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Discussion Starter · #1 ·
Hi,

I have few queries with respect to migration of our child to Australia. I and my wife hold a permanent resident visa for Australia. The child is born in India. We now plan to apply for Child visa 101 which takes 14 months. But we want to move to Australia before June'14 so that we are eligible for 5 year RRV once our visas expire in July'16. Is there a possibility that we apply for visitor visa for our child for him to enter Australia and later we can apply for a PR visa for the baby from Australia (Child visa 802)?

Regards
Dass
 

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Discussion Starter · #2 ·
Thanks for your reply.

Is there any possibility to request for not imposing 8503 condition at the time of visa application? What If we mention in the cover letter that we plan to apply for PR visa for child after entering Australia? If not what is the purpose of Child visa class 802 which allows to apply for PR visa while the child is in Australia?

Or can you suggest any other alternatives so that child can be moved to Australia without waiting for duration of 14 months?

Thanks
Dass
 

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Discussion Starter · #3 ·
If we apply for child visa off shore and move to Australia with the visitor visa for baby, then my wife would have to go back from Australia after 3 months. She plans to work there and going back will not be possible in that case. Also I guess to get the 5 year RRV, all the applicants needs to be in Australia for minimum of 2 yrs out of 5. :(
 

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you seem surprised that DIAC impose certain conditions on PR.......well I suppose you have some decisions to make here...like for instance do you actually want to live in Australia- your application for RRV will be considered on that basis- & you haven't actually lived there at all yet?
 

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Discussion Starter · #5 ·
We plan to settle down in Australia. Since we have another 2 and a half years before our visa expires, we want to move there as soon as possible so that we fulfill the criteria of living in Australia for atleast 2 years to get the 5 year RRV.

Any idea what are chances of getting a tourist visa for baby for 12 months so that we can apply for the child visa offshore and move to Australia with the 12 month tourist visa for the baby. Hopefully we would have the child visa by end of 12 months. Any other alternative if anyone can suggest?
 

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Hi dass, even I am in same situation as yours. Please suggest me some ideas. Me & my partner are PR of Australia. I am in India with my 4 month old baby. We thought of applying tourist visa and then apply onshore child visa 802. Do u have any ideas of whether is it possible to waive 8503 condition? Please reply me.
Thanks
Sara
 
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No its not and in all likelihood the child wont be granted a tourist vusa as they will see you are trying to get round the visa rules.
 

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Discussion Starter · #8 ·
Hi Sara,

As shel said, it is not possible. I have inquired with Adelaide and as they said tourist visa is for genuine visitors so it is highly unlikely that tourist will be granted or 8503 condition to be waived off.

Regards
 

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thats right. apply for PR for child right away. although they say that there is a 1 year waiting period, time lines says around 5 - 8 Months max if all are okay
 

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Discussion Starter · #10 · (Edited)
Sara,

What you can try is apply for child visa 101 from India. After that you can apply for tourist visa for your baby for 12 months. Still the chances are not very high that the tourist visa will be approved for 12 months. But its worth giving it a try as its better than paying for tourist visa and 3500$ for child visa 802. In India you will pay 2500$ for child visa 101. But also keep in mind that if tourist visa for your baby gets approved, you would have to bear some the medical expenses for the baby even after buying a medical insurance. For example, vaccinations are not covered by medical insurance.
 

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Hi,
Thanks for ur reply dass,shel & Aravind. Dass I am ready to bear all the expenses for my child in Australia.only thing is we wish to apply onshore visa rather than offshore visa. One question is that then what's the point of having onshore child visa? I have asked various migration agents regarding this but I couldn't get proper solution.i am ready to spend money.

Thanks,
Sara
 
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The purpose is for example you are in Australia on a visa that allows you to live there with your child, you then apply onshore for the child visa.

Many older children whos parents migrated use a working holiday visa to visit them, them then apply onshore for instance.

If a child applies for a tourist visa when both parents have PR visas it is likely to be rejected or given a no further stay as they are a risk of overstaying if not granted any further visa as their parents have permission to stay.
 

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Discussion Starter · #14 ·
After struggling for options for over a month, we feel that its better to go ahead with application of Child Visa 101. Only point of concern for us is "Assurance of Support". After the application is submitted, government might ask for "Assurance of Support (AOS) - A commitment to support a person who is applying to migrate to Australia, so they will not have to rely on payments on government once they have arrived". They may or may not accept AOS from parents and it has be to be provided from AUS citizen or resident.

We are just wondering what are the cases when govt can ask for AOS and what if you dont know anyone who can give AOS for your child?
 
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It is highly unlikely you will be asked for an AOS. it is no longer compulsory for this visa and it would take a dire situation for it to be asked for. I have not heard of it being requested for a spouse or child visa in a long time.

If you or your partner were dependent on welfare in Australa, if you had never worked or had nowhere to live it may be an issue if not dont worry about it.

Apply for the child visa offshore. It is cheaper and actually processed quicker than applying onshore. Very shortly after applying for that apply for a long stay tourist visa for the child and go to Australia. You should then only need to leave with the child when it is about to be granted.
 

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Discussion Starter · #16 ·
If you or your partner were dependent on welfare in Australa, if you had never worked or had nowhere to live it may be an issue if not dont worry about it.
When you say that we have never worked, do you mean specifically about working in Australia? We have never worked in Australia but have good job in India.
 
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Working in india is fine. They ask for proof of ability to support the child which can be shown with payslips from anywhere, that shows you usually work so should work in australia.

I honestly wouldn't worry about the AOS if you can show you or at least one of you usually works
 
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