Would Appreciate Some Advice re: suitable visa for my wife and child

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Would Appreciate Some Advice re: suitable visa for my wife and child


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Old 08-31-2014, 03:46 PM
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Would Appreciate Some Advice re: suitable visa for my wife and child

Hi, thank you for reading my query,

My wife and child are Thai Nationals and I am an Australian National we live together in Thailand and have done so since early last year. We have completed the (off-shore) Migration to Australia Application which was lodged in June this year.

My employment here is ending soon and I am wanting to return home to Australia and to bring my family (wife and child) with me. We have not been appointed a CO at this time, and we understand the application for migration will take some time to be decided.

Can somebody please advise me if a TV is suitable for this situation or if there is a any other suitable visa options, so that we can be together in Australia whilst waiting for the outcome of our Migration visa.

Any thoughts or advice is much appreciated

Thank you


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Old 08-31-2014, 04:01 PM
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hello!

Since you already applied offshore visa for your wife and child. A family sponsored tourist visa should not be a problem. A lot of people do that, they applied tourist visa while waiting for their application offshore. be mindful that offshore application if granted, the person should be outside Australia. Ty

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Country: Philippines
Application Date: lodged Nov. 2011
Location: Offshore DIAC Manila
Agent: No
Visa Subclass : PMV (subclass 300)
Medical submitted : December 5,2011
C.O assigned : February 20,2012
Visa Granted: March 19,2012

----------------------------------------
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Old 08-31-2014, 04:16 PM
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Smile

Hey syntax,

Welcome to the forum
I agree with Oh8'sjustme
Many people while awaiting decision on their partner visa application visit their partner on a visitor/family sponsored visitor visa. The visitor visa can be granted for periods ranging between 3 to 12 months with some with a no further stay- condition 8503 and/or maximum of 3 months stay at a time. The applicants from high risk countries are most likely to have the condition 8503 on the visitor visas issued to them.

Hope this helps. Good Luck for both your partner visa and visitor visa application.

Kind Regards,
Becky

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Applied: AHC, New Delhi
Visa Grant:October 16, 2014
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Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
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Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
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Citizenship Ceremony: Awaiting

Last edited by Becky26; 08-31-2014 at 04:18 PM.

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Old 08-31-2014, 07:44 PM
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Quote:
Originally Posted by syntax View Post
Hi, thank you for reading my query,

My wife and child are Thai Nationals and I am an Australian National we live together in Thailand and have done so since early last year. We have completed the (off-shore) Migration to Australia Application which was lodged in June this year.

My employment here is ending soon and I am wanting to return home to Australia and to bring my family (wife and child) with me. We have not been appointed a CO at this time, and we understand the application for migration will take some time to be decided.

Can somebody please advise me if a TV is suitable for this situation or if there is a any other suitable visa options, so that we can be together in Australia whilst waiting for the outcome of our Migration visa.

Any thoughts or advice is much appreciated

Thank you
Hi
You use the term wife and child, is the child her's from a previous relationship or your's from the current relationship? If the latter then you can apply for Australian citizenship by citizen for the child and be able to remove them from the application. If not then yes a TV would be fine, recently a lot of people have found it relatively easy to get a TV visa to wait out their visa application. Don't forget they need to be outside Australia for the visa to be granted.

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Old 09-01-2014, 12:03 AM
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thankyou to all the replies , l should have stated l am the biological father of our daughter & she is 3 months old, we have completed & submitted the migration visa application (supplied all of the 'recomended' info also) l will look into everyones recomendations, cheers

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Old 09-01-2014, 01:19 AM
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Quote:
Originally Posted by syntax View Post
thankyou to all the replies , l should have stated l am the biological father of our daughter & she is 3 months old, we have completed & submitted the migration visa application (supplied all of the 'recomended' info also) l will look into everyones recomendations, cheers
In that case I would go to the Australian Embassy and register the birth of your child and them immediately apply for citizenship by descent. She will then be entitled to an Australian passport .
This will enable you to remove your daughter from the visa application and save the costs and worry of a medical exam etc.

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Old 09-01-2014, 01:43 AM
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Originally Posted by aussiesteve View Post
Hi
You use the term wife and child, is the child her's from a previous relationship or your's from the current relationship? If the latter then you can apply for Australian citizenship by citizen for the child and be able to remove them from the application. If not then yes a TV would be fine, recently a lot of people have found it relatively easy to get a TV visa to wait out their visa application. Don't forget they need to be outside Australia for the visa to be granted.
Hello Aussiesteve,
What you said is what I thought so, But I have read that a child born overseas to an Australian citizen does not obtain Australian citizenship by automatic operation of law. However, the person may apply for Australian citizenship by descent. Applications for Australian citizenship by descent are assessed according to requirements and eligibility such as;

-child were born outside Australia and one of your parents was an Australian citizen at the time of your birth

- If the child's Australian citizen parent became an Australian citizen either by descent or because they were adopted outside Australia then that parent must have been present in Australia (except as an unlawful non-citizen) for a total period of at least two years before they submitted the application.

.I am sure syntax already got an advice with regard to these matter. Have a good day Steve! Cheers!

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__________________
Country: Philippines
Application Date: lodged Nov. 2011
Location: Offshore DIAC Manila
Agent: No
Visa Subclass : PMV (subclass 300)
Medical submitted : December 5,2011
C.O assigned : February 20,2012
Visa Granted: March 19,2012

----------------------------------------
PR801 Eligibility : Dec 2014
PR801 GRANTED : June 2015
-------------------------------------------

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Old 09-01-2014, 02:21 AM
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Quote:
Originally Posted by Oh8'sjustme View Post

Hello Aussiesteve,
What you said is what I thought so, But I have read that a child born overseas to an Australian citizen does not obtain Australian citizenship by automatic operation of law. However, the person may apply for Australian citizenship by descent. Applications for Australian citizenship by descent are assessed according to requirements and eligibility such as;

-child were born outside Australia and one of your parents was an Australian citizen at the time of your birth

- If the child's Australian citizen parent became an Australian citizen either by descent or because they were adopted outside Australia then that parent must have been present in Australia (except as an unlawful non-citizen) for a total period of at least two years before they submitted the application.

.I am sure syntax already got an advice with regard to these matter. Have a good day Steve! Cheers!
Hi Oh8'sjustme
Syntax stated that he is an Australian National and that he was going to return home so he would therefore meet all the requirements needed for any natural born child to be eligible for citizenship by descent. That's why I suggested registration and immediate application for citizenship , i believe it takes around 6 weeks to process.

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Old 09-01-2014, 03:04 PM
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...I have just completed the Aust Citizenship by Descent appl for our daughter as she meets the criteria, although we have already included her in my wife's migration to Aust appl, and she had a med exam etc. My next step is to lodge a Family Sponsored TV.....thank you all for all the info its a great help


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Old 09-01-2014, 03:13 PM
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Thumbs up Good Luck!!!

Quote:
Originally Posted by syntax View Post
...I have just completed the Aust Citizenship by Descent appl for our daughter as she meets the criteria, although we have already included her in my wife's migration to Aust appl, and she had a med exam etc. My next step is to lodge a Family Sponsored TV.....thank you all for all the info its a great help
You might have to fill form 1022- Change of Circumstances to withdraw your daughter's application so she is not included in your partner's visa application because she is eligible for Australian citizenship by descent.
Seniors, please correct me if I'm wrong. Thank You!
Good Luck syntax.

Kind Regards,
Becky

__________________
2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

Applied: AHC, New Delhi
Visa Grant:October 16, 2014
PR Eligibility: July 22, 2015
Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
Citizenship Eligibility: October 20, 2018
Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
Citizenship Approval: August 24, 2019
Citizenship Ceremony: Awaiting

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