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Discussion Starter #1
Hi guys!

We've had a good look around these threads and couldn't really find anything that specifically points to our question/s at hand. Although I am sure it's answered somewhere.

Our Situation:
- I am an Australian citizen.
- My wife is Italian.
- We have been married for just over one year. Together for 12 years.
- We have a 9 month old baby.
- We currently live in Italy and we lived in the UK for 7 years together before hand.
- I have a residency card/visa for Italy.
- Our plan is for us all to now move to Australia.

We have been looking at the Australian Government website amongst others for the appropriate visa. We see that it is probably down to the parter/defacto visa for my wife. Where my son has birth right to a citizenship once we register him there - correct?

The problem and there in lie the questions:
The visa we found for my wife has a possible 13 month processing time and a $7,000 AUD fee. Is this correct?
She has a legal right to live with my son and I in Australia.
We are married. Legally!
So why such a harsh price tag and waiting period for something that is legally already a right? We are being incredibly put off by this. Needless to say!

Are we missing something?
Is there a different visa?
Other avenues?
Does this have to be done from outside of Australia?

Any suggestions or help would be greatly appreciated.
Thanks for listening to my rant!

Cheers
 

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Look at citizenship by descent for your child, which can be granted overseas.
Take advice about your wife obtaining a visitor visa and then applying onshore for a partner visa.
You would have to budget at least $10K, plus travel costs.
 

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Yes, $7,000 is the price. Your wife has no "right" to live in Australia, so she needs to apply for a visa and if she meets the criteria for eligibility, then a visa should be granted to her. The processing time is long because there is a high volume of applications and a limited number of immigration officials to process them.

I can't say how the price is set, but I guess it takes into consideration the overall cost of the government for immigration/border control, which visas have the most value/benefit to Australia (e.g. skilled migrants may add more benefit vs. family members), etc.
 

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Discussion Starter #6
Thanks for all the replies and input so far guys.. much appreciated.

So - the argument of whether or not my wife has the right or not and the insane processing fee aside.

Is there a way for my wife to enter on a visitor visa or apply for a defacto visa and then apply from with in Australia for the residency when applicable? I say this with the idea that we sort my sons citizenship out first.. Does this hold any merit?

Thanks
 

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Thanks for all the replies and input so far guys.. much appreciated.

So - the argument of whether or not my wife has the right or not and the insane processing fee aside.

Is there a way for my wife to enter on a visitor visa or apply for a defacto visa and then apply from with in Australia for the residency when applicable? I say this with the idea that we sort my sons citizenship out first.. Does this hold any merit?

Thanks
How will she become eligible for residency ?
Is she qualified and will take up a job and then get an invite ?

Cheers
 

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Discussion Starter #8
How will she become eligible for residency ?
Is she qualified and will take up a job and then get an invite ?

Cheers
Well if she entered on a de facto visa. After a period of time you are eligible to apply for residency correct? Or is that just dragging out the process..?
 

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Well if she entered on a de facto visa. After a period of time you are eligible to apply for residency correct? Or is that just dragging out the process..?
There is no free residency in Australia irrespective of how many years she lives here
She will have to apply for PR or spouse visa and pay fees

Cheers
 

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Discussion Starter #10
There is no free residency in Australia irrespective of how many years she lives here
She will have to apply for PR or spouse visa and pay fees

Cheers
For sure!

I wasn't suggesting free residency. :)

I just remember my brother having his UK born wife there on a MUCH CHEAPER De Facto visa and then applying for a MUCH CHEAPER residency afterwards.. around 1k each.. less than 10 years ago.
Spoke with him this morning regarding this.

But maybe that's all changed and prices have gone up.

Thanks for your help anyway!
 

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Is there a way for my wife to enter on a visitor visa or apply for a defacto visa and then apply from with in Australia for the residency when applicable? I say this with the idea that we sort my sons citizenship out first.. Does this hold any merit?
Thanks
It does hold merit..

Your wife can definitely apply for a visitor visa to come to Australia while you are waiting on an application outcome for the partner visa so long as the temporary visa matches intentions.

One caveat though...

The difficulty can be that a Visitor visa is limited to genuine visitors. You must intend to stay only temporarily in Australia. This may be difficult to prove if you are packing up and moving here.

I would suggest contacting your local Australian consulate to discuss options.

Given there is a "prospective marriage" visa that allows one to come to Australia get married and then wait out the time until the partner visa goes through, I would hope that there is something equivalent for those who are already married.
 
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