Alternative to Child Visa 101

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Alternative to Child Visa 101


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Old 01-06-2013, 04:09 PM
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Alternative to Child Visa 101

Hi,

Myself, my spouse got AU permanent resident 1 year back, after completed the initial entry we moved out of Australia, 9 months back we blessed with a baby girl in India. Now I am planning to apply her for a child visa even I am moving to AU permanently by this month.

Is there anyway we can take our baby along with us before getting child visa 101 (like tourist visa or something else which have less processing time) as child visa may take 14 months to process as per service charter and apply for a child visa later.

Also, if anyone applied child visa 101 recently, please share your advise/timelines.

Thanks


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Old 01-06-2013, 09:59 PM
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Hi Angorwat -

I would need to know more about your specific PR visa, however in most cases a child born to 2 people who are already Permanent Residents of Australia can be added to the existing PR visa as a dependent, so no need to deal with the Child visa. Generally the Child visa is for situations where there is an existing child who is born prior to the parents obtaining PR, where the parents then wish to sponsor the child after the parents obtain PR.

If you can get me more info on your PR visa(s), I may be able to clarify this further for you.

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Old 01-07-2013, 05:03 AM
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Thanks Mark for the response. Below are my details,

Myself and my spouse got 175 skilled independent visa by Nov 2011 when we were in AU in 457 visa, then we went to NZ and came back to Sydney for initial stamping, and then moved out of AU by Dec 2011, we blessed with baby on February 2012 in India.

Until now, all of my family members are in India, I am planning to move to Sydney by this month, then planning to take my wife and kid once i settled there. Hence I decided to apply for child visa or some other visa which have less processing time so that i can move my family earlier than the 14 months of processing time of child visa.

In this case, do i need to apply for child visa or not ?

Please advise on this.


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Old 01-07-2013, 06:20 AM
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Hi Angorwat -

Thanks for the details - I will need to research this as it appears that DIAC has narrowed the alternatives for a PR for children born outside Australia to Australian permanent residents. Had the child been born here, she would have been eligible for citizenship.

I will see if I can find an exception or rule where you can avoid applying for the child visa and the 14 month current wait for this - will do my best & let you know tomorrow.

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Old 01-07-2013, 02:21 PM
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Thanks Mark, much awaiting for your response.


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Old 01-08-2013, 05:05 AM
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Hi there
I have a suggestion for you regarding your situation.
As I understand, you were permanent resident at the time of your baby's birth. If you were in India at that time, you have to go for 101 for your child and wait for 14 months to get the approval. But, you can apply a visitor visa for the baby to take her along with you. Just add a covering letter explaining your situation. The visitor visa can be given for max 12 months. You probably get an approval within that time. If not, extend the visitor visa from Australia. Once you get approval, you just have to leave Australia for stamping.


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Old 01-08-2013, 05:17 PM
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Thanks nice911, can we apply two visas at a time, like applying for a child visa 101 first and then visitor visa before travelling.

If yes, what will happen to the child visa while DIAC processing the visitor visa ??
Please advise.


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Old 01-08-2013, 09:18 PM
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Hi Angorwat -

Sorry - I don't have any better options for you other than the child visa. As to the visitor visa option, if DIAC was nice about it, I suppose that could be an option, but I am not sure of the chances of success. They would have to overlook all the normal restrictions on India visitor visas - ie, 3 month maximum per stay, Genuine Temporary Entrant criteria, etc. If they were willing to do this, that would be fantastic and a great solution to your issue - all you can do is try. These is generally no problem with having more than 1 visa application pending with DIAC - just make sure all the information on the 2 applications agrees with each other (no conflicts, etc).

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Old 01-09-2013, 03:04 AM
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Quote:
Originally Posted by angorwat View Post
Thanks nice911, can we apply two visas at a time, like applying for a child visa 101 first and then visitor visa before travelling.

If yes, what will happen to the child visa while DIAC processing the visitor visa ??
Please advise.
Yes, you can apply for both visas. First apply for 101 and then visitor visa. Mention the 101 application file number when you apply for the visitor's. You can ask for 1 year visitor visa. The only thing is, it will be a single entry to Australia. Otherwise, ask for 6 months multiple entry visa. You can extend the visitor visa from Australia regardless of length of the visa unless there is 'no further stay' condition in it which I dont think will happen in your situation. Just one important thing is, stay in contact with the case officer of your 101 application by email. They dont like to answer phone calls. (personal experience)

Hope this will help
Good luck


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Old 01-09-2013, 01:37 PM
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Thanks Mark and nice911 for your advise and informations.


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