Section 78 and applying for PR

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Old Dec 20th 2013, 2:10 am
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Default Section 78 and applying for PR

Hi,

My son was born in Australia in feb this year and holds a temp visa under section 78 of the migration act. We are about to lodge an application for a 186 on shore, my question is do we have to get the temp visa placed in my sons passport (an administrative task not a decision as he already has the visa) or can we just apply for PR and write that he holds the temp visa under section 78 of the migration act ?

My agent says we don’t need to get the temp visa placed in my sons passport as long as we are not travelling overseas. My brother did exactly the same thing last year and was told he did have to. I am a bit confused. Which agent is correct ?


Thanks in advance
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Old Dec 20th 2013, 10:53 pm
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Default Re: Section 78 and applying for PR

Why don't you ask you agent
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Old Dec 21st 2013, 2:17 am
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Default Re: Section 78 and applying for PR

Originally Posted by onmyway2013
Hi,

My son was born in Australia in feb this year and holds a temp visa under section 78 of the migration act. We are about to lodge an application for a 186 on shore, my question is do we have to get the temp visa placed in my sons passport (an administrative task not a decision as he already has the visa) or can we just apply for PR and write that he holds the temp visa under section 78 of the migration act ?

My agent says we don’t need to get the temp visa placed in my sons passport as long as we are not travelling overseas. My brother did exactly the same thing last year and was told he did have to. I am a bit confused. Which agent is correct ?


Thanks in advance
Australia deals with all visas electronically now and there is no need for a label, even if travelling, although you can get one if you want physical proof of the visa- costs $70.
This is fairly recent so your brother AND your agent are probably both right!
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Old Dec 21st 2013, 12:20 pm
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Default Re: Section 78 and applying for PR

Originally Posted by Pollyana
Australia deals with all visas electronically now and there is no need for a label, even if travelling, although you can get one if you want physical proof of the visa- costs $70.
This is fairly recent so your brother AND your agent are probably both right!
I believe he is talking about getting the visa applied against the passport under section 78 NOT the label.
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Old Dec 21st 2013, 1:36 pm
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Default Re: Section 78 and applying for PR

Originally Posted by Kiwi.ozzie69
I believe he is talking about getting the visa applied against the passport under section 78 NOT the label.
He said he already has the visa, and is just looking at the admin job of putting it in the passport?
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Old Dec 22nd 2013, 12:02 am
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Default Re: Section 78 and applying for PR

Originally Posted by Pollyana
He said he already has the visa, and is just looking at the admin job of putting it in the passport?
Hi i was not clear in my first post. .... my baby has a visa under section 78. This is automatic ....

The immigration department have not been informed yet to add it to the temp visa. .... I am not talking about a visa label. ....

Sorry was not clear in my first post. ...

I am about to apply for pr. .... my agent says that is don't need to have the babys visa added to the system as he alleraddy holds a visa by operation of law. .... it will only be an issue if I want to leave oz for a holiday before we are issued pr. ..

my brother was told the opposite..... when he applied. ... this was by another agent. .....
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Old Dec 22nd 2013, 6:59 pm
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Default Re: Section 78 and applying for PR

Originally Posted by onmyway2013
Hi i was not clear in my first post. .... my baby has a visa under section 78. This is automatic ....

The immigration department have not been informed yet to add it to the temp visa. .... I am not talking about a visa label. ....

Sorry was not clear in my first post. ...

I am about to apply for pr. .... my agent says that is don't need to have the babys visa added to the system as he alleraddy holds a visa by operation of law. .... it will only be an issue if I want to leave oz for a holiday before we are issued pr. ..

my brother was told the opposite..... when he applied. ... this was by another agent. .....
In your shoes then I would be going to a DIBP office and asking for some kind of proof that the baby has a visa - a letter if not a passport label. If the baby is not on the system as having a visa cos they don't know about him/her then they may not allow you to board the flight back to Aus, as there will be no proof that Australia will allow you in (I say 'you" cos they wouldn't make you abandon the baby!)
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