[Paul Om]

Dears,

Seeking community opinions based on experience with student visas.

I am an Australian citizen living in Australia with my new family. I also have a 21yo son from a past relationship living overseas. He studies at a college and I would like to support him further with a better degree from an Australian TAFE or Uni.

The idea is to bring him over on a student visa. I will be covering all of his study costs / living expenses.

My concern is that his visa application could be refused due to the fact of his dad being Australian, and him suspected of not being a genuine temporary entrant.

Would our relationship create a serious risk of visa refusal?
Should I better be sending him off to study elsewhere - e.g. NZ or UK?

Cheers
Paul

 

[ampk]

Why not apply for your sons Australian citizenship by descent? will be far cheaper and simpler.

Is there more to the story?

 

[wrussell]

You might well have a better and much less costly visa strategy.
May I suggest that you consult a registered m\migration agent for an assessment?

 

[mmis4167]

Why not apply for your sons Australian citizenship by descent? will be far cheaper and simpler.

Is there more to the story?

He might get it after the son was born.

 

[ampk]

He might get it after the son was born.

Correct - important information needs to be given.

Citizenship by descent would be the first thing to look at, but if the child was born overseas and the now Australian citizen parent not a citizen at the time (or the other parent) then that is one option gone.

There are other options (some running out)- but it is pointless for us to guess.

 

[Paul Om]

Correct - important information needs to be given.

Citizenship by descent would be the first thing to look at, but if the child was born overseas and the now Australian citizen parent not a citizen at the time (or the other parent) then that is one option gone.

There are other options (some running out)- but it is pointless for us to guess.

Thanks, dears,

Spot on, I gained my citizenship late after my son was born.

The other option would be child visa. We've explored this option last year and concluded that some of the crucial evidence like his uninterrupted study since the age of 18 - would be difficult to obtain, as he's dropped out from the initial college to change his career path with a different college and major. Seems like the Australian immigration authorities are strict in this respect.

Therefore, I am exploring the student visa option as well. Though, child visa 101 is still on agenda...

 

[ampk]

wrussel's post is from a Registered Migration Agent and was liked by a Registered Migration Agent.

I would trust both of them, and the others on the sticky thread for a consultation for your sons visa.

The Student Visa is very costly (international student fees) and restrictions (work) plus the concerns you mentioned.

 

[Paul Om]

Thanks @ampk.

I've just sent Westly Russell a note via his web online enquiry.

My idea was that if I bring my son to Oz on student visa with my full financial support - the whole story would be much more convincing to the Immigration authorities when we apply for Child visa onshore.

 

[ampk]

Westly Russell is a wise person and been a RMA since 2003. Not based on actual use but his posts.

 

[wrussell]

and I have been dealing with immi since 1988.

 

[wrussell]

From my most recent 101 episode. Another RMA had the son granted a 101 and the daughter refused. It took almost 3 years of us both working on it to put it right: Neither of us could have done it alone!

1 February 2018
Mr Westly Russell Piney Australia
Email: [email protected]{noyau.com
Dear Mr Russell
Re: Case number 1700634

I refer to your correspondence dated 14 January 2018 addressed to the
Registrar expressing your concern about how the presiding Member conducted the hearing of the above noted matter. The correspondence has been referred to me, as Division Head of the Migration and Refugee Division, for response.

In conducting reviews, the Tribunal must take into account all relevant circumstances an the Tribunal's obligations under relevant legislation. In Child (Migrant)(Class AH) matters, principal matter the Migration Regulations 1994 require the decision-maker to consider i whether the visa applicant is a dependent child of the sponsor and in considering this there are a number of
matters that the decision-maker must have regard to. The Tribunal's process is
inquisitorial in nature and it is important for the Tribunal to ask relevant questions of the applicants in order to obtain the information and evidence necessary to asses whether the concerned criteria are met.

I note that a decision on your client's application for review has been made, with the Tribunal remitting the matter to the Department of Home Affairs for reconsideration. In light of this favourable outcome for your client, it does not appear that the Member approached the hearing
without an open mind, as suggested by your correspondence, as she was able to be persuaded by the applicant's evidence that the criteria under consideration were met.

Nonetheless, I have caused the hearing recording to be reviewed and I am of the view that the presiding Member conducted the hearing professionally and appropriately given the circumstances and in accordance with the requirements of the relevant legislation and the Conduct Guide for AAT Members .