campervanfan

in your circumstances the answer to this question would appear to be no- yes? so it doesn't apply......

moneypenny20

You don't have sole legal guardianship. You share it with your wife therefore the answer is 'no'. Anyone, regardless of age, who is not a resident or citizen of Australia has to have a visa. Therefore unless you are planning to leave your child behind, you cannot move over during the processing of the Child Visa.

kashif73

Thank you campervanfan and moneypenny20 for the replies. This is not encouraging. We were planing to take our daughter on a tourist visa to Oz with us next month, while her Child visa 101 application will be processed, but it doesn't seem a reality now

Bermudashorts

Why are you planning to do that? Why don't people plan properly anymore.

Pollyana

You could VISIT Australia with your child on a tourist visa, but you can't move there - a tourist visa is only for a holiday

kashif73

Dear Pollyana, thank you for the clarification.

zzidane

I have recently applied for a childs 101 visa for our 18 month old son. In effect I am acting as a sponsor for him as we are already have PR, although we have have applied outside Australia.
Yes the answer to the question is no as long as you are not seperated or in the process. My wife did how ever have to get a stat dec and her passport copied and signed in front of a solicitor saying that she was happy for me to take him and that she was coming too again as only I was applying and acting as his sponsor.
We are expecting to wait 8 months for the visa to be approved, but will take him a few of months earlier on an E visitor. We have been assured by our migration agent and DIAC that this is quite common and if we inform them of our movements that when the visa is to be rubber stamped they will give us time to leave the country for a few days for it to be granted.
I do think that to apply then expect to stay on a tourist visa may be asking to much considering the length of time it may take for it to be granted.

Hope this helps

aahmed

I would rather suggest, Apply Child visa 101 if not already applied, then the main applicant come first and apply Family sponsored visa ( which will give you 1 year for your daughter visa , sufficient).

If you are from a LR country, you could get 101 decisions within 3 month, in case of HR countries it might take 12-14 months.

Family sponsored person will not be covered by Medicare provided your country doesn't have a tie up with Australian Health system.

kashif73

Thanks Zidane and Ahmed.
I have now applied for the child visa 101 for my daughter.

lychee01

My wife and I have our PR visa's which expire Nov 2013, we are still living in the Uk and need to emigrate next year, however we have just had a baby ( 8wks old) and are having diffuculty completing the relevant forms to sponsor our son. Has any one else completed the forms/process? We know the process is taking between 9 to 14 mnths to complete, therefor time is not on our side.

Pollyana

I've merged your post into a thread on the subject - might help with some of the queries

lychee01

Can anyone recommend a decent agency to help with our 40/47 form for our son, as I am really unsure of what documents we need and what needs to be certified. Also on questions like 'how much money is the child expecting to take?' (he's 8 wk old !), as we have not emigrated yet unsure how to answer the Q - on how long we have been resident in Aus. any advice very welcome.

James516

Just to throw the cat amongst the pigeons, our family (Me - Oz citizen, wife PR, child 1 Oz citizen) and our second child (UK citizen only) entered Australia with Child 2 on an ETA - then got citizenship by descent for him in about 3 days.

In theory immigration could have stopped us as Child 2 was obviously not a tourist, but in practice I would have been on the phone to Today Tonight so fast that it wouldn't have been worth their while Not necessarily a strategy I recommend to everyone however...

moneypenny20

I guess you're probably joking but why would you get on to a crap tv show to admit that strictly speaking you and your child broke the law? It's not the Immigration Official's fault that you chose not to follow the law If anything, you should go on such a show to applaud the official for being generous It's ok, it doesn't matter but I was just a tad confused by your attitude.

zzidane

How wierd is this, accepted offer on house on tues, and sent email to migration agent to ask about my wifes cousin, who is currently in Sydney but needs advice regarding his visa. My wife tells me before I leave for work that shes not sure we are doing the right thing. The first phone call I get at work is from agent telling me that her first email she opened today is from me followed by one from DIAC to say 101 visa has been granted.
Is this a sign?