Visa category to apply while an application for permanent migration is in progress.
Mangalaganesh Balasubramanian
I had applied for my kids PR in January. It might take a few months to
get the PR visas . If i want to take my kid while this application is
being processed byDIMIA what are the options i have?
(a) Tourist Visa.
(b) anyother visa??
I believe some ofyou guys out there would have done something while
waiting fo ryour partner's or kids visa.
Appreciate if you could share your experiences and suggestions.
Manglu
Gill Palmer
Dear Manglu
Where are you? Are you in the UK? If so, I suggest two ideas:-
1. It is possible to e-mail the Australian High Commission in London
about visa-queries for somebody who is resident in the UK but who wants
to visit Australia as a tourist or as a sponsored family-visitor. The
e-mail address is first enquiries@ something or other. (dfat.gov.au
or something like that, but you can get the proper address from the
London website.)
2. It is also possible to e-mail whichever DIMIA office is handling
your application on behalf of your children.
Why don't you find both e-mail addresses, and e-mail both ends of the
DIMIA operation, explaining what you want, why and asking them what
options you might have?
I've done this on behalf of my mother, recently. I cannot praise
DIMIA's e-mail efficiency too highly. They replied in less than 24
hours, and they made super-helpful suggestions which I had not thought
of myself. Because of the speed with which "London" replied to me, I
suspect that their reply came from Canberra. Nothing else would have
worked with the time-difference.
If you are not in the UK, it is presumably possible to contact the
Australian Delegation in whichever country you are in, maybe not by e-
mail but it can definitely be done.
Hope this helps
Gill
--
Posted via http://britishexpats.com
wmoore
You can apply for a tourist visa but you MUST inform DIMIA of your
change of circumstances. Because if by some chance they issued the PR
visa, then you got a tourist visa the next day, the PR visa would be
cancelled. Trad carefully ....
Gill Palmer
> You can apply for a tourist visa but you MUST inform DIMIA of your
> change of circumstances. Because if by some chance they issued the PR
> visa, then you got a tourist visa the next day, the PR visa would be
> cancelled. Trad carefully ....
Mod
Your point is a good one. I didn't mention it because I didn't want to
confuse at this stage.
Query: Manglu's children appear to be minors. Would their other
parent's consent be needed in order for them to visit Australia as
tourists unless the other parent is travelling with them?
I don't know, which is why I'm asking you.
Thank you
Gill
wmoore
> Mod
>
> Your point is a good one. I didn't mention it because I didn't want
> to confuse at this stage.
>
> Query: Manglu's children appear to be minors. Would their other
> parent's consent be needed in order for them to visit Australia as
> tourists unless the other parent is travelling with them?
>
> I don't know, which is why I'm asking you.
>
> Thank you
>
> Gill
I don't honestly know. It's a good point and worth checking to avoid
any mess up.
Marie's big sister
> Mod
>
> Your point is a good one. I didn't mention it because I didn't want
> to confuse at this stage.
>
> Query: Manglu's children appear to be minors. Would their other
> parent's consent be needed in order for them to visit Australia as
> tourists unless the other parent is travelling with them?
>
> I don't know, which is why I'm asking you.
>
> Thank you
>
> Gill
Hi,
It is a criminal offence for a person connected with a child under 16 to
take or send the child out of the UK without the appropriate consent
(Child Abduction Act 1984 as amended by the Children Act 1989).
Connected persons include a parent and a person in whose favour a
residence order is in force with respect to the child.
No offence is committed under the CAA 1884 if the person taking or
sending the child out of the UK is a person in whose favour there is a
residence order and he takes or sends the child out of the UK for a
period of less than 1 month.
In general terms consent is needed either from the person with parental
responsibility or from the court.
If the mother of Manglu's children is not travelling with them (and she
is not deceased) Manglu will have to have her consent if he wants to
take his children out of the UK for 1 month or more. Less than one month
is ok but only if he has a residence order (used to be called custody).
Hope this helps.
Susan.
Gill Palmer
> Quite true. Also, this thread may have taken a wrong turn and s/he
> may not be travelling either without their mother/father or her/his
> consent!
>
> Susan.
Also very true! Unfortunately Manglu has not provided enough
information as yet. Perhaps if he or she would care to do that,
further help may be possible.
Cheers
Gill
Mangalaganesh Balasubramanian
Thanks for all the suggestions.
Sorry i could not post my responses earlier,
I am in India and i had dropped a note to the Australian embassy in New
Delhi and waiting for their reply. I should have stated where i am
from. I shall provide as much information as possible before posting
any new questions in the future.
My kid is a minor (6 months old) and if he travels on a tourist visa he
would be accompanied by myslef and my wife so the "without consent"
clause does not apply.
Thanks a lot for all the answers and suggestions. I shall post the
response once i receive a reply from the Australian embassy/DIMIA.
Manglu
Gill Palmer
Dear Manglu
No need to apologise.
There is a firm of solicitors in Sydney called Parish Patience. Their
Managing Partner, David Bitel, acts for various Governments in your
parts of the world in matters of Australian Migration.
David Bitel is one of the founders of the Immigration Advice and Rights
Centre based in Sydney. (IARC, anyway, and IARC + Sydney + Australia
should take you straight to it, via a search-engine.) I'm not sure
exactly who runs the IARC, or what their fee-structure is, but I suspect
that they may well have hands-on experience of advising someone else
from India with wishes identical to your own. You might find their help
invaluable.
Good luck and let us know how you get on.
Best regards
Gill
JAJ
If your child is an Indian citizen he or she may not be granted a
tourist visa, especially with a PR application in the system.
And even if the visa was granted, it may come with all kinds of
complications (like a no further stay condition) and you would
definitely have to leave Australia for your child's PR visa to be
granted.
Jeremy
--
This is not intended to be legal or professional advice in any
jurisdiction
Posted via http://britishexpats.com
Trayla
> If your child is an Indian citizen he or she may not be granted a
> tourist visa, especially with a PR application in the system.
>
> And even if the visa was granted, it may come with all kinds of
> complications (like a no further stay condition) and you would
> definitely have to leave Australia for your child's PR visa to be
> granted.
>
>
>
> Jeremy
Jeremy,
Does this apply from the UK also?
I am collecting my children from the UK in a few weeks.
My husband in the UK agreed to return them after I made a Hague
application for their return. I have a court order from the high court
stating that the children be returned to Australia.
The major complication at the moment is, I have applied for Graduate
Skilled Visa, if its not granted by the time I leave, I will have to get
a Bridging Visa to allow me to leave australia.
The children will need to come on a tourist visa.
What complications could I expect to face?
Any advice would be much appreciated.
Trayla
JAJ
> Jeremy,
>
> Does this apply from the UK also?
>
> I am collecting my children from the UK in a few weeks.
>
> My husband in the UK agreed to return them after I made a Hague
> application for their return. I have a court order from the high
> court stating that the children be returned to Australia.
>
> The major complication at the moment is, I have applied for Graduate
> Skilled Visa, if its not granted by the time I leave, I will have to
> get a Bridging Visa to allow me to leave australia.
>
> The children will need to come on a tourist visa.
>
> What complications could I expect to face?
>
> Any advice would be much appreciated.
>
> Trayla
Were the children not on your student visa?
Trayla
> Were the children not on your student visa?
>
>
>
> Jeremy
They were but it expired in October whilst they were in the UK. I
had to put them as dependents not migrating at the time of my
application for PR.
WESTLY
> Dear Manglu
>
> No need to apologise.
>
> There is a firm of solicitors in Sydney called Parish Patience. Their
> Managing Partner, David Bitel, acts for various Governments in your
> parts of the world in matters of Australian Migration.
>
> David Bitel is one of the founders of the Immigration Advice and
> Rights Centre based in Sydney. (IARC, anyway, and IARC + Sydney +
> Australia should take you straight to it, via a search-engine.) I'm
> not sure exactly who runs the IARC, or what their fee-structure is,
> but I suspect that they may well have hands-on experience of advising
> someone else from India with wishes identical to your own. You might
> find their help invaluable.
>
> Good luck and let us know how you get on.
>
> Best regards
>
> Gill
IARC do not charge fees