Detail Question Of The Week



I have a sc 186 permanent residency and need advice for my son's visa.

Category:Partner visa

Question asked

I was after some advice regarding my son, I have a 186 permanent residency visa and he is coming to visit on holiday In early May, he was included on my original application as a dependent but not listed to get residency at that time. He has a eVisitor 651 that has been granted with multiple entries allowed until 2019. He’s currently living in UK and 17.

We’ve been having discussions and he’s now decided he does want to have residency here so he can stay to work/study and so I have been looking at lodging either a child 101 (offshore) or child 802 (onshore).

What is the process with quickest times?

1) Is it best to lodge the 802 whilst he is here, I understand once I lodge the 802, he would then switch onto a BVA bridging visa from the 651 whilst the 802 is processed but it would include same restrictions as 651 (No work, max 3 month study). I was looking to get his medicals done in the UK using the online system to expedite the process and the PCC are in process. I can support him whilst we wait for the approval with him having some holiday, up to 3 months of study and doing some volunteering.

2) Or best to lodge a 101 in London, if this is done, in early April, would he still be able to travel in May here on the eVisitor visa? I understand processing times through London have been quick if you have all the right documents, medicals and PCC. Some saying these have been going through in 5 weeks if you have everything submitted.

3) Lodge a different visa or any other recommendations?

I am not sure of processing times of 802 through the Perth center, and is this going to take longer than a 101 through London? So if it was taking 12 months+ this would limit what he can do etc.

Appreciate your advice,

Thanks so much,
JA

Answer provided by our agents

Hi J.,

Thanks for your questions, hope you’re having a good Easter.

Currently the Department of Home Affairs website provides the following processing times for child visas:

Subclass 802
75% of applications processed within 12 months
90% of applications processed within 13 months

Subclass 101
75% of applications processed within 10 months
90% of applications processed within 17 months

In reality it may be processed quicker than the time suggested on the Department of Home Affairs website. I am finding that a lot of my applications are being processed much earlier than the suggested processing times, especially when the applicant is from the UK. I generally find that offshore applications are quicker, but this isn’t always the case. My advice is submit a complete application with police and health checks included, this will minimize the likelihood of receiving an information request, which could slow the process down.

If you were to apply onshore, the only restriction that would apply to the Bridging Visa A is the ‘no work restriction’ (Condition 8115), none of the other Visitor Visa restrictions would carry over. Also keep in mind that he couldn’t travel internationally on a Bridging Visa A, he would need to pay extra for a Bridging Visa B.

If you were to apply offshore, there’s nothing to stop your son traveling to Australia on a Visitor Visa while the subclass 101 child visa is processing, however just keep in mind that he must be offshore at the time grant. The Department of Home Affairs would provide him with a notice advising him to leave Australia for at least 5 business days so the visa can be granted. He wouldn’t necessarily have to return to the UK, he could travel to New Zealand or other neighboring countries.

I realize that your son is currently 17, but just keep in mind that if your son turns 18 before you submit the application he must be fully dependent on you. He cannot have spouse or de facto partner visa, and he cannot be engaged to be married. He also cannot have a full time job.

At this stage without knowing your son’s education and employment history I can’t make suggestions on other visa options. He may be eligible for a Student Visa, but this would be a much longer path to permanent residency, so a Child Visa is probably a better option.


-------------- Clarification Request -----------------

Thanks so much, that is helpful. Yes, he is not 17 until December 2018 and not in a relationship or working full time.

Just a couple of other clarifications please:

So with an onshore 802 application, he could then start studying full time on the bridging visa but just not able to work? He is thinking about going to school or TAFE to study. Would he have the same rights to study as the residency visa terms, so not classed as an international student. I.E In NSW could go into school at no cost, TAFE would be chargeable.

Understand with the 651 Oz Immigration may ask if he has a flight out of Oz booked to allow him entry into Australia in May, I was originally going to book one back to UK if this was needed, but as you say this could be NZ and be much cheaper and wasn’t sure if this was a requirement. A friend of mine just came in on a 651 on a one way ticket and was not asked . So is it fine for him to just have a one way ticket in May and then arrange flight out of Oz once the 801 visa has been approved?

Plus with the medicals. It’s no problem having these done in the UK, using My Health declarations, using the HAP ID and then these will be uploaded electronically into eMedical. Then submitting application onshore when he is here in May?

-------------- Clarification provided by Migration Agent ----------------

Hi J.,

With regard to your first question, he can study on a Bridging Visa but would be classed as an International Student, meaning he would pay International student fees. Once his Child Visa is granted he would be classed as a local student and pay the local fees. Either way he wouldn’t be eligible for Fee Help as this is only available to Australian citizens.

With regard to your second question, I recommend having an onward ticket that shows your son is planning to leave Australia within 3 months of arrival. They might not always ask, but if they do ask and he only has a one way ticket, he may not be permitted to enter Australia. It’s better to be safe than sorry.

With regard to your third question, I don’t see any advantage in doing this in the UK prior to arriving in Australia. Bupa Visa Medical Centre generally take less than a week to process a medical assessment, assuming you apply in Australia. So you do this any time. He will need to have his own HAP ID, I don’t believe that he’ll be able to use yours.

Thank you for using Ask an Agent. If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au - and don’t forget to mention your Question ID so that I can keep providing immigration services to you.

Migration Agent