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demibarlow

Can my partner get a working holiday visa if im a australian and we have children

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I was born in australia and would really love to move back!! me and my partner have two children who are now also citizens would my partner be eligible for the working holiday visa to move to australia or will the fact that we have dependants effect him when entering aus? we want our best options as we really dont want to have to wait up to 2 years for him to maybe not get accepted for the spouse visa reason to why im looking into the working holiday one! Please any advice would we would be very greatful for as we really want to move to aus ASAP before baby no.3 is due!! 

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3 hours ago, demibarlow said:

I was born in australia and would really love to move back!! me and my partner have two children who are now also citizens would my partner be eligible for the working holiday visa to move to australia or will the fact that we have dependants effect him when entering aus? we want our best options as we really dont want to have to wait up to 2 years for him to maybe not get accepted for the spouse visa reason to why im looking into the working holiday one! Please any advice would we would be very greatful for as we really want to move to aus ASAP before baby no.3 is due!! 

As long as he is under 30/35 and meets the other criteria he will in theory get a WHV. He cant include the kids, but as they are citizens that should not be an issue.

However, from what you describe as your circumstances, and plans, a WHV is not really appropriate, as I feel you are in fact trying to side step the correct process.  IMMI will probably think the same. You really need to apply for a Partner Visa, which you will get I am sure with your solid relationship. During the PV process, he can apply for VV's to allow you to be together.

If you are in a Long Term Relationship you may be able to skip the temporary visa stage and go straight to the permanent visa.

A long term relationship is;

You are in a long term relationship when you lodged your application, if you had been with your partner for either:

3 years or more
2 years or more, and there is a dependent child from this relationship

 


 

 

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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I haven’t been told of any other visa that he would be entitled to and really don’t want to wait nearly 3 years for him to get the visa and paying that much money for them to possibly reject it after waiting so long isn’t ideal as we want to get down there ASAP as I’m due another baby next year and I would rather get there before hand, do you have any links on permanent resident visas at all thankyou for your advice 😊

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On 11/23/2019 at 7:46 AM, demibarlow said:

I haven’t been told of any other visa that he would be entitled to and really don’t want to wait nearly 3 years for him to get the visa and paying that much money for them to possibly reject it after waiting so long isn’t ideal as we want to get down there ASAP as I’m due another baby next year and I would rather get there before hand, do you have any links on permanent resident visas at all thankyou for your advice 😊

The most suitable pathway is a partner visa. 

Based on what you have posted I am of the opinion that if your partner applied for a a working holiday visa it would be refused. A working holiday visa is for persons who "seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia" (clause 4.17.211 Migration Regulations). Furthermore clause 417.211(4)(d) provides that the applicant "not be accompanied by dependent children during his or her stay in Australia". My interpretation of this is that it is irrelevant whether your child is an Australian citizen or not.  


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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