Migrate with 190 Skilled Nominated visa and a 101 Child visa

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Migrate with 190 Skilled Nominated visa and a 101 Child visa


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Old 07-21-2018, 11:46 PM
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Join Date: Mar 2014
Posts: 4
Users Flag! From argentina

Migrate with 190 Skilled Nominated visa and a 101 Child visa

Good morning,

In 2015 my wife and I were granted a Skilled Nominated (subclass 190) visa. Conditions of these are as follow:

Must Make First Entry to Australia Before: July 2016
Must Not Arrive After: 20 July 2020

We entered Australia before July 2016 to active our visas but later we decided to migrate to USA. Now we want to pursue our initial plan to migrate to Australia but have some doubts:

1) Given that we fulfilled first requirement (first entry before Jul 2016) and we would be migrating before Jul 2020 (second requirement), I don't think there is any issue with this plan. What do you think?
2) We had a child in the USA. Would it be possible to apply for a Child (subclass 101) visa? Have been reading its requirements:

A Child visa (subclass 101) lets an eligible parent sponsor their child to live in Australia indefinitely. The parent can apply on behalf of a child younger than 18 years of age.

To get this visa, the child must be:
* sponsored by their parent or their parent's partner
* single
* younger than 18 years of age.

An eligible parent is:
* the holder of an Australian permanent resident visa

Children born outside Australia must either:
* apply for a permanent visa to live in Australia (if neither parent is an Australian citizen)

Who can sponsor a child:
You do not need to be in Australia at the time of application. You can still be a sponsoring parent if you:
* entered Australia in the past but are outside Australia when you lodge the application
* have been granted your Australian permanent resident visa but have not yet entered Australia.

I understand that because my wife and I had 190 visas (which are Permanent Resident visas) and my child and we seem to fulfil all above requirements there would not be any issue to apply.

Regarding, processing times I found:
75 per cent of applications processed: 11 months
90 per cent of applications processed: 16 months

Given that we're 2 years of last entry date, if we start preparing the application now we could get the visa for our child even with the worst processing time.

Hopefully someone has been in the same situation and can shed some light on this. Any help would be appreciated. Thanks!


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Old 07-22-2018, 10:49 AM
Senior Member
 
Join Date: Jul 2014
Location: Perth, Australia
Posts: 3,340
Users Flag! From australia

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Yes, you can move to Australia without any problem as long as you arrive by the given date.

Yes, you can apply for a Child visa. I suggest if possible you apply for a visitor visa for your child first, and then apply for the child visa in Australia. The child will get a Bridging Visa to stay in Australia with you while the department processes the application.

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Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

http://4australianvisas.com

  #3 (permalink)  
Old 07-23-2018, 11:10 PM
Junior Member
 
Join Date: Mar 2014
Posts: 4
Users Flag! From argentina

Quote:
Originally Posted by Jeremy Hooper View Post
Yes, you can move to Australia without any problem as long as you arrive by the given date.

Yes, you can apply for a Child visa. I suggest if possible you apply for a visitor visa for your child first, and then apply for the child visa in Australia. The child will get a Bridging Visa to stay in Australia with you while the department processes the application.
Thanks for your answer!

Regarding, applying for a visitor visa first, I found that this one gets a 'No Further Stay' condition upon on it. And although, it's possible to request a waiver of this condition I don't think the requirements applies to my circumstance. Besides, I'm not in a rush to migrate. I have 2 years ahead for that.

Thanks again!


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