and minimise hassle (the visas are expensive enough to more than justify some communication!). Hope it is not too complicated for you :-)

 

Good idea. It's complicated so best to get professional advice. Thanks

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I think it is really poor that you make negative, passive aggressive comments on here without offering help. Are you touting for paid business or trying to provide useful information?? You sure wouldn't jump to mind if I needed an agent for something which required "*professional* assistance" lol.

 

Passive? Agressive? If you meant aggressive, you might want to consider whether the terms are mutually exclusive.

 

It was useful information. See this:

 

http://www.pomsinoz.com/forum/migration-issues/130602-help-use-agent-not-2.html

 

I am willing to concede that if you get the right person in the DIAC, you will get the right answer, although they are not supposed to give migration advice. By phoning a DIAC 'help line' repeatedly is often possible to receive different answers to the same question.

 

The information published by the DIAC and the OMARA (same mob) is false and misleading. For example, they publish the percentage of applicants for various visa classes whose applications were lodged by RMAs, but not the relative success rates and not the percentage those who took no advice at all from a RMA.

 

OMARA publications leave available the inference that clients can expect to pay less if they have done part of the work themselves. My response to such requests is - do the rest yourself. My way or the Highway. You don't have to like my advice, you just have to take it, or you get your file back.

 

Many (not all) POMS do not need the full services of a registered migration agent to manage their cases, but they are all well advised to seek an initial assessment and possibly some professional advice about strategy and that is what I tell them..

 

BTW

 

There is only one subclass of visa for which I do not have 100% success rate with finalised visa applications over nearly 9 years and then it was only one refusal, which might have been OK had the client decided to proceed to the MRT where I have won all my cases finalised by the MRT, except one where the client withdrew.

 

 

 

Have a good one.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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I think it is really poor that you make negative, passive aggressive comments on here without offering help. Are you touting for paid business or trying to provide useful information?? You sure wouldn't jump to mind if I needed an agent for something which required "*professional* assistance" lol.

 

Sorry to hurt your feelings, but the fact of the matter is the ex-CO wouldn't be interested and would tell you that he doesn't know about 101 visas. You would be asked to contact DIMA or the embassy.

 

Unfortunately, the 101 visa can only be applied for at your local embassy/high commission. It seems that they have the final say as well, and thus DIMA doesn't want to give full details. There was a discrepancy between what the officer at the Aussie embassy in Bangkok and DIMA told me, and when I asked for the name of the DIMA officer (so as to get to the bottom of it with the embassy officer) they never replied again. It's a total nightmare compared to eVisa.

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Guest MM2Melb

It is not actually that complicated, there is no question of whether the child warrants a visa - the family have been approved based on one or both parent's credentials/qualifications. the child is part of the original family unit. Given that it is the Australian government's visa, and that they administer approval, they should be able to provide advice, whether free of charge or for the cost of a premium rate phone call.

If you have experience of applying for the visa, surely it would be much more helpful if you would provide it to the original poster! I don't see why I would have hurt feelings?? By Australia house I meant the Australian embassy in London as I presume the op is in the UK.

Ultimately while the application might be a bit of hassle - not too much if the op has all the right info - there is no way that this visa will be turned down so why scaremonger?

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Guest

Wrussel I appreciate what you say in your 2nd post that your job is to help people with thier applications and that you earn your living by doing this. However this is a migration forum and I thought it might be a good place to get advice from anyone in a similar situation.

 

We originally did our subclass 136 application ourselves as we were advised by Visabureau to do just that due to the simplicity of our application. We quickly received our Visa & PR but have not yet moved to Australia. We have since had another child hence the application. I believe it is a fairly straight forward application as the rest of the family has PR and the child's father, my husband is still my partner & migrating with us.

 

I simply don't want to get the application wrong and waste months with it coming back & forth. I cannot justify another £700 for someone to help with 1 simple question....although I can see why others do use an agent.

 

Anyway, I'm going to phone Australia house today so will report back when I have an answer.

 

Thanks for the replies

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Guest

Ok I have my answer from Australia house.

 

As we are one family unit she does not think we will need to complete a 1229 form. Simply a letter from my husband saying that he is happy and that we are all migrating togther will be sufficient. Once they look us up on the system and see that my husband & myself both have PR they should be satisfied and happy to provide the visa for my son.

 

I got a nice quick reply from Australia house. I was in a queue for about 5 minutes so all quite simple enough. :biggrin:

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It is not actually that complicated, there is no question of whether the child warrants a visa - the family have been approved based on one or both parent's credentials/qualifications. the child is part of the original family unit. Given that it is the Australian government's visa, and that they administer approval, they should be able to provide advice, whether free of charge or for the cost of a premium rate phone call.

If you have experience of applying for the visa, surely it would be much more helpful if you would provide it to the original poster! I don't see why I would have hurt feelings?? By Australia house I meant the Australian embassy in London as I presume the op is in the UK.

Ultimately while the application might be a bit of hassle - not too much if the op has all the right info - there is no way that this visa will be turned down so why scaremonger?

 

To put things into perspective, I do not have experience applying for the visa (yet), so I don't have concrete advice to offer. Baby is due in two weeks. However, I've been researching this for months (and I'm no newbie when it comes to dealing with DIAC), so just wanted to say that it's not so easy as it should actually be (and as any person with common sense would presume it to be)!

> There is no way that this visa will be turned down.

Agreed. But the processing times given are very long, so it could easily interfere with one's plans to migrate.

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I got a nice quick reply from Australia house. I was in a queue for about 5 minutes so all quite simple enough. :biggrin:

 

I am glad to hear you got your answer from Australia house without much hassle. Did they tell you anything about current processing times? Please update once you got the visa. All the best!

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Hi,

 

We are in a similar position to you. Myself my wife and kid are on my already received 176(PR) visa which we must validate by October 2012. My wife is due our 2nd child on February 12th 2012. We need to apply for a Child Visa 101 and the DIAC site says 7 to 8 months processing time. Do you have an idea of how long it might take from your own experience?

 

We thought we could easily add our new born to my 176 PR visa so got a shock when we found out that a brand new visa at £1400 is required.

 

Is Australia House decent enough at answering questions over the phone or by email...what is your experience?

 

Thanks

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Hi, we applied in May 2011 and are still waiting for the visa to be granted. Was told it would be between 7-8 months and they seem to be sticking to their word (well at least I hope so now that we are at the 7 month stage).

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Thanks for your reply. Good luck getting visa this month or next and let me know the outcome when it happens

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Guest JenL
Hi, we applied in May 2011 and are still waiting for the visa to be granted. Was told it would be between 7-8 months and they seem to be sticking to their word (well at least I hope so now that we are at the 7 month stage).

 

Hi Maria, i would also be interested in the outcome of your visa or when it comes through - I have also applied for the child visa 101, in August 2011, and they also told me 7-8 months for processing, it's been nearly 4 months for me. CO requested my medicals and police checks in Sept 11 and they were sent to CO in Sept 11. So its just a case of waiting now.........

 

Did you go through a migration agent, or did you lodge it yourself?

 

Good luck! :smile:

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Guest

I wasn't given processing times by Australia house. But Go Matilda migration agent told me that they only process the child visa in batches throughout the year which is why it takes so long. They said expect it to be 9 months.

 

Smitsav, I called Australia house. I was on hold for about 5 minutes or so before speaking to someone. They cannot really give concrete answers to everything, rather a guide as I think it is up to each individual case officer as to whether they have the evidence/information they need to process the application.

 

Does anyone know whether our children could enter the county on a tourist visa whilst waiting for the 101 to be approved? I know there is a risk that the 101 not approved but I would have thought in straight forward cases that the risk is very low.

 

We are kicking ourselves for not delaying our original visa application until after we had had our 2nd child, but you love & learn huh? Better get it sent off ASAP otherwise we'll never get over there!

 

Good Luck to you all.

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Hi, we are here in Australia. We brought our daughter over on a etourist visa with the permission on our case officer. We will get notice when our visa will be issued and then have 28 days to leave Australia. Once outside Australia he will grant the visa and our daughter will have PR on her entry back into Australia. We didn't have any problems at immigration, they were lovely.

 

I did double check with the case officer that there was nothing wrong with our application and that it would definitely be granted. Only thought about this a week away from flying. :eek:

 

We didn't use a migration agent, it is straight forward case.

 

Good luck

Maria

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Guest
Hi, we are here in Australia. We brought our daughter over on a etourist visa with the permission on our case officer. We will get notice when our visa will be issued and then have 28 days to leave Australia. Once outside Australia he will grant the visa and our daughter will have PR on her entry back into Australia. We didn't have any problems at immigration, they were lovely.

 

I did double check with the case officer that there was nothing wrong with our application and that it would definitely be granted. Only thought about this a week away from flying. :eek:

 

We didn't use a migration agent, it is straight forward case.

 

Good luck

Maria

 

Wow thanks Maria, that is really good to know. I hope we have an understanding CO like you! So will you pop to NZ or Asia or something?

 

I really appreciate your reply :biggrin:

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Hi no problem, glad I can help. Yes we were thinking of Fiji but my husband has a job now so a quick trip to NZ it is now.

 

If I had realised it would take so long to get this type of visa (rather than the 3 months that is within the IMMI charter) we would have come to Australia and applied for an onshore visa. I know it is more expensive initially but you don't have the added cost of travelling outside Australia to get the visa granted, so it is probably cheaper and less stressful in the long run.

 

 

 

 

Wow thanks Maria, that is really good to know. I hope we have an understanding CO like you! So will you pop to NZ or Asia or something?

 

I really appreciate your reply :biggrin:

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Guest

Hmmm, interesting point. But do you have a year to validate the 101 Visa?

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Hi,

 

Visa 101 is cheaper and shorter to obtain when lodged outside Australia. It has a 3 months processing time when lodged outside Australia and costs $1995 - http://www.immi.gov.au/about/charters/client-services-charter/visas/5.0.htm

 

My wife is due February 12th and we need to validate our GSM visa 176 by October 14th. So if I'm organised and get the application sent for the visa 101 as soon as the baby is born say the 1st March to leave time to get the passport sorted we should have it back by June. We want to fly September so it's tight but I think it might be better than waiting and taking the baby over with a tourist visa and then applying onshore for the visa 101 which is more expensive. Any thoughts on the best options?

 

Thanks

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Hi, we arrived in Australia when our visa was at the 6 months stage. We were always quoted the 7-8 months processing by our case officer and he stuck to his word - seven and half months we have been told he is at grant stage and needs us to leave Australia for 3 days for granting. Applied 5 May 2011, visa pre-grant 20 December 2011.

 

Also, (for SmitSav) we quoted the charter of 3 months and were told something along the lines of that is out of date, they can only grant so many visas each month. The onshore maybe more expensive but you don't need to leave Australia if you turn up there with your baby on a tourist visa. Wish we had taken this route.

 

Good Luck everyone and Merry Christmas.

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Dear All

 

It is informative thread.

 

I am also in same situation like annalg. I got my (my wife and my son) visa (PR- visa class 175) done in Feb 2011 and we validated it (me, mywife and my son) in September 2011. In august 2012 we are blessed with baby and now we need to arrange for her visa under child visa subclass 101.

 

I have gone through requirements. Below is the check list, please advise i missed somthing

 

Form 40 CH and 47 CH.

As annalg said earlier instead of 1229 form you need a letter from your wife that you are migrating togther ( if I am a main sponsor). If you can send the lettr format it will be great.

Police checks( Will it be for both me and wife) PLEASE CLAIRFY

Medicals for child ( do i need to do it at the time of application or when the case officer ask - Please advise

financials support- Will payslips from my present employers works- Please advise

 

PLEASE ADVISE IF I MISSED SOMETHING.

 

thanks everybody in this forum

 

Regards

 

Anurag

 

 

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Dear All

 

It is informative thread.

 

I am also in same situation like annalg. I got my (my wife and my son) visa (PR- visa class 175) done in Feb 2011 and we validated it (me, mywife and my son) in September 2011. In august 2012 we are blessed with baby and now we need to arrange for her visa under child visa subclass 101.

 

I have gone through requirements. Below is the check list, please advise i missed somthing

 

Form 40 CH and 47 CH.

As annalg said earlier instead of 1229 form you need a letter from your wife that you are migrating togther ( if I am a main sponsor). If you can send the lettr format it will be great.

Police checks( Will it be for both me and wife) PLEASE CLAIRFY

Medicals for child ( do i need to do it at the time of application or when the case officer ask - Please advise

financials support- Will payslips from my present employers works- Please advise

 

PLEASE ADVISE IF I MISSED SOMETHING.

 

thanks everybody in this forum

 

Regards

 

Anurag

 

 

 

 

Hi Anurag,

 

I am also in the same situation as yours. I am an Australian PR holder residing in India. I want to apply for offshore child visa for my new born. I am currently filling out this Form 40CH for my Child Visa. There is a statement in the form mentioning:

 

" The sponsor gives a written undertaking to provide support for the child, including accommodation and financial assistance as required to meet the child’s reasonable living needs during their first 2 years in Australia, or the 2 years following the grant of the child’s visa if the child is applying in Australia ".

 

What does the written undertaking in the above statement means? As I have not migrated to Australia, how can I provide the accomodation and financial assistance proof that has been stated above.

 

I think you would have applied for your baby by now. Kindly advise me on the document that needs to be provided.

 

Thanks in advance.

 

Regards,

Ram

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