Australian Dependent Child Visa (sub class 445)

[PINKERPINKER]

I have found some great advice on this forum over the years, especially organising my wife’s visa a couple of years back.

I am wondering now whether forum members can assist in the following matter. I married a Thai national in mid 2012 and on 6^th August 2012 she was granted a Provisional Resident visa, sub class 820. My understanding is that it takes around two years to be granted the Permanent Resident visa, which is some three months away.

We would like now to apply for 2 Dependent Child visas, sub class 445, for her two children aged 10 and 17 (they are living with their grandparents near Chiang Mai). My plan was to go to Thailand with my wife some time in July of this year to lodge their applications, with me being their sponsor (I am an Australian citizen). My dilemma is this. My wife may possibly be granted Permanent residency any time over the next through months and I have just come across the following information on the http://www.immi.gov.au website.

“After a child is granted a Dependent Child (subclass 445) visa, the child should then apply for the same permanent partner visa as their parent. The child must be granted the Dependent Child (subclass 445) visa, and subsequently apply to be added to their parent's visa application before the permanent Partner (subclass 801 or 100) visa application is finalised. If this is not done, the child's Dependent Child (subclass 445) visa will cease when their parent's permanent visa application is finalised and the child may not have any other visa options open to them.”

What happens if my wife’s visa is granted before the children’s application is granted? Will their application be invalid, limit other visa options and also will we loose our application fee (circa AUD$6000)? That is the way I am interpreting this paragraph.

Any advice on this matter from forum members would be greatly appreciated.

[krisb]

Yeah that's a bit odd indeed. Not sure what the logic of that is, I'm sure they have their reasons.

Your wifes permanent visa application will be finalised 2 years after her temporary visa began. The actual permanent visa will be finalised 2 years after it was issued. Application being the key word.

Possibly you have enough time to get the kids on her visa if you were quick enough...maybe.

I would ring DIAC asap and ask them to put, if they can, a temporary hold on issuing your wifes permanent partner visa while you get the kids visa going. Seems like the only logical solution.

You need to ask DIAC either way, there must be a solution, and by the sounds you need the solution before she gets her permanent visa.

My 2 cents.

[PINKERPINKER]

Thanks Kris, does seem a bit odd. I may do as you suggest and call them tomorrow, cheers.

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[krisb]

By the way, since your wifes about to get her permanent visa issued, did you have to do any further paperwork, applications or pay any extra money for this part of the partner visa?

My wifes also only a few months off from getting this part of the same visa, so I'm wondering what to expect.

[PINKERPINKER]

Kris, since getting the temporary visa back in August 2012 we have not heard a thing and not had to pay any more money. I did pop in to the immi office in Melbourne last week and they told me her permanent via application was still in the queue.

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[krisb]

So it's given automatically, without further paperwork or application forms and it's cost free.

Is that what your saying mate?

[PINKERPINKER]

From what I understand Kris it is only a matter of waiting out the two years, or thereabouts for the PR visa to be granted. We have not been asked for any further paperwork nor money. Just hoping we don't get any unexpected or unwanted surprises!

[krisb]

Ok maybe better I call them if you aren't 100% sure either. You can never ever assume when it comes to these guys.

I will drop back here to let you know what they say regarding that mate in a day or so.

Back to your op, I spoke to a mate of mine who went through similar to your story. He get her son over here but lodged his application same time as the mothers, so not really any help for you.

I know you will need a current national Police clearance, not a state or territory clearance for yourself because children are involved.

Possibly even your wife will also need the same?

Edited April 27, 2014 by krisb

[PINKERPINKER]

No worries Kris. Yes I have the paperwork for the AFP clearance which I will send off this week.

[PINKERPINKER]

Just had this emailed to me from immigration in perth:

Thanks for your enquiry.

You will need to lodge the 445 applications before the permanent partner visa is granted (by completing form 918 and attaching relevant evidence).

Once you have lodged the 445 applications, a decision bar will be placed on the permanent partner visa application until a decision is made on the children’s visas. This decision bar will prevent the permanent partner visa being finalised until the children’s visas are decided, regardless of whether the two year time period has elapsed. If the 445 visas are granted, you will then need to add them to the permanent partner application by completing form 1002.

If the children are currently offshore, they will need to apply at the embassy in Bangkok (you as the sponsor do not need to be physically present in Thailand). If you do not intend to apply until shortly before the two years is up, you may wish to contact the embassy to inform them that you do wish to apply for the 445’s, and they can record this as a note on your partner visa application so that the case officer knows you wish to lodge the applications.

Please contact the embassy if you have further queries.

Yours Sincerely

Admin

Child and Other Family Migration

Department of Immigration and Border Protection

Telephone: 131 881 (Mon-Fri 0900 – 1600 AEST)

Email: [email protected]

Looks like my best bet is to call them tomorrow to put a hold on things until the kids visas are sorted. Hope this is of use to others in similar boat.

[krisb]

Mate re above...makes sense, seems the only obvious path really.

I just spoke to Imm here in Aus about the permanent partner visa for the wife. The 820 and 801.

Firstly it's free, by that I mean it costs no more, you already paid it when you lodged the first application for a partner visa.

Second, the department will contact you about a month before the 2 year temporary visa is up to send you a checklist to complete and send back to them.

Thirdly, now I could be wrong here, they bombarded me with info, but for her to get citizenship takes a total of 5 years. This is calculated on every visa she has used to enter Australia. So a 2 year temporary partner visa, plus a 2 year permanent visa, plus a couple of say 6 month holiday visas(which you were the sponsor) means she is eligible to become an Australian citizen.

The bit I am not certain about is does she need to complete the full 2 years of the permanent partner visa to qualify for citizenship?..Possibly I suspect.

[PINKERPINKER]

Thanks for the feedback Kris. I haven't looked so far ahead re citizenship but what you are saying seems to make sense.

[nightwatch]

As long as u lodge the 445 visa before your partners permanent resident visa is granted u will not have a problem they will make a decision on the 445 visa before issuing the PR visa to your partner.

I have just been through the exact same process and DIBP granted us the 445 visa the same day that they sent an email for my wife to apply for her PR.

We lodged the 445 visa application in SEP 13 and they granted it in APRIL 2014 2 months before my wifes PR is due.

When the 445 has been granted;

You will also have to lodge another application for the children form 1002...( application by a subclass 445 dependent child for permanent partner visa )

this has to be lodged with your partners PR application.

Best of luck

nightwatch

[nightwatch]

From what I understand Kris it is only a matter of waiting out the two years, or thereabouts for the PR visa to be granted. We have not been asked for any further paperwork nor money. Just hoping we don't get any unexpected or unwanted surprises!

They will send you an email requesting more information for her permanent partner application.

www.immi.gov.au/contacts/forms/partner/

There is no further fee for this application.

Just be aware that they will probably send this to your partner and not you even though you were the sponsor.

So make sure she checks her e-mails.

Edited May 2, 2014 by nightwatch

[PINKERPINKER]

Cheers Nightwatch, that is handy to know.

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[nightwatch]

Cheers Nightwatch, that is handy to know.

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Your welcome.

If you copy and paste this link in your search window www.immi.gov.au/contacts/forms/partner/

it will take you to the partner (permanent) calculator page all the info you need will be here,just click yes at the lodgement date to continue to the info.

[Johntsou]

Hi all,

My wife is here now on a 309 Visa and we would now like to bring her son over on a 445 Visa.

Is there anyone that can guide me as to what to do?

What paperwork is required and what info should be on the letter?

Thanks