Tourist visa, Australia

[fress313]

Hi all we are returning to Australia soon for three months from thailand

My wife will be on a holiday visa what are your thoughts she will be 5 months pregnant when we go to oz do you think immigration will turn her around for fear she will have the baby in Australia ?

Matt

[fress313]

Side note

Even if she did have it in Australia it is no burden on the australian government as she is not covered by Medicare

[krisb]

Side note

Even if she did have it in Australia it is no burden on the australian government as she is not covered by Medicare

The baby will be.

[krisb]

So she will be 5 months pregnant when she lands in Aus, planning on staying 3 further months making her 8 months pregnant when she flies out?

First she cant fly after 6 months pregnant, or the last trimester. Doctors say this, airlines say this, not me.

If my first sentance is right, think either your planning to make her have the baby here, or just being irresponsible.

Techincally she could/would be deported by boat. Don't test Diac.

Your wife should be resting in Thailand, not holidaying around the world

Postpone till after babies born mate. You could be opening a pandoras box of issues possibly.

Edited September 24, 2014 by krisb

[fress313]

What if the 8503 is waivered have had people have this done before as a direct order from the doctor ,

Also cannot fly after 32 weeks

Just a question

Thank you for your quick reply

[krisb]

What if the 8503 is waivered have had people have this done before as a direct order from the doctor ,

Also cannot fly after 32 weeks

Just a question

Thank you for your quick reply

I can't see how a doctor in Aus can have a visa changed. I've never heard of it. In effect you would be asking the doc to play along with your plan. Perhaps if there was a sudden medical emergency, but not knowing full well she couldn't fly.

I just don't see why you would gamble with so much on the line. Is it worth it? No way if it was my unborn child.

Up to you.

[Surin13]

Its not a smart move coming at that stage in the pregnancy for 3 months, DIAC will not look favorably on it.

As to what DIAC does, depends on a number of things, namely How did you answer question 35 in the application?

Depending on what you told DIAC, the likely scenarios are if they detect it at arrival = refused entry and a 3 year ban. (depending on what was written in the application and how she answers the questions at the airport)

If she gets in and has the baby in Australia or can't return due to medical reasons and over stays the visa = 3 year ban and very hard to get another visa

If she gets though and has the baby and returns before her visa expires = large medical bill (approx $15,000 AUD depending on the hospital) and a not very happy DIAC which will make further visas hard.

You wont be able to get the 8503 waived unless the baby came very premature.

"The circumstances in which the minister may waive [condition 8503] are:

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 that resulted in a major change to the person's circumstances, if the minister has previously refused to waive the condition, the minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously if the person asks the minister to waive the condition, the request is in writing'.

Because this is law, it is not possible for the department to consider waiving the condition for any other reasons.

Therefore, if you do request a waiver of condition 8503, the departmental officer who considers your request must be satisfied that all the above requirements apply in your case, namely that: the circumstances that have developed since you were granted the visa are both compassionate and compelling you had no control over these circumstances these circumstances have resulted in a major change to your personal circumstances."

Edited September 24, 2014 by Surin13

[fress313]

I understand where you are both coming from thank you

Just hard for me at 24 to think I can't be there for the birth of my first child have the money for the medical bills and the rest but don't have the time to be away from work

[fress313]

I fully understand that being pregnant is not compelling or compassionate circumstances just trying to figure out what to do

[fress313]

[Surin13]

Medical Treatment Visa (subclass 602) may be an option worth researching.

The circumstances in the above picture/post meets the requirements for the 8503 to be waived, as the lady became pregnant after the visa was granted, and then there were issues outside her control to have it waived (wrong due dates etc)

"since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:"

Edited September 24, 2014 by Surin13

[David48]

I understand where you are both coming from thank you

Just hard for me at 24 to think I can't be there for the birth of my first child have the money for the medical bills and the rest but don't have the time to be away from work

You will be angry at me for writing this but ... obviously, your job means more to you then your Family.

My Partner and I had Twins earlier this year ... she could have got a Tourist Visa and tried to manipulate the system ... we didn't.

So, have a good, hard , long think and decide if your Family or your Job is more important.

Also, you are being very selfish. Thinking of yourself first to the expense of all others.

What about your ladies relatives and friends ... do you think that they want to be part of the celebration of the Birth.

You might have the money to pay for the Birth ... I did ... but chose the correct route ... not the convenient route.

I've written a few things that may help.

Links below.

[David48]

australian-citizenship-for-your-baby-how-to-guide

australia-baby-in-thailand-vaccines

private-hospital-childbirth

[Ausresident]

Matt,

You might want to seek some advice from a registered migration agent.

[fress313]

Thank you all for your input

And thanks for the links provided

Matt

[krisb]

Yep it's never easy having a partner living in another country mate, especially once kids are involved.

I'd be finding a way to take time off work. Any boss with half a heart should allow this. I'd find another job if the boss said no.

[rct99q]

Off topic but your new life of being responsible adult is about to begin! I have a Thai family and some of the sacrifices you will be faced with in the coming months and years are going to much greater than not being there for their birth. You have begun a process that will require you to put anothers needs before your own. However you do need to be responsible for the financial, emotional, and parental support of a family unit. Firstly, keep the money rolling in, you will need it. Look at ways after the child is born to be together safely. At 24 and not knowing your back ground I have to guess that making a decent living in Thailand will be difficult. Discuss with your wife and start making plans now. We made some huge sacrifices for 3 years but established a plan (which included time apart from my wife and children which was very difficult for me) but we have now started a new life overseas, have visas for her, replenishing the bank accounts, and preparing for a return in 3 years.

Good luck, it is a great new adventure you are now on that involves a precious little gift.

[fress313]

Thank you for your response

No we are not planning a life in thailand I have a good business I own halves in with my father in Australia and don't plan on leaving that my wife is very realistic in the fat she understands you don't make money in thailand ,

That we would rather put our child through school in Australia and then retire back here at a later stage .

Thanks again for sharing your advice

[paz]

I rarely post opinions but will do here.

How a nation of immigrants can question the right to entry and live in country to the spouse of one their citizens is beyond my understanding.

Before you say it, yes I know the UK does the same, but that actually means nothing to me except that they're very wrong too.

And yes I known that many Australian believe that they have "an huge immigration problem". Still we're talking about a spouse.

My country, that is not one of immigrants doesn't deny the right, and the spouse can apply for citizenship two years after being married, or three if living in a foreign country.

Edited October 5, 2014 by paz

[fress313]

I with you on this

It's unbeleavable the hoops you jump through for what I can see is a straight forward case

[krisb]

I rarely post opinions but will do here.

How a nation of immigrants can question the right to entry and live in country to the spouse of one their citizens is beyond my understanding.

Before you say it, yes I know the UK does the same, but that actually means nothing to me except that they're very wrong too.

And yes I known that many Australian believe that they have "an huge immigration problem". Still we're talking about a spouse.

My country, that is not one of immigrants doesn't deny the right, and the spouse can apply for citizenship two years after being married, or three if living in a foreign country.

Huh?

No one's being denied, you just have to fill out the forms and join the queue.

Spouse or no spouse, there's a certain way these things need to be done.

Do you think you should be able to turn up at the front door of Australia and say this is my wife, let her in?

As a citizen of Australia, and no I'm not an immigrant, I like the law and how it all works.

It certainly should not be a fast tracked process immigration and citizenship that's for sure.

Btw in Australia it's 48 months of standing on Aussie soil she/he can apply for citizenship.

That's a fair deal imo.

[krisb]

I with you on this

It's unbeleavable the hoops you jump through for what I can see is a straight forward case

Your case is far from being straight forward mate.

Your's would fall into a category of deceit.

You want to sneak her in to give birth here is what you have said.

You should have thought about all this and other possible scenarios before you stuck your p in her v.

[David48]

While, I might have expressed it differently (a little more diplomatically) ... I am with the general thrust of what Kris writes above.

There are rules, there is a process ... abide by the rules, follow the process ... then it's a fair system.

My Partner, is jumping though those hoops now as I write.

[David48]

I rarely post opinions but will do here.

How a nation of immigrants can question the right to entry and live in country to the spouse of one their citizens is beyond my understanding.

Before you say it, yes I know the UK does the same, but that actually means nothing to me except that they're very wrong too.

And yes I known that many Australian believe that they have "an huge immigration problem". Still we're talking about a spouse.

My country, that is not one of immigrants doesn't deny the right, and the spouse can apply for citizenship two years after being married, or three if living in a foreign country.

paz, like any nation ... we have a right to choose the rules for our Sovereign Nation.

Why do the rules exist?

A Man, born in Kenya, becomes an Australian Citizen. He finds an Indian Woman on the internet, they legally marry but they don't have a relationship. She is rich and wants to 'acquire' Australian Citizenship so she pays him for the right to come here. He gets maybe $20,000 ... easy money.

Is that right? Morally? for your country of birth? for an Australian?

So, the Australian Government makes a Law that the Spousal relationship has be be proved ... I support that 100% ... but I'm not saying that's fine for others and not for me. Plus you can only 'Sponsor' two Partner Relationships.

MissFarmGirl, my partner, is going though that phase now of having our relationship being proven and while it's a Pain in the A** ... it's what we Australians want.

I think we have the Balance just right.

[fress313]

Not 48 months of standing on Aussie soil just 48 from application which at the moment means about 12 months on Aussie soil ,

There is a que and a process and everyone goes through it

Doesn't make it right just because that's what your told to do ..

[krisb]

Not 48 months of standing on Aussie soil just 48 from application which at the moment means about 12 months on Aussie soil ,

There is a que and a process and everyone goes through it

Doesn't make it right just because that's what your told to do ..

Quite sure to get Aussie citizenship she needs to be in Australia for a total of 48 months.

The visa types (tourist, partner etc), are irrelevant, and they all count towards this total.

Where you get 12 months in Australia to obtain Aussie citizenship from? Can you show us a link?...and where did the other 36 months disappear to in your example??

I also don't think it's from the time of submitting a visa application. It could possibly be from visa approval date, but I thought it was from time on Aussie soil.

Unless I misunderstood.

Edited October 6, 2014 by krisb

[fress313]

No from what my migration lawyer has told me it's 24 months from application as to not be biased on processing times and the difference in waiting time so it will be 24 months from the date they receive your application . Tourist visas etch have nothing to do with the amount of time for partner visa

[David48]

No from what my migration lawyer has told me it's 24 months from application as to not be biased on processing times and the difference in waiting time so it will be 24 months from the date they receive your application . Tourist visas etch have nothing to do with the amount of time for partner visa

We are staying a little off topic here but ...

Are you saying that a non-permanent Australian Resident, a person born overseas and has not even obtained a Temporary Partner Visa (or equivalent) can apply for Australian citizenship?

On what basis?

Interesting ...

[fress313]

No not saying that

Someone who has a tempory visa can apply for P R after 24 months from date of application

[Ausresident]

Section 22 of the citizenship act 2007 might be relevant to this discussion.