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HAVEFUN

VISA OPTIONS – for a child (German & Thai citizen) & partner and mother of the child (Thai citizen)

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Hi there,
I am a dual citizen (German and Australian). I have a one-year-old baby girl with my partner from Thailand. My partner is a Thai citizen.

Our girl has the German and the Thai passport. 
What visa options do I have to get them to Australia?

Cheers

Stefan

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Thanks for the quick answer.

I forgot to mention that I was not an Australian citizen at the time of birth of our daughter.

About myself, I am separated for 3 years but still married...

Our daughter has the German citizen and I was hoping for a visa where my partner and mother of our child can follow our daughter.

Thanks

Cheers
Stefan

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1 hour ago, HAVEFUN said:

Thanks for the quick answer.

I forgot to mention that I was not an Australian citizen at the time of birth of our daughter.

About myself, I am separated for 3 years but still married...

Our daughter has the German citizen and I was hoping for a visa where my partner and mother of our child can follow our daughter.

Thanks

Cheers
Stefan

Welcome to the Australian Visa Forum,

If you weren't an Australian citizen at the time of your daughters birth, then your daughter does not qualify for Australian citizenship. 

I am a little confused by the following "hoping for a visa where my partner and mother of our child can follow our daughter". Do you just mean a visa for both your partner and daughter?

As Aussie_83 has said the most suitable pathway would be the partner visa 309 & 100 (Depending upon their location and current visa status at time of application). Your partner would be the primary applicant, and your daughter the secondary applicant. 

As you have a child to your partner, she would probably meet the de facto criteria. See: One year relationship requirement for de facto partners 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Hi,

again thanks for your answers.

Both my child and partner are living in thailand.

i only thought if I apply for a child visa maybe my partner can follow the child ?

thanks

cheers 

Stefan

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35 minutes ago, HAVEFUN said:

Hi,

again thanks for your answers.

Both my child and partner are living in thailand.

i only thought if I apply for a child visa maybe my partner can follow the child ?

thanks

cheers 

Stefan

Hi Stefan,

The most suitable option is the partner visa for your partner with your child added as a secondary non-migrating applicant. In fact IMHO it is the only option.

If you were thinking of a parent visa, this would be a terrible pathway for at least 10 reasons I can immediately think of. And just for starters your child would need to be a settled Australian permanent resident which is many years off. Then you would need to look at the balance-of-family test. Where the mother is able to make an application, processing times and considerable, times spent apart from the child etc. IMHO the only time you would remotely consider this, based on the circumstances you have posted, is where there is no relationship between the parents.  


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3 hours ago, AFV said:

Hi Stefan,

The most suitable option is the partner visa for your partner with your child added as a secondary non-migrating applicant. In fact IMHO it is the only option.

If you were thinking of a parent visa, this would be a terrible pathway for at least 10 reasons I can immediately think of. And just for starters your child would need to be a settled Australian permanent resident which is many years off. Then you would need to look at the balance-of-family test. Where the mother is able to make an application, processing times and considerable, times spent apart from the child etc. IMHO the only time you would remotely consider this, based on the circumstances you have posted, is where there is no relationship between the parents.  

Totally agree. For a parent visa the child must already be a settled Australian permanent resident. Based on processing time frames, you would be looking at at least 4 years from now before the parent is even eligible to make an application. 

Then you would have to look at the balance of the family test. At least half of the applicants children must live in Australia or more of the applicants children live in Australia than any other country. 

The biggest hurdle would be whether the parent could apply in Australia. To do so, the parent would have to be in Australia on a valid visa, and not having Condition 8503 attached to it. Otherwise the application would need to be lodged outside of Australia. A parent visa (subclass 103) is cap and queue visa, meaning that only a certain limit are granted each year. Waiting times can be up to 30 years for this visa. 

 

 


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Thanks for your answers. Its helped a lot.

Can I apply first for a Visitor Visa and when they are here can I apply for the partner visa?

Thanks
Cheers
Stefan

 

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1 hour ago, HAVEFUN said:

Thanks for your answers. Its helped a lot.

Can I apply first for a Visitor Visa and when they are here can I apply for the partner visa?

Thanks
Cheers
Stefan

 

As your daughter has a German passport, she would be eligible for an ETA visa (Electronic Travel Authority). This would allow her to travel to/from Australia as many times in a 12 month period, with a maximum stay of 3 months on each visit.  

As your partner holds a Thai passport, she is not eligible for an ETA visa, but would need to apply for a subclass 600 visitor visa (tourist stream).

Can the partner visa be applied for in Australia?

Firstly, to apply in Australia for the partner visa (subclass 820 and 801), your partner, and any secondary applicants (your daughter) must be in Australia at time of application and holding a valid visa which does NOT have the condition Condition 8503 attached to it. Condition 8503 prevents a person from applying for any other visa whilst they are in Australia. If the condition is present, they cannot make any other application in Australia, but must apply outside of Australia.

The obstacle you will have, is that whilst Condition 8503 cannot be imposed on an ETA visa, it is discretionary to impose it on a subclass 600 visitor visa (tourist stream). It is a condition which is very commonly imposed on applicants from high risk countries. Therefore if your partners visitor visa has condition 8503 attached to it she will only be able to make an offshore application for the partner visa (subclass 309 & 100). 

More information here on Condition 8503


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@HAVEFUN I am in a similar position to you. Just about to start the process for the partner visa in Thailand. My Thai girlfriend and I have been together since 2013. Her first tourist visa was refused, but since then she has been to Australia 8 times. He first 4 visas did have the condition 8503 on them. If she was to apply again for another tourist visa she would probably get another tourist visa without condition 8503, but  applying in Thailand suits us as we have a baby due in 6 months. 

I am not sure about this, but if she applies in Thailand for the partner visa, I think she can be given what is called a bridging visa so she can travel to Australia whilst the partner visa application is being considered which takes up to 2 years. 

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Just now, privatepilot said:

@HAVEFUN I am in a similar position to you. Just about to start the process for the partner visa in Thailand. My Thai girlfriend and I have been together since 2013. Her first tourist visa was refused, but since then she has been to Australia 8 times. He first 4 visas did have the condition 8503 on them. If she was to apply again for another tourist visa she would probably get another tourist visa without condition 8503, but  applying in Thailand suits us as we have a baby due in 6 months. 

I am not sure about this, but if she applies in Thailand for the partner visa, I think she can be given what is called a bridging visa so she can travel to Australia whilst the partner visa application is being considered which takes up to 2 years. 

This is incorrect.

If a person applies for a partner visa outside of Australia, they must be outside of Australia at time of application and time of decision. If they want to visit Australia during the processing period, then they must apply for and be granted a visa that allows them to do so, such as a visitor visa.

A Bridging visa relates to onshore applications only. It allows a person to remain lawfully in Australia whilst a decision is made on their onshore application.


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thanks 

this is very interesting...

If I apply for a Visitor Visa I only can hope that she gets the visa without the condition 8503 😞 So that's a gamble...

But if we apply in Thailand for a partner Visa and after we apply for a Visitor Visa my partner and our baby can come for a visit.

Cheers

Stefan

 

 

 

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22 hours ago, privatepilot said:

@HAVEFUN I am in a similar position to you. Just about to start the process for the partner visa in Thailand. My Thai girlfriend and I have been together since 2013. Her first tourist visa was refused, but since then she has been to Australia 8 times. He first 4 visas did have the condition 8503 on them. If she was to apply again for another tourist visa she would probably get another tourist visa without condition 8503, but  applying in Thailand suits us as we have a baby due in 6 months. 

I am not sure about this, but if she applies in Thailand for the partner visa, I think she can be given what is called a bridging visa so she can travel to Australia whilst the partner visa application is being considered which takes up to 2 years. 

Hi Privatepilot,

Do I apply online for the Visa Subclass 600 stream Tourist or stream sponsored family ?  Is the Visa easy to get? What are the difficulties to get the visa, any tips ?

Thanks

Cheers

Stefan

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1 hour ago, HAVEFUN said:

thanks 

this is very interesting...

If I apply for a Visitor Visa I only can hope that she gets the visa without the condition 8503 😞 So that's a gamble...

But if we apply in Thailand for a partner Visa and after we apply for a Visitor Visa my partner and our baby can come for a visit.

Cheers

Stefan

 

 

 

If she applies for the partner visa in Thailand (subclass 309 and 100), processing time is currently 13 to 17 months from date of application. All applicants must be outside of Australia at time of application and decision. She can apply for a tourist visa to visit Australia during this time, but must still meet all of the criteria for the grant of a tourist visa.

8 minutes ago, HAVEFUN said:

Hi Privatepilot,

Do I apply online for the Visa Subclass 600 stream Tourist or stream sponsored family ?  Is the Visa easy to get? What are the difficulties to get the visa, any tips ?

Thanks

Cheers

Stefan

Just FYI. If you apply for the sponsored family visitor it is mandatory that condition 8503 is imposed. Under the tourist stream is is discretionary. I just thought I would flag this with you if your intention was to apply in Australia for the partner visa.

 


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22 hours ago, AFV said:

If she applies for the partner visa in Thailand (subclass 309 and 100), processing time is currently 13 to 17 months from date of application. All applicants must be outside of Australia at time of application and decision. She can apply for a tourist visa to visit Australia during this time, but must still meet all of the criteria for the grant of a tourist visa.

Just FYI. If you apply for the sponsored family visitor it is mandatory that condition 8503 is imposed. Under the tourist stream is is discretionaryI just thought I would flag this with you if your intention was to apply in Australia for the partner visa.

 

3

Thanks, good to know I will use the tourist stream :-) If we are lucky we can apply for the partner visa here if not we apply when they get back to thailand.

Cheers

Stefan

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I am filling the application for the Visitor visa Subclass 600 Visitor stream. And im not sure about a few questions 😞

Non-accompanying members of the family unit
Does the applicant have any members of their family unit not travelling to Australia who
are not Australian citizens or Australian permanent residents?

Do I have to list everyone from her family who is not coming to Australia for a visit?

Health insurance

Does the applicant have health insurance arranged for their stay in Australia?

Do I have to arrange a health insurance? Any suggestions about the type of insurance and with who?

Thanks

Cheers

Stefan

 

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With regards to the health insurance question. What form are you using?

For a visitor visa non-accompanying members of the family unit would include partners and children.

 


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51 minutes ago, AFV said:

With regards to the health insurance question. What form are you using?

For a visitor visa non-accompanying members of the family unit would include partners and children.

 

I fill the online application for a Subclass 600 tourist stream. The question is on page number 15 

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8 minutes ago, HAVEFUN said:

I fill the online application for a Subclass 600 tourist stream. The question is on page number 15 

What period of stay have you requested in Australia?


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2 hours ago, HAVEFUN said:

I requested a 12months stay 

 

cheers

stefan

As a long stay of 12 months has been requested, this has triggered that question 15 being asked. This question is not asked for a short stay period.

Whilst health insurance is not required to make an application, if a 12 month visa is granted, it will most probably be subject to Condition 8501          

Condition 8501 - The holder must maintain adequate arrangements for health insurance while the holder is in Australia.

 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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