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Discussion Starter · #1 ·
Hi All,

I'm doing the Stage 1 Partner application, and my wife (Vietnamese) is currently here in Australia.

I wanted to also include her 6 year old daughter (also Vietnamese), but she is currently off shore.

When I added our daughter to the application, it came up with an error, presumably because you cannot mix on shore and off shore on the same application. Is that right?

If that's the case, what is my best way forward with this? Is it simply a separate off shore application for our daughter? How do I link it to my wife's application?

Thanks for your time and help...
 

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Firstly does your wife's current visa have the "No Further Stay" condition?

Does she have the other parents permission for the child to migrate or have a court sole custody?

The process is complicated more so with kids, how much research have you done on the visa process?
 

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The child cannot be added to or included in the onshore partner visa application unless she is in Australia on a valid visa without “ no further stay” condition. I suggest you get some professional advice before proceeding and making potentially fatal mistakes.
 

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Discussion Starter · #4 ·
Thanks for your answer guys... here are some more details on my wife's current visa:
The visa Class is Visitor (class FA)
Visa subclass is Visitor (sub 600)
Visa conditions do not state "No Further Stay"
It is a multi-entry for 12 months with max stay period of 3 months.

She has sole custody of the daughter as per a court document.

Hope this helps clarify. What is my best way forward here? Apply for her visa first, and then apply for the daughter's visa later?
 

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Thanks for your answer guys... here are some more details on my wife's current visa:
The visa Class is Visitor (class FA)
Visa subclass is Visitor (sub 600)
Visa conditions do not state "No Further Stay"
It is a multi-entry for 12 months with max stay period of 3 months.

She has sole custody of the daughter as per a court document.

Hope this helps clarify. What is my best way forward here? Apply for her visa first, and then apply for the daughter's visa later?
Either way, you have to get the daughter into Australia first.
 

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And have the "No Further Stay" excluded on her visa.

Your best way forward is to consult a good RMA such as CCMS (This site recommends about 5 others) to formulate a plan.
 

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Discussion Starter · #7 ·
Either way, you have to get the daughter into Australia first.
My wife is here already, so I am going to process a on shore application for her so as not to waste further time. Someone else advised me to get the spouse visa first, then bring the daughter in.

Is there a reason not to go this way?
 

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Yes a good reason is you don't know enough about potential problems.

Understand them before you apply for a Partner Visa.

We had to leave a child behind for a visa as reason to return, this was told by immigration to both a Labor and Liberal sitting Senators.

So don't think for a moment the child will get any access to Australia on your current plan.
 

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Discussion Starter · #9 ·
ampk, thanks for your replies...
I've just been doing some reading on the homeaffairs website...
It seems to state that you can apply for the Stage 1 spouse visa, then at any time after, apply for the 445 visa for children. The child can then stay until the final decision is made. Then, form 1005 is used for the child to add to the permanent partner visa.
Am I missing something here? You seem to make out that it will be a very difficult task by saying "So don't think for a moment the child will get any access to Australia on your current plan".
 

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You need to know the system and what can work for you, 445 maybe a option for you.

I for a year or so have not even referred to the immigration website, so your working off my old memory.

Others are more current than me, but if you want accurate you need a RMA.
 

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I didn't do the 445 route as I included my child in my app, but potential issues I see is that the mother would need to actually have an 820 grant to be able to do the 445 for the child, and then the child needs to be added to the app before a decision is made on her 801.

Some people have waited beyond the 2 year mark for their 820 and as such were assessed for both the 820 and 801 at the same time.

Or if that doesn't happen, processing times for the 445 looks to be 75% in 8 months and 90% in 12 months. We don't see posts on that so no reference on around how long people wait.

Ideally it would be to add the child to the partner visa application (and cheaper). If she has sole custody, what's the reason to leave the child behind? If the 820 takes a long time, that's a year or two separated from her. That's a long time for a kid that age... a lot of growing up happens from 6 to 8.

There's also the possibility of the 820 being granted quickly and not having any issues, but that's no guarantee.

Let's not forget the person who applied for the 820/801 late last year and got both the 820/801 grant at the same time just this week, even though they didn't meet the requirements to have that happen. An anomaly? Absolutely. But if that happened to your partner then the 445 option is out the window.

Don't take this the wrong way. My personality is just to always find worst case scenarios and be prepared, while hoping for the best. Fortunately my second half is much more optimistic and always plans best case scenario. We make a good team ��. Personally though, I wouldn't take a route if there's no guarantee. Of course you can and everything would work out fine. But if it doesn't, do you have a backup plan?
 

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I did not and could not make a plan that did not have the kids best interests as number 1.

That rule cost me a very lot of money and headache .

I would do it again.
 

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My wife is here already, so I am going to process a on shore application for her so as not to waste further time. Someone else advised me to get the spouse visa first, then bring the daughter in.

Is there a reason not to go this way?
What you should do is get a professional explain to you in detail which pathways are available and exactly what is involved in each pathway. That way you can make an informed decision. Anything else is guesswork.
 

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Discussion Starter · #14 ·
Can anyone give some advice who is actually up to date with the homeaffairs website and policies?

Thanks in advance.
 

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Can anyone give some advice who is actually up to date with the homeaffairs website and policies?

Thanks in advance.
The poster above, CCMS, he's a RMA.

You've been given a few answers to your question. You can keep asking but it won't change the outcome. I would suggest booking a consultation with an RMA to help with a plan for this.
 

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Can anyone give some advice who is actually up to date with the homeaffairs website and policies?

Thanks in advance.
Yes, I can, if you book a consultation and so can any other competent RMA.

You won't find policies and migration regulations on the Home Affairs website and few people here would have access to the sort of information you're after.

Why not get some proper advice about the various pathways available and what the requirements are, so you can make an informed decision ?
 

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Discussion Starter · #17 ·
The poster above, CCMS, he's a RMA.

You've been given a few answers to your question. You can keep asking but it won't change the outcome. I would suggest booking a consultation with an RMA to help with a plan for this.
Sorry for sounding curt, but obviously the RMA will be trying to make money. I know I can dump grands and grands of cash on an RMA for essentially just filling out and compiling paperwork, but that is not my preferred path.

Since CCMS is an RMA, and since I posted the question here, that would amount to consultation, but very vague answers are given. But I get it, for the reasons above, so I'm not upset by that.

I'm looking for answers and start a discussion from people who have actually had some experience. An RMA (or others) saying you need to consult an RMA doesn't really help. That RMA is not going to disclose any details because he wants business.

If other's don't know, then better off just to stay silent, because it's not being helpful at all.

My situation is where my wife has a child. the RMA says, get the child out here first, without any explanation as to why. Another poster says he hasn't looked at the home affairs website in more than a year. You say I should consult an RMA. You can see where i'm going here. The replies so far haven't been useful. :confused:

So the question remains - do we:
- Apply for stage 1 (spouse on shore on a 600 FA visa)
- Then apply for 445 which allows the child (whether off shore or onshore) to come to AU to be with the parent until a final decision is made.
- Add the child to the original stage 1 application.

The home affairs website seems to indicate this is the right path. Just looking for someone to say: YES it is, or NO it is not.

Cheers...
 

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Discussion Starter · #18 ·
Why not get some proper advice about the various pathways available and what the requirements are, so you can make an informed decision ?
With respect, but isn't what this forum is for? Or is it just a place for RMAs to advertise their services?

I remember a time in this forum years ago when very good an open discussion and advice was given. Has something changed?

Don't get me wrong. I'm just trying to understand this.
 

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"Sorry for sounding curt, but obviously the RMA will be trying to make money. I know I can dump grands and grands of cash on an RMA for essentially just filling out and compiling paperwork, but that is not my preferred path"

A consult with a RMA will cost around $200-$300.

Each case is unique and needs research. They also have a subscription to the Immigration Departments policy (PAM3) and other documents that are basically not available to the general public.

I have probably been involved in 25ish visa applications over a long period. These all from high risk countries and had several refusals, I have gained a lot of understanding of the visa system. I have been told we would have to leave a child behind for the others to be granted Visitor Visa's by immigration.

I don't always recommend people consult a RMA, but there are times I see posts and know this is complicated.
 

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My situation is where my wife has a child. the RMA says, get the child out here first, without any explanation as to why.
Unless the child is actually in Australia, she cannot be included or added to a sc. 820 visa application. Not sure if that information is on the Home Affairs website, but it should be.

So the question remains - do we:
- Apply for stage 1 (spouse on shore on a 600 FA visa)
- Then apply for 445 which allows the child (whether off shore or onshore) to come to AU to be with the parent until a final decision is made.
- Add the child to the original stage 1 application.

The home affairs website seems to indicate this is the right path. Just looking for someone to say: YES it is, or NO it is not.
There is no one-size-fits-all solution. The best pathway depends on the individual circumstances of all parties involved.

The Home Affairs web-site actually states clearly that : To be granted this visa, the child's parent or step-parent must already hold one of the following temporary Partner visas: Temporary Partner visa (subclass 309 or subclass 820).

As usual the information on the Home Affairs website is incomplete and ambiguous and cannot be relied on.The parent must actually be the holder of a temporary partner visa at the time the sc. 445 visa is applied for, not just at the time of visa grant. That means the visa can't applied for until the mother has been granted the temporary partner visa.

It can take 12 to 24 months before a decision is made on the sc. 820 visa.The sc. 445 visa can take another 8 to 12 months after that.

So it really isn't all that straightforward and a matter of yes or no.

My advice remains to get some professional advice based on your particular circumstances. I am not chasing your business. Talk to any RMA in your area, online or wherever. Just don't take this lightly.

All this information was given to you free of charge, without any obligation and for the benefit of all forum users!
 
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