Which Visa?? Need help...

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Which Visa?? Need help...


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Old 05-11-2010, 10:39 PM
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Smile Which Visa?? Need help...

Evening,

Well I am in a bother as to what visa I need for my partner. I am a Australian citizen and have been in the UK for the last 4years on the right to abode. I met my current partner (south african with indefinate leave to remain in the UK) 2 years ago. We have since had a little boy (6months old) and are looking at heading back to Australia. Also to throw a spanner in there she has another boy (6years old) from a previous relationship. The father has given us permission to take him but dont exactly know the process. I am looking at going home first with my son to get things moving ie, House, Car, Schools ETC, my partner is to follow at the end of the year. We are looking at getting married in the next year or two but may do so before I leave the UK (something small until we get to Australia) Below is a list of questions I am looking for a if anyone could help me in any way that would be great...

* Do I need to get citizenship for my son (6months old) here or in Australia?
*What type of visa does my partner need?
*What type of visa does her child need?
*Any idea on costs etc? (seen so many different ones!!)
*Can I take my son home without formal permission from his mother?
*Any forms for my partners other son? (his biological father to fill out?)

I know its alot of ranting but I am home sick and just want to get this ball rolling as I am keen to get home ASAP.

Many thanks,
Nathan


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Old 05-12-2010, 01:32 AM
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Quote:
Originally Posted by saleom666 View Post
Evening,

Well I am in a bother as to what visa I need for my partner. I am a Australian citizen and have been in the UK for the last 4years on the right to abode. I met my current partner (south african with indefinate leave to remain in the UK) 2 years ago. We have since had a little boy (6months old) and are looking at heading back to Australia. Also to throw a spanner in there she has another boy (6years old) from a previous relationship. The father has given us permission to take him but dont exactly know the process. I am looking at going home first with my son to get things moving ie, House, Car, Schools ETC, my partner is to follow at the end of the year. We are looking at getting married in the next year or two but may do so before I leave the UK (something small until we get to Australia) Below is a list of questions I am looking for a if anyone could help me in any way that would be great...

* Do I need to get citizenship for my son (6months old) here or in Australia?
*What type of visa does my partner need?
*What type of visa does her child need?
*Any idea on costs etc? (seen so many different ones!!)
*Can I take my son home without formal permission from his mother?
*Any forms for my partners other son? (his biological father to fill out?)

I know its alot of ranting but I am home sick and just want to get this ball rolling as I am keen to get home ASAP.

Many thanks,
Nathan
Hi Nathan,
That'll be something of a handful for you, getting set up and all with a babe along but if you have grandparents willing for some baby sitting, suppose it'll be manageable.
Anyway,
1. I'd be getting the citizenship done in UK and that way there'll not be issues about whether he can travel on your passport because of not being an Aussie and the need for a visa to come with you etc.
Australian Citizenship – Document checklist for Australian citizenship by descent

2. You can get either a partner visa or a PMV
Family - Visas & Immigration and probably easier to just go for the partner visa [ cheaper ] and all done with one application and if by time you apply you can show a full two years together, with a child together, your partner may get permanent residency straight away.
3. The six year old can be on her visa.

But you will need a court order to show you legally have the permission of the father.
The other thing that it will entail is that you will need a police clearance from AFP because a child not your own is involved.
Details in the Visa info, read all the eligibility and applying for this visa sections closely, along with Booklet #1 and use the Checklist.

4. Not sure what the cost re citizenship for your son is but not likely all that much and partner visa offshore is $1705 or something like that and then of course there will be the medical fees, PCCs for your partner, court order costs etc. and so if that is simple enough because of not being challenged, you could be looking at somewhere up around $1000 or even pound depending on what the immigration health checks cost over there.

If you decide on an agent to process the visa for you, their charges will likely vary a bit but rule of thumb is roughly double the total cost.

5. If he is an Australian citizen, it should not be a problem unless Mum objects and takes action.

6. The court order for the visa.

So a couple of months of getting paperwork organised for you.





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Old 05-12-2010, 12:23 PM
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Wanderer,

Many thanks to the reply. I now have alot of things to sort out. Any idea on how long this process takes? I have seen people in the same situation and the urn around is roughly 2 months with a CO, am thinking maybe double that without but could be wrong??

Will keep you updated on future updates as to how its processing.


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Old 05-13-2010, 12:52 AM
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Quote:
Originally Posted by saleom666 View Post
Wanderer,

Many thanks to the reply. I now have alot of things to sort out. Any idea on how long this process takes? I have seen people in the same situation and the urn around is roughly 2 months with a CO, am thinking maybe double that without but could be wrong??

Will keep you updated on future updates as to how its processing.
Every application gets a CO and you may have been thinking of 2 months with an agent but applications from agents are not processed any quicker and if anything the chain of communication can lead to delays.

Getting all the relevant documents organised, compiling evidence of a relationship and writing up statements etc. will likely take a bit of time in getting an partner application ready, perhaps several months even and if I were looking at it I would find out what the process is re a court order for your partners son for those type of things can take a while.
Once an application is in for that and if there is a bit of waiting time you can get on with the rest of the stuff.

Once you have an application in, if you have bases all adequately covered, I have read of partner visas being granted in about two months over there.

Getting citizenship for the young one is probably about a two week exercise or perhaps even just a walk into Australia House with relevant documents and they should be able to advise on whether you'll need to follow-up with a childs passport or if he can travel back on yours.





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