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Tourist Visa Husband And Son?

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I have a bit of a complicated one.

 

I was married to a man from my home country in 2013. I am an Australian citizen and he isn't.

 

He has never been to Australia and we met in our home country. In 2012 we had a son and got married in my country in 2013. I would go back twice a year to visit him and for him to spend time with our son. At the end of 2014 I got pregnant again and we decided he would stay in my home country with our son while I returned to Australia to work and have our daughter. (Our son born in 2012 is an Australian citizen and was born in Australia)

 

I gave birth to our daughter a few weeks ago and we are applying for a tourist visa for my husband. We have supplied a employer letter and bank statements from myself as well as an invitation letter saying I want to see him and our son and also for him to meet his new daughter.

 

What are the chances of the visa being approved. We are looking to do a spouse visa next year but It takes a while and I would love to spend Christmas with him and our son.

 

Our son has an Australian passport will he be listed on the application? What are the chances of the visa being granted?

 

Thanks in advance

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I have a bit of a complicated one.

 

I was married to a man from my home country in 2013. I am an Australian citizen and he isn't.

 

He has never been to Australia and we met in our home country. In 2012 we had a son and got married in my country in 2013. I would go back twice a year to visit him and for him to spend time with our son. At the end of 2014 I got pregnant again and we decided he would stay in my home country with our son while I returned to Australia to work and have our daughter. (Our son born in 2012 is an Australian citizen and was born in Australia)

 

I gave birth to our daughter a few weeks ago and we are applying for a tourist visa for my husband. We have supplied a employer letter and bank statements from myself as well as an invitation letter saying I want to see him and our son and also for him to meet his new daughter.

 

What are the chances of the visa being approved. We are looking to do a spouse visa next year but It takes a while and I would love to spend Christmas with him and our son.

 

Our son has an Australian passport will he be listed on the application? What are the chances of the visa being granted?

 

Thanks in advance

 

If the application is prepared properly it would have every chance of success. 

 

If your intention is to apply for the partner visa as you have stated, why not apply for the partner visa now, and then a tourist visa during the processing of the partner visa.


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Several factors including financial is why we hadnt applied yet. Also I wanted us to apply for the spouse visa once I am no longer pregnant and off maternity leave back at work.

 

Also when I spoke with an lawyer a while back (he was a bit dodgy) he said because we have kids if he comes on a tourist visa and if he does have "no further stay" listed on his visa we can possibly get it waived as we have kids.

 

Does my son who has an Australian passport need to be listed on his application?

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Several factors including financial is why we hadnt applied yet. Also I wanted us to apply for the spouse visa once I am no longer pregnant and off maternity leave back at work.

 

Also when I spoke with an lawyer a while back (he was a bit dodgy) he said because we have kids if he comes on a tourist visa and if he does have "no further stay" listed on his visa we can possibly get it waived as we have kids.

 

Does my son who has an Australian passport need to be listed on his application?

 

That is indeed some very dodgy advice indeed. In order to get Condition 8503 waived, since the grant of the visa (to which 8503 is attached) the following MUST be satisfied:

  • since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
  • over which the person had no control; and
  • that resulted in a major change to the person's circumstances.

With regards to his tourist visa application, I suggest you include as much evidence as necessary to show that he would return prior to his tourist visa expiring. 


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That is indeed some very dodgy advice indeed. In order to get Condition 8503 waived, since the grant of the visa (to which 8503 is attached) the following MUST be satisfied:

  • since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
  • over which the person had no control; and
  • that resulted in a major change to the person's circumstances.
With regards to his tourist visa application, I suggest you include as much evidence as necessary to show that he would return prior to his tourist visa expiring.

The lawywer is dodgy I have not gone back to him.

 

We are adding his employment letter and adding the fact his parents and grandparents rely on him and his income in our home country.

 

Thanks for all your advice I'll update on the outcome.

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If you are a Aussie Citizen, then you can apply for a Sponsored Family Tourist Visa.  Assuming you can prove he is either 1) father of the kids 2) your permanent partner.

 

As an Australian citizen, trying to bring your children together with their father, I would pick up the phone and ring Immigration.

 

They are here to help.  They are NOT the enemy.

 

Yes your lawyer sounds dodgy, is he a registered Immigration agent?  (even lawyers must be registered agents)


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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You are an Aussie.  Call IMMI, they will do everything to help.  Trust them, they are in our side.  Just be 100% open and honest.

 

Dump the lawyer, call IMMI, costs you $0.35c

 

Or go and see them, $2.50 for bus fare.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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