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spouse application

spouse application

Old Mar 2nd 2002, 9:56 am
  #1  
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Default spouse application

We are applying for pr visas for my wife and our 5yr old son.
Due to my wife’s epilepsy we are concerned that she may not be granted.although her condition is controlled well with medication.
my father is now 65 and we want to spend time with him and the rest of my family.
So
If my wife’s application is refused can she?
Visit me on a long term visitor’s visa (what would be the longest time)
Would she have to return to uk to renew a visitor’s visa,
And how long would she have to leave Australia before being given another
Also if my wife’s pr visa is refused and our child is applying on her application
Would his pr visa automatically be refused or should we apply for his separately
We would not want to disrupt his schooling once he starts in aus
cheers shaun and lorraine

Last edited by shaunlor; Mar 3rd 2002 at 12:00 pm.
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Old Mar 2nd 2002, 2:31 pm
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Default Re: spouse application

Hi there, I'm not sure about the situation regarding your wife's health etc, but for your son I think I might be able to help.

If you are an Australian Citizen then your son should be entitled to citizenship by descent. I found this out when in Australia last year, and when we came back to the uk I applied to AHC for his certificate of evidence of citizenship. He is now a dual national and has both UK and Australian citizenship.

With regards to your wife, try speaking directly to the citizenship section of Australia House, they are very helpful and will be able to at least give you an idea of what could happen in any of the scenarios you mention.

Good luck!!
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Old Mar 3rd 2002, 12:05 pm
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Default Re: spouse application

thanks for your reply
unfortunatly because i was not an australian citizen at the time of my sons birth he is not automatically entitled to citizenship.
so i still really need to know weather i should apply for him in his own right.
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Old Mar 3rd 2002, 1:47 pm
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Default Re: spouse application

hmmm tough one! To be honest I think you should ring the citizenship section at Australia House and see what they think.

Good luck, sorry I couldn't be of more use!
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Old Mar 3rd 2002, 6:35 pm
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Default Re: spouse application

If you read factsheet 22 you'll see that for spouse visas there is the possibility of
applying for a waiver of the health requirement, even if the application does not
mett the health criteria. Although if the epiliepsy is controlled and not severe this
might not be required. http://www.immi.gov.au/facts/22health.htm
http://www.immi.gov.au/allforms/pdf/1071i.pdf

If you feel you need a migration agent to help you, you could always try some of the
regular agents on this NG.

As for your son, the cheapest way would be to include him on your wofe's PR
application. If you spaid a separate fee, you could apply for a Dependent Child PR
visa for him in his own right.

You said you can't register your son as an Australian citizen by descent as you
weren't an Australian citizen when he was born. How did you get Australian
citizenship in the first place, or did you lose and re-acquire it?

Jeremy

    >On 2 Mar 2002 10:32:59 -0600, shaunlor <[email protected]> wrote:

    >We are applying for pr visas for my wife and our 5yr old son. Due to my wife’s
    >epilepsy we are concerned that she may not be granted. my father is now 65 and we
    >want to spend time with him and the rest of my family. So If my wife’s application
    >is refused can she? Visit me on a long term visitor’s visa (what would be the
    >longest time) Would she have to return to uk to renew a visitor’s visa, And how long
    >would she have to leave Australia before being given another Also if my wife’s pr
    >visa is refused and our child is applying on her application Would his pr visa
    >automatically be refused or should we apply for his separately We would not want to
    >disrupt his schooling once he starts in aus cheers shaun and lorraine
    >
    >
    >
    >--
    >Posted via http://britishexpats.com
 
Old Mar 3rd 2002, 7:03 pm
  #6  
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Default Re: spouse application

my dad came to england in 1961 met my mum, married and had me.
then due to circumstances he returned to aus in 1964
my mum and me stayed in england. i had always assumed that due to my father being born in australia i was automaticaly entitled to aus citizenship and did not realise that i should have been registerd before my 18th birthday
i didnt go to aus to visit my family until i was 14 and at that stage ther was no question of me moving out permanently.
i was made redundant 6 mths ago and we decided to move the family out to be closer to my dad and thought it would be a better lifstyle for our little boy.
only then did i realise all was not as straight forward as i had thought and i was not yet a citizen, so that is why my child does not have his own citizenship.
luckily being born before 1974 i can still apply for my citizenship.
and head back to my roots.

oh and thanks for the interest. we are coming out for a 6week holiday march 17th is thre anything you can think of that may be better approached from within aus.
i.e will it be quicker to get my citizenship from there or from england, i have all the neccesery documents ( birth certs police check etc )
any ideas would be appriciated shaun and lorraine
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Old Mar 4th 2002, 8:05 am
  #7  
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Default Re: spouse application

You are indeed lucky you were born before early 1974, otherwise there would be
virtually nothing you could do to recover your citizenship. The new Australian
citizenship legislation will increase the age limit to register from 18 to 25, but
that won't help those born in the mid
1970s.

As I understand it, you should probably apply to the Australian High Commission in
London, but applications of this type (ie from those born pre 1974) need to be
forwarded to Canberra for approval, unlike applications for those currently under 18.

Last time I looked (which was a little while ago) processing time for this sort of
citizenship application was about 6 months. Only after you get your Aus citizenship
can your wife/son apply for visas, which may take another 6 months. The consolation
is that your wife should qualify for spouse PR straight away, without needing to go
through the temporary visa process.

Remember that for your wife and son to get Australian citizenship, they need to live
in Australia for 2 years as permanent residents and then apply for it.

Jeremy

    >On 3 Mar 2002 14:32:50 -0600, shaunlor <[email protected]> wrote:

    >my dad came to england in 1961 met my mum, married and had me. then due to
    >circumstances he returned to aus in 1964 my mum and me stayed in england. i had
    >always assumed that due to my father being born in australia i was automaticaly
    >entitled to aus citizenship and did not realise that i should have been registerd
    >before my 18th birthday i didnt go to aus to visit my family until i was 14 and at
    >that stage ther was no question of me moving out permanently. i was made redundant 6
    >mths ago and we decided to move the family out to be closer to my dad and thought it
    >would be a better lifstyle for our little boy. only then did i realise all was not
    >as straight forward as i had thought and i was not yet a citizen, so that is why my
    >child does not have his own citizenship. luckily being born before 1974 i can still
    >apply for my citizenship. and head back to my roots.
    >
    >oh and thanks for the interest. we are coming out for a 6week holiday march 17th is
    >thre anything you can think of that may be better approached from within aus.
    >i.e will it be quicker to get my citizenship from there or from england, i have all
    > the neccesery documents ( birth certs police check etc ) any ideas would be
    > appriciated shaun and lorraine
    >
    >
    >
    >--
    >Posted via http://britishexpats.com
 
Old Mar 4th 2002, 11:33 am
  #8  
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Default Re: spouse application

thanks for your help with my question.
we really dont want to wait a year to go is there any way you can think of that we may be able to go as soon as my citizenship arrives.
we have even considerd my wife keep leaving and returning on a visitors visa.
any ideas on that one
i know some people are having to wait up to 20 months and i dont want to appear selfish, but things are ideal for us at the moment with me having bin made redundent and our son being 5yrs old.
thanks again shaun and lorraine
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Old Mar 4th 2002, 1:01 pm
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Default Re: spouse application

Hi Shaun, if you wait until you get your citizenship then all go out to Australia on holiday, I'm sure you can go to DIMA and get the spouse PR turned around in a day (providing you have everything they need with you). Then you would be able to stay there (I think).

Don't quote me on it for definite, but I'm sure somewhere on this ng they were talking about the 1 day turnaround at DIMA's within Australia.

Sophia
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Old Mar 6th 2002, 6:00 am
  #10  
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Default Re: spouse application

thanks sophia
yes i do remember somthing about a 1 day turnaround but for the life of me cant find anything about it in the newsgroup,
does anyone know anything about it.
and even more inportant whats the chances of my wife being able to do this cheers shaun and lor
p.s see you all at emigrate 2002 were going on the friday anyone else, ?
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Old Mar 6th 2002, 11:35 pm
  #11  
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Default Re: spouse application

Hi Shaun,

Do a search 'DIMA The Rocks" and will give you info you are after re the visa for
your wife. The Rocks, BTW, is the name of an area in the city, close to the
harbour.....DIMA office is located there. Good luck, Kal

shaun/lor <[email protected]> wrote in message
news:<[email protected]>...
    > thanks sophia yes i do remember somthing about a 1 day turnaround but for the life
    > of me cant find anything about it in the newsgroup, does anyone know anything about
    > it. and even more inportant whats the chances of my wife being able to do this
    > cheers shaun and lor
    > p.s see you all at emigrate 2002 were going on the friday anyone else, ?
 
Old Mar 7th 2002, 11:50 am
  #12  
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Default Re: spouse application

thanks kal
very helpfull
keeping our fingers crossed.
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