[mjl4]

I have just joined this site to see if I can seek some advice.
I am an Australian citizen but currently living in the UK. My partner is from the Netherlands and we are about to have a baby. We want to move to Australia next year.
We started looking into visa's today. I thought that he could apply for a working holiday visa as he is under 30, however we have now found out that he cannot apply for this as we will have a baby.
I have written to the Australian high commission in London to get some more information. I am also now looking into other visa options. Has anyone had a similar experience to this and can offer any advice? Is our only option a partner visa? Or could he enter Australia as a visitor and then apply for a partner visa once we have entered Australia?
Any help would be so helpful

 

[sheilae]

You could apply onshore but he could potentially have a hard time meeting the 'genuine temporary entrant' requirement if you have a baby together.

You could apply now for an off-shore partner visa (provided you meet the requirements) in anticipation of moving next year.

I'd get in touch with a Registered Migration agent, not the high commission for visa advice.

 

[tijanaoc]

You don't mention if he has any skills that might qualify him for a skilled migration visa. That would be a cheaper option than a partner visa.

Yes, potentially you could come to Australia on a holiday and if he decides he likes it he could then apply for a partner visa onshore. However you should be aware that DIBP have a proposal in the works to change the sponsorship process so that the sponsor would have to be approved before a partner visa application can be lodged (currently they are lodged concurrently, or rather sponsor lodges their application immediately after the visa application has been submitted and paid for). We have no way of knowing how long DIBP would take to approve a sponsor. If it takes longer than 2-2.5 months you can see that prospective visa applicants who are on a 3 month tourist visa or ETA will be in a bind and would have to go offshore. This is specifically designed to reduce onshore partner visa applications. This proposal was talked about earlier this year, but was deferred to next year. DIBP are known for making these changes with little or no notice, so just making you aware.

I would consult with a reputable Registered Migration Agent to explore your options. Several frequent this forum and generously donate their time here, they are CCMS, Mark Northam, wrussell, Jeremy Hooper and sometimes Lisa Wulfsohn.

But I would start by reading the Partner Visa booklet if you haven't already.

 

[mjl4]

Thanks for your response. He has a degree in human resources, so is skilled but I am not sure it is a skill that Australia is looking for at this time. We will look into this option though, thanks.
I think getting advice from a migrant agent is a great idea, one I had not thought of. I will have a look at the ones you suggested. Thanks.

 

[CCMS]

I think getting advice from a migrant agent is a great idea, one I had not thought of. I will have a look at the ones you suggested. Thanks.

I am a Dutch registered migration agent, if that helps...

 

[sukhmaniimmi]

I have just joined this site to see if I can seek some advice.
I am an Australian citizen but currently living in the UK. My partner is from the Netherlands and we are about to have a baby. We want to move to Australia next year.
We started looking into visa's today. I thought that he could apply for a working holiday visa as he is under 30, however we have now found out that he cannot apply for this as we will have a baby.
I have written to the Australian high commission in London to get some more information. I am also now looking into other visa options. Has anyone had a similar experience to this and can offer any advice? Is our only option a partner visa? Or could he enter Australia as a visitor and then apply for a partner visa once we have entered Australia?
Any help would be so helpful

So first of all upper age limit for that 417 visa is 35 instead of 30, thought I would let you know. Secondly, your child is already an Australian Citizen by descent. You can obtain more info on how to register her citizenship while being in UK from local Consulate.

Now speaking about your partner; DIBP's explanatory statement for such working holiday visas is not to facilitate any further onshore permanent visa application and subsequently making applicant eligible for bridging visas. For this purpose level of scrutiny in case of your husband's working holiday visa will be higher, esp given the fact that he's in partner relation with an Australian citizen and also has a child from that relation.

However in such situation offshore partner visa is one most obvious situation. Once that offshore partner visa application is validly lodged, it will facilitate further visitor visa applications for him as it is another departmental policy to facilitate offshore partner visa applicant's temporary visits to australia enabling them to spend time with their family in australia.

Alternatively, depending upon his resume, qualifications, skills, past work experience, English language proof there may be other visa options available. Human Resource Managers are on SSOL list (applicable for 190/489(state nomination), 187/186 visas).

 

[tijanaoc]

So first of all upper age limit for that 417 visa is 35 instead of 30

This is not correct. There was some talk of increasing the age limit to 35, but this is not yet in effect (if it ever will be).

Now speaking about your partner; DIBP's explanatory statement for such working holiday visas is not to facilitate any further onshore permanent visa application and subsequently making applicant eligible for bridging visas. For this purpose level of scrutiny in case of your husband's working holiday visa will be higher, esp given the fact that he's in partner relation with an Australian citizen and also has a child from that relation.

The conditions of 417 visa are clearly spelled out here: Working Holiday visa (subclass 417)
Including
-have turned 18 years of age but have not yet turned 31
-will not be accompanied by dependent children at any time during your stay.

That he would or would not meet the genuine temporary entrant criteria is irrelevant if he doesn't meet the other conditions for visa grant.

Once that offshore partner visa application is validly lodged, it will facilitate further visitor visa applications for him as it is another departmental policy to facilitate offshore partner visa applicant's temporary visits to australia enabling them to spend time with their family in australia.

There is no such departmental policy. A lot of offshore partner visa applicants are denied visitor visas, especially those from high risk countries. Given this particular applicant is from the Netherlands, this should not be an issue though.

 

[sukhmaniimmi]

This is not correct. There was some talk of increasing the age limit to 35, but this is not yet in effect (if it ever will be).

The conditions of 417 visa are clearly spelled out here: Working Holiday visa (subclass 417)
Including
-have turned 18 years of age but have not yet turned 31
-will not be accompanied by dependent children at any time during your stay.

That he would or would not meet the genuine temporary entrant criteria is irrelevant if he doesn't meet the other conditions for visa grant.

There is no such departmental policy. A lot of offshore partner visa applicants are denied visitor visas, especially those from high risk countries. Given this particular applicant is from the Netherlands, this should not be an issue though.

"This is not correct. There was some talk of increasing......"

Schedule 9 of the Migration Legislation Amendment Regulations 2017 made some changes commencing July 2017 and as per this change upper age limit was increased from 31 to 35. Accordingly, MR94 states (r417.211(2)(b)(i)):

The applicant:
(b) is aged at least 18 and no more than:
(i) 35;

Since it is the current law in place, my advise was based upon that.

"The conditions of 417 visa are clearly spelled out here: Persons offshore awaiting outcome of their partner/fiancée's onshore GSM application

Partner visa application made outside Australia[/B]

(PAM3 for visitor visas)

 

[ampk]

We started looking into visa's today. I thought that he could apply for a working holiday visa as he is under 30, however we have now found out that he cannot apply for this as we will have a baby.

Seems age was irrelevant!

But a baby that in any normal World would be considered a dependant regardless of its based country- note the application form and the question that has to be answered truthfully.

* It is my opinion that the OP is very correct that due the baby a WHV is not a legal option.

"as my profession does not allow me to rely upon that source" would that mean you are a lawyer?

 

[sukhmaniimmi]

An RMA and a new user to this forum.

 

[tijanaoc]

I agree with ampk's post above.

However wanted to test the hypothesis re: age myself, so I started a mock application and put in "my" date of birth as older than 31 and younger than 35. When I tried to proceed to the next page I got the following error message:

The following errors have been encountered:
- you are not eligible to apply for this visa. Applicants for this visa must be aged 18 years or more but less than 31 years of age. Please contact your nearest Australian Government Office.

 

[ampk]

I agree with ampk's post above.

However wanted to test the hypothesis re: age myself, so I started a mock application and put in "my" date of birth as older than 31 and younger than 35. When I tried to proceed to the next page I got the following error message:

I hope that poster is correct and will supply a link - my knowledge is the only thing that was agreed was an age increase if it had reciprocal agreements. But I believe it is not current law and none of the text the poster put up make google happy to see such an amended law.

 

[CCMS]

An RMA and a new user to this forum.

RMAs posting on this forum usually post their full name and MARN, so people know they are registered ,how long they have been registered and what their name is.

 

[Mania]

I hope that poster is correct and will supply a link - my knowledge is the only thing that was agreed was an age increase if it had reciprocal agreements. But I believe it is not current law and none of the text the poster put up make google happy to see such an amended law.

https://www.legislation.gov.au/Details/F2017L00816

1 Subclause 417.211(2) of Schedule 2
Repeal the subclause, substitute:
(2) The applicant:
(a) holds a working holiday eligible passport of the kind, or of one of the kinds, specified in a legislative instrument made by the Minister for the purposes of this subclause; and
(b) is aged at least 18 and no more than:
(i) 35; or
(ii) if a younger age is specified in the instrument mentioned in paragraph (a) for the kind of passport the applicant holds-that younger age.

 

[CCMS]

I hope that poster is correct and will supply a link - my knowledge is the only thing that was agreed was an age increase if it had reciprocal agreements. But I believe it is not current law and none of the text the poster put up make google happy to see such an amended law.

While the facility is there, it hasn't actually been increased to 35 for any country yet. In other words the law is there, but it does not apply, because no eligible countries have been nominated. I would definitely not be advising people about a "change" they can't actually benefit from. It's like saying that from tomorrow on people living in specific postcodes will get a tax rebate and then not list any eligible postcodes.

 

[sukhmaniimmi]

Thanks Mania for the extract.

Hi CCMS,

Since I?ve just joined this forum today, i didn?t know the general rules of who can post and who can?t? I?m not participating for the purpose of advertising, it is just volunteering for people seeking help. Therefore didn?t include any of that info. Moreover when signed up I didn?t get asked for any such specifics as well.

 

[sukhmaniimmi]

I gues OP?s original post was regarding the possibilities of her partners visa possibilities. My main focus was oriented around that question.

 

[CCMS]

Thanks Mania for the extract.

Hi CCMS,

Since I?ve just joined this forum today, i didn?t know the general rules of who can post and who can?t? I?m not participating for the purpose of advertising, it is just volunteering for people seeking help. Therefore didn?t include any of that info. Moreover when signed up I didn?t get asked for any such specifics as well.

It's not a forum rule and I am not a moderator or anything like that. However, since you are claiming to be a RMA, I think it would not be unusual that you post your credentials, regardless if your volunteering or promoting your services. As a RMA why would you want to remain anonymous?

 

[CCMS]

I gues OP?s original post was regarding the possibilities of her partners visa possibilities. My main focus was oriented around that question.

So why throw in the bit about the WHV age limit, when no one is actually eligible for it? It only confuses people or gives them false hope. I'm sure most of the users here are not all that interested in legal nitpicking.

 

[ampk]

So why throw in the bit about the WHV age limit, when no one is actually eligible for it? It only confuses people or gives them false hope. I'm sure most of the users here are not all that interested in legal nitpicking.

I am, but more as to how a WHV with a child in/coming to Australia works.

Glad the OP has a good grasp as this thread has drifted a lot.