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Discussion Starter · #1 ·
-> Warning: Long post ahead -<

So, yesterday (20th November) it was the Universal Children's Day and I was wondering if the long processing times go against the Convention on the Rights of the Child which Australia has signed. Among children's rights is to live with both parents. I know there are a lot of families living apart because of the visa process (we are one of them) and I would like to be advised on this matter.
Further down I am adding article 9 and 10 of the CRC.
(P.s excuse my ignorance, I am not a lawyer :p)

"The main international human rights treaty on children's rights is the Convention on the Rights of the Child (CRC). The CRC is the most widely ratified human rights treaty in the world. Australia ratified the CRC in December 1990, which means that Australia has a duty to ensure that all children in Australia enjoy the rights set out in the treaty."(https://www.humanrights.gov.au/our-work/childrens-rights/about-childrens-rights)

"Article 9

1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.

Article 10

1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.

2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention. "(https://www.ohchr.org/en/professionalinterest/pages/crc.aspx)
 

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From personal experience neither immigration officials or government minister care for any kids other than their own.

Both Labor and Liberal Feberal MP's office staff told me the only way we will get a Visitor Visa was to leave a child behind.

But they refused to put it in writing.
 

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No offence but from the first part you shoot yourself in the foot. Key point 'in'.
However there has been many cases people have tried to use pregnancy as the sole reason for a partner visa.
Sadly false claims makes the process harder for everyone.

1990, which means that Australia has a duty to ensure that all children in Australia enjoy the rights set out in the treaty."
 

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Anytime a potential loophole even/especially compassionate ones open people rush to exploit it.
For context my wife was told when we applied in 2015 getting pregnant and having a baby makes the whole process easier and quicker.
We continue to see people make these claims.
 

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Anytime a potential loophole even/especially compassionate ones open people rush to exploit it.
For context my wife was told when we applied in 2015 getting pregnant and having a baby makes the whole process easier and quicker.
We continue to see people make these claims.
I have heard that quite a lot too. I do wonder if immigration looks into those that have children quickly in the relationship more closely because of this?
 

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I assume Immigration's stance would be that they aren't forcing you to be apart. There's nothing to stop the sponsor from remaining in their partner's country with the children, you have chosen to be in Australia during the processing.
 

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I assume Immigration's stance would be that they aren't forcing you to be apart. There's nothing to stop the sponsor from remaining in their partner's country with the children, you have chosen to be in Australia during the processing.
Other countries have very strict visa conditions also, many you wont get more than a 90 day visitor stay.
 

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Discussion Starter · #12 ·
Other countries have very strict visa conditions also, many you wont get more than a 90 day visitor stay.
Not only that. But sponsor has to reside in Australia and in the application we had to provide an Australian address. How is that possible if I'm not here (renting as I don't own property) to provide this address?
Of course I understand that it is our choice to have children and decide that we want to live in Australia and that's why we are waiting patiently 8 months now. But the thing is that they don't provide any update apart from the global processing times which are changing every month.
 

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Not only that. But sponsor has to reside in Australia and in the application we had to provide an Australian address. How is that possible if I'm not here (renting as I don't own property) to provide this address?
Of course I understand that it is our choice to have children and decide that we want to live in Australia and that's why we are waiting patiently 8 months now. But the thing is that they don't provide any update apart from the global processing times which are changing every month.
There is no requirement for the sponsor to be in Australia. A friend of mine lived in her husband's country for a few years before they applied and also during the processing time of the visa and had no issues. I think from memory if she provided an Australian address she provided her mother's, but it quite easy to update the address once settled in Australia.

The lack of communication is normal for immigration, it is something we have just had to get use to & it is pretty common across a lot of government departments. It is also not just specific to Australia either. I have friends whose husband's migrated to UK & USA and the communication was non-existence for both countries as well. My friend whose husband applied at the USA it took 16 months for him to get the visa, so it is not just Australia with long processing times.
 

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Other countries have very strict visa conditions also, many you wont get more than a 90 day visitor stay.
There are quite a lot that you would get more than a 90 day visitor visa. Europe for example have family residence visa's for those that wish to stay longer than 90 days.

The only ones that I can think of that have strict visa conditions like Australia are UK, USA, Canada & NZ.

My BIL moved to UAE and it was super easy and fast for him to bring his spouse and child.
 

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Pretty sure residence for a sponsor varies greatly on being PR or citizen.

Both countries I was involved in, it was/would be difficult to get longer than 90 days in 180/365 days.

Botswana is clapping down very had on issuing work permits and basically you need a work permit to get a residents permit - really not many visa options. Ukraine in getting a residence visa by showing funds was more possible, but not practical due to my 3 kids.

So it is all pretty complicated with many variables.
 

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Pretty sure residence for a sponsor varies greatly on being PR or citizen.
And that is what we are talking about - moving to the country where the spouse is, so majority of cases they will be a citizen of that country.

Botswana is clapping down very had on issuing work permits and basically you need a work permit to get a residents permit - really not many visa options. Ukraine in getting a residence visa by showing funds was more possible, but not practical due to my 3 kids.

So it is all pretty complicated with many variables.
We are talking about partner visa's in Australia so comparing the same in another country, not work visa's.

Alot of countries their spouse visa's are a lot easier to get than Australia, with someone just showing a marriage certificate and that is it.

My husband's friend lives in Europe with his wife and didn't need a work visa to get a residence visa.
 

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There is no requirement for the sponsor to be in Australia. A friend of mine lived in her husband's country for a few years before they applied and also during the processing time of the visa and had no issues. I think from memory if she provided an Australian address she provided her mother's, but it quite easy to update the address once settled in Australia.
Was referring to this - no requirement for sponsor (of the 300, 309 or 820) to be in Australia.

Correct but they then need to be able to live in another country/s for a duration of up to 2 years while the Australian Partner visa is being processed.

Now depending on the other countries visa conditions and requirements it may or may not be possible for the sponsor to be outside Australia.

If I was now bringing in my wife from Botswana - it would most likely not be possible or practical due to their 90 days in 365 limit.

If I have a small criminal conviction and my partner was American also probably not an option.

If the sponsor was intending to apply for a Partner Visa of their spouse country they would be the applicant.

Immigration in their PAM 3 820 acknowledged that there can be resultant periods of long separation but this can be normal ( yes I know 820 is an onshore - think it was for an over stayer) for many applicants.

In some cases it is possible to avoid any or most periods of separation for a 300 or 309 application, buy many cases where it can not be avoided.
 
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