Jump to content
MadHatta

No idea where to start

Recommended Posts

Long story short. I traveled to and met my girlfriend in Vietnam early 2016. In 2017 we went to Australia for 3 months. 3 month tourist visa was no issue. Then back to Vietnam we came. 1 month ago we had a son and are in the process of organizing his citizenship for Australia. But what happens if we want to move to Australia next year??? Am I just to go back with my girlfriend on another 3 month tourist visa then return back to Vietnam?? I'm looking at buying a home back in Oz eventually so living between the two countries is appealing to us until it is time to decide on our child's education. But I need to figure out my options and if there is anything I should be doing or planning on.

Kind regards

MH

Share this post


Link to post
Share on other sites

I would suggest you look into a Partner Visa (PV). If your ultimate plan is to settle as a family in Australia.

If her current (?) or next Tourist Visa is granted WITHOUT condition 8503 (No Further Stay) I would apply for a PV on shore, which means she can continue to stay while the PV is processed (can be 12-18 months wait).  Failing this she will need to remain offshore during the PMV processing.  A series of Tourist Visa's will only be tolerated by IMMI for so long, as that is not what they are intended for, meaning, a replacement for a migration visa.

 

Key to the PV is proving that your relationship has existed for more than 12 months prior to application.  If you can't apply onshore for a PV, another path would be applying for a Prospective Marriage Visa, then into a PV once married.


 

 

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.

 

Share this post


Link to post
Share on other sites

Ok, thanks for that advice. It has not changed since the post?

Yes, our ultimate plan is to settle as a family in Australia.

We recently spoke to the Visa agent we used for her 3 month tourist visa in 2017 and they said we could apply for the 3 month tourist visa and do the onshore PV in Australia. This would be great if true, as I am now at the point where I want to return to Australia permanently with occasional visits to Vietnam. Our sons citizenship is still being processed (some delays this year, that's life) but I provided everthing they needed and expect/hope it should be approved some time soon. I would then also need  to obtain an Australian passport for my son  from Australian Consulate in HCMC if the citizenship is approved... correct? And then an exit visa for him also I have heard recently.

Merry Christmas.

Share this post


Link to post
Share on other sites
On 12/23/2019 at 8:42 PM, MadHatta said:

Ok, thanks for that advice. It has not changed since the post?

Yes, our ultimate plan is to settle as a family in Australia.

We recently spoke to the Visa agent we used for her 3 month tourist visa in 2017 and they said we could apply for the 3 month tourist visa and do the onshore PV in Australia. This would be great if true, as I am now at the point where I want to return to Australia permanently with occasional visits to Vietnam. Our sons citizenship is still being processed (some delays this year, that's life) but I provided everthing they needed and expect/hope it should be approved some time soon. I would then also need  to obtain an Australian passport for my son  from Australian Consulate in HCMC if the citizenship is approved... correct? And then an exit visa for him also I have heard recently.

Merry Christmas.

As I said, you can only apply onshore for a PV if your Partners Tourist Visa does not have a Condition 8503 applied.  8503's are somewhat the luck of the draw.  You cant request to not have one, nor can you easily have one removed if applied.  If you are forced to make an offshore PV application, then your partner can travel and stay on a Tourist Visa during the long processing period.

Once you have your sons Certificate of Citizenship, you simply apply online through the IMMI passports website.  The photos and ID check interview would most likely be done at the an Australian Consular mission, or a local post office if he is onshore at the time.

I assume you are referring to a Vietnam Exit Visa for your son?  I can't advise on SRV policies in your son's case regarding his exit.  Does he have a SRV passport?


 

 

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.

 

Share this post


Link to post
Share on other sites
19 minutes ago, AussieDude said:

As I said, you can only apply onshore for a PV if your Partners Tourist Visa does not have a Condition 8503 applied.  8503's are somewhat the luck of the draw.  You cant request to not have one, nor can you easily have one removed if applied.  If you are forced to make an offshore PV application, then your partner can travel and stay on a Tourist Visa during the long processing period.

Once you have your sons Certificate of Citizenship, you simply apply online through the IMMI passports website.  The photos and ID check interview would most likely be done at the an Australian Consular mission, or a local post office if he is onshore at the time.

I assume you are referring to a Vietnam Exit Visa for your son?  I can't advise on SRV policies in your son's case regarding his exit.  Does he have a SRV passport?

Thanks again. Yes referring to my son. I've heard recently of two families who weren't allowed to exit due to not having the exit visa even with dual nationality. He has a VN passport. I am not sure what SRV means? Tried google. 

I also read Australian immigration may waive the long waiting period if the relationship is longer than 5 years or a child is involved (great if true). 

Share this post


Link to post
Share on other sites

And so if my partner gets the 8503 on the visa (no further stay), it's best to then apply offshore ASAP given the lengthy waiting periods? 

I'll be returning home within 3 months and aren't keen on having to double back and forth every 3 months but if that's what's required then... 😂😭😔

Share this post


Link to post
Share on other sites
Just now, MadHatta said:

And so if my partner gets the 8503 on the visa (no further stay), it's best to then apply offshore ASAP given the lengthy waiting periods? 

I'll be returning home within 3 months and aren't keen on having to double back and forth every 3 months but if that's what's required then... 😂😭😔

If they get an 8503 THEY CAN ONLY APPLY OFFSHORE. no choice.  The sooner you apply the quicker a result.


 

 

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.

 

Share this post


Link to post
Share on other sites
1 minute ago, AussieDude said:

If they get an 8503 THEY CAN ONLY APPLY OFFSHORE. no choice.  The sooner you apply the quicker a result.

All good, got it. Nevermind, it just clicked what SRV stands for 👍

Share this post


Link to post
Share on other sites
9 minutes ago, MadHatta said:

All good, got it. Nevermind, it just clicked what SRV stands for 👍

Sorry SRV: Socialist Republic of Vietnam.


 

 

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.

 

Share this post


Link to post
Share on other sites
19 minutes ago, MadHatta said:

Thanks again. Yes referring to my son. I've heard recently of two families who weren't allowed to exit due to not having the exit visa even with dual nationality. He has a VN passport. I am not sure what SRV means? Tried google. 

I also read Australian immigration may waive the long waiting period if the relationship is longer than 5 years or a child is involved (great if true). 

So you can only exit a country on the visa you entered.  In the case of your son who was Born in VN, he must exit on his VN passport.  He cant exit on his Aussie Passport.  Definitely check into the VN emigration rules for exit visa's.  I know some 'controlled' countries demand exit visa's.  More and more countries are demanding exit visa's for children, to curb the trafficking problem, or when there is not consent from both parents.

SRV = Vietnam.

Yes, long standing relationships, usually go straight to the PR Visa stage.


 

 

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.

 

Share this post


Link to post
Share on other sites
32 minutes ago, AussieDude said:

So you can only exit a country on the visa you entered.  In the case of your son who was Born in VN, he must exit on his VN passport.  He cant exit on his Aussie Passport.  Definitely check into the VN emigration rules for exit visa's.  I know some 'controlled' countries demand exit visa's.  More and more countries are demanding exit visa's for children, to curb the trafficking problem, or when there is not consent from both parents.

SRV = Vietnam.

Yes, long standing relationships, usually go straight to the PR Visa stage.

Appreciate your help dude

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...