Visas for Australia, advice needed

[hobocop]

Hi folks,

I am in need of some advice to get the best visas for my family to come back to aus with me, hopefully around the middle of March.

 

Both my 3yo daughter and I have aussie passports but my wife and step son (14yo and in the final stages of adoption) have Thai passports. We've been together 8 years and married 6 with loads of proof already from the daughters citizenship application.

 

What visa do you think is the best for them?

 

I was thinking carer as she is the carer of my daughter, and step son. Or partner and dependent? Oh, went to VFS and they didn't have any clue except for partner immigrate form which could be correct, but they just didn't know about anything else at the time.

 

Any good advice will be greatly appreciated

 

 

 

Edited January 19, 2017 by hobocop

[teatree]

Are you going back to Aus to live?

[hobocop]

1 hour ago, teatree said:

Are you going back to Aus to live?

 

Yes, I forgot to mention that.

[snooze]

Hi Hobocop

Based on what you have said your wife and step son would be eligible for a partner visa with your step son to be included with that partner visa.

Your wife would not be eligible as a carer as a carer visa requires sponsorship by the Australian citizen whom you are caring for. In this case the sponsor must be over 18 or the spouse or defacto of the Australian citizen requiring care. Your daughter does not fall into either if these two categories so therefore a carer visa is out.

Your best and safest option would be the partner visa but this is not perfect

1 the cost $6865 for your wife $1720 for your step son
2 processing time - currently sitting at around 12 months but could be shorter or longer (this is the departments average)

Get all your documents together put together a strong decision ready case and submit asap to vfs. You may get lucky but I don't really see that you will get a decision by March. There is still medicals etc that need to be completed

good luck




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[hobocop]

2 hours ago, snooze said:

Hi Hobocop

Based on what you have said your wife and step son would be eligible for a partner visa with your step son to be included with that partner visa.

Your wife would not be eligible as a carer as a carer visa requires sponsorship by the Australian citizen whom you are caring for. In this case the sponsor must be over 18 or the spouse or defacto of the Australian citizen requiring care. Your daughter does not fall into either if these two categories so therefore a carer visa is out.

Your best and safest option would be the partner visa but this is not perfect

1 the cost $6865 for your wife $1720 for your step son
2 processing time - currently sitting at around 12 months but could be shorter or longer (this is the departments average)

Get all your documents together put together a strong decision ready case and submit asap to vfs. You may get lucky but I don't really see that you will get a decision by March. There is still medicals etc that need to be completed

good luck




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Thanks very much for the detailed answer, it pretty much sums up what we were thinking was the right way to go but was hoping for a quicker way.

March depends on a couple of things that aren't definite anyway. Do you know if the step son was enrolled in a school there (study visa?) can his mother stay and we do the partner visa there?

 

We may just book a holiday for them as well, probably 3 months while we see if other things pan out there.

 

Thanks again for the advice.

[simple1]

On 20/01/2017 at 5:52 PM, hobocop said:

 

Thanks very much for the detailed answer, it pretty much sums up what we were thinking was the right way to go but was hoping for a quicker way.

March depends on a couple of things that aren't definite anyway. Do you know if the step son was enrolled in a school there (study visa?) can his mother stay and we do the partner visa there?

 

We may just book a holiday for them as well, probably 3 months while we see if other things pan out there.

 

Thanks again for the advice.

 

Link is provided below for obtaining a visa for a foreign family member to join the student, at a minimum they would need to have access to an income of AUD70k p.a.

 

http://www.border.gov.au/Trav/Stud/Brin

 

If it is imperative for your wife to join you in Oz by March, unless someone has a better recommendation, based upon experience, I would apply for long term tourist visa - say three months - gambling on not having a 'no further stay' condition and then apply in country for your partner. 

 

It sounds as though your stepson could access an adoption visa, but no idea how long the processing time takes. Before you go down this path I assume you are already in contact with the relevant government agency in your home State to comprehend specific State level legislation.

 

https://www.border.gov.au/Trav/Visa-1/102-

[upside]

Carer visa sub class 116 probably won't apply in your case 

 

Here are the conditions 

 

care for a relative in Australia with a long-term or permanent medical condition, or
assist a relative providing care to a member of their family unit with a long-term or permanent medical conditions

 

 

[hobocop]

Thanks for the links and advice all, I've since received an email advising I'm shortlisted for a job in Aus and will base my family movements around if I get this job or not. So March isnt really a bother now. In the meantime I nut out the details and be ready for whatever paperwork is needed when the time comes.

 

Thanks again, much appreciated.

 

 

 

[grassman]

Hi does anyone think the whole processing times for partner visa's is crap ! Together 8 yrs married 6 and has citizenship for daughter gees 12months !!! The Australian government have this process so wrong I'm also been married 2yrs together 5 & have a child who is Aussie by descent with duel passports.
Both of us here and anyone else should be processed in a week not year ,bugger me how easy is it to short out different categories when they are lodged ? A quick look by someone put people like us in one pile and the rest in another then simply short out all us genuine couples and let us bring our families home straight away .
It's wrong unfair & something should be done.


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[snooze]

I agree I hated the whole process - I hated that we had to justify our relationship to paper pushers in the office. They had the power relating to our future it was a very uncomfortable feeling. On the plus side though 12 months is their target for straightforward cases they often decide sooner - our prospective marriage visa came through in 5 months.


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