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Hello, members of this forum,

I and my wife live in Australia under a student visa. At this time our kid is with his grandparents. But we financially cover all his expenses. We are now applying for permanent residency and want to include our kid. I am a bit confused about the following question

1.Is this child in the primary applicant's care and legal custody? YES/NO



shal we say YES or NO ?

does "care" "necessarily mean the child should physically be living with us. No one has legal custodial, access or guardianship rights to this child.


Thank you in advance for your help
 

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You should answer YES to this question because answering NO would popup a set of other questions and requirements about the "other" person who has the legal custody of your child, a form 1221 and/ or a court order will be required to clear immigration for the child, and so on... I don't think all this applies in your case even if you are not living together.

This question makes sense if the child were from a previous relationship and the "other" person would thus be your or your partner's ex.

Moreover, should case officer assess your situation and determine that you should have answered otherwise, they will ask you to submit a correction to this question (or any other question for that matter) and additional documentation accordingly, but I believe you should proceed with a YES to this question for now.
 
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