Jump to content


3
* * * * * 1 votes

Help With Bringing Wifes Kids To Australia

wifes kids children visa

5 replies to this topic

#1 Ash001

Ash001

    Member

  • Members
  • PipPip
  • 20 posts

Posted 06 May 2016 - 11:19 AM

What is the best option to bring my wife's kids to Australia to live. ?

 

My Filipino wife and I have lodged our partner visa a few months ago. We fit all the requirements.

 

As my wife lives in Australia and the kids don't,  we cannot put her two kids on the partner visa. What options do we have for the kids?

 

Back ground info

  • Wife is on higher education student visa expires Sep 2016, Bridging visa A grated for after Sept and Partner visa lodged. I need change bridging visa from A to B next few weeks for multiple entry's
  • Two kids 4 & 8 years  still in Philippines living with grand mother and American step father.
  • We are legally married and live in Australia
  • Kids are not on the student visa.
  • I am not the father of the kids.

 

Any help would be very much appreciated

 

Ash  

 

 

 




#2 AussieDude

AussieDude

    Champion

  • Members
  • PipPipPipPip
  • 1,335 posts
  • LocationSydney

Posted 12 May 2016 - 08:18 PM

The partner visa application asks if there are any kids involved, why did you not declare them then?

 

When you say we can not put them on the PV, why?

 

Aside....

 

Once your wife has PV, she can sponsor the kids.

 

But this is complex, and I am missing something here.  I am assuming that your wife has never disclosed to DIBP that she has kids, being the case, that was wrong.

 

So, my advice is this,  Both of you go and visit DIBP face to face and discuss your case.  When there are kids involved, DIBP will do everything to assist.  Having translated and certified birth certificates for the kids at that time will help.  

 

Does the biological father agree to them immigrating?  In some countries (Thailand, Philippines) this is often an issue, as its seen as a method to profit by the father, and the local authorities will not issue a passport until he agrees.


  • Ash001 likes this


#3 Ash001

Ash001

    Member

  • Members
  • PipPip
  • 20 posts

Posted 13 May 2016 - 11:22 AM

Thanks for your repley AussieDude.

 

When doing the "on shore" PV application from Australia we put the kids on the application to be included in the PV. . When going to the next page of the application a error message comes up saying the kids are not allowed on the visa. I called DIBP and they advised that as the kids are "off shore" being that they are still in the Philippines they cannot be included in the application. To include them in the PV they need to be in Australia when applying. Later in the application it asks for family members that are not included on the PV. The kids and other family are in this section of our PV application.

 

So from what DIBP told me the kids need a separate application.

 

The other option was for my wife to go back home and we do a off shore application for her and the kids from Manila but she has a life in Aust now.

 

I also though possibly bring them to Australia on a Tourist  visa or add them to my wife's current  Student visa and then change our PV as they will be in Australia. .

 

I agree with you that a face to face interview may be a better option.




#4 AussieDude

AussieDude

    Champion

  • Members
  • PipPipPipPip
  • 1,335 posts
  • LocationSydney

Posted 15 May 2016 - 01:51 AM

What a shit fight, DIBP get it so wrong sometimes.  I checked what you have stated and under the new guidelines your correct.

 

If the kids are happy and fine in Manila without you, and this is manageable, then I would probably get your PMV in and approved, then start theirs. Their case will be almost automatic once yours is approved. But you must declare you have kids on the pMV, under the remaining family question.

 

Agreed, option 2 is she returns and applies for all 3, offshore.  Check the fees, they charge more for each applicant.

 

To bring them to Australia, they would need a VV.  There is a (strong) chance that their VV will have a condition 8503 applied, which means no further stay, and they can not apply on shore. Its a risk. A PR nightmare.

 

A good immigration lawyer, based in Au, would probably assist greatly.  They have the ability to appeal and apply at same time. Un-accompanied minors, making migration applications is complex. It triggers all sorts of UN child protection criteria.

 

If you have the $$, get a MARA certified lawyer onto this. Or at least pay for an initial consultation.  Good advice is worth it weight in Gold.


  • Ash001 likes this


#5 Ash001

Ash001

    Member

  • Members
  • PipPip
  • 20 posts

Posted 15 May 2016 - 10:25 AM

Thanks again,

 

The kids are fine they are in a midle class family and great private schooling in Cebu. Of coase we would rather them with us. They been away from my wife for two years now although we do visit a few times a year.

 

The other issue I see coming is the father is not on the birth certificate. My wife says this is normal but I see it as a red light.

‚Äč

As you suggested I will try find a MARA lawyer in Perth to get advise.




#6 AussieDude

AussieDude

    Champion

  • Members
  • PipPipPipPip
  • 1,335 posts
  • LocationSydney

Posted 29 June 2016 - 03:05 AM

Not having the father n the Birth Certificate is not nessacerily a bad thing.  It means only one parent needs to give concent for the kids to travel.








Also tagged with one or more of these keywords: wifes, kids, children, visa

0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users