oa02

Hello all
I am happy to say after 5 1/2 months my temporary spouse visa has been granted.

I am a bit confused about the change of circumstances on the grant letter.Its states the obvious such as let them know if there is a change in your relationship,address etc but the part that is confusing me is it says to let them know about children arriving in Australia.Do they mean if one of my children just come and visit me on a visitor visa?
I have children living with my ex and my ex refused to get them a medical so I had to sign a stat dec declaring I wouldn't try to migrate them to Oz but I assume they can still visit me at some point? Why would immigration want to know if they are simply coming to stay for a couple of weeks?

thanks for any insight

pomref

Yes, Even If one of your children do vist you. Or you travel outside Australia, just send them a letter to your nearest department office, It just covers you, if they have a qustion they can contact you.

FayWray

Congratulations on the visa! I applied for mine 8 weeks ago - there are so few people on BE aplying for onshore spouse/de facto visas that its very very nice to hear some good news!

I can't help re. your question I'm afraid but I wondered - was the 5.5 months wait just the standard very long wait? Or was there a reason (you don't have to say what it was)? I'm trying to work out how long I shall have to stretch my patience you see....

Thanks - and well done again! Fay

koala12

CONGRATULATIONS!!!!!! I have been living in Sydney for 18 months on a temporary spouse visa and put in for my permanent one mid January...I got an email at the weekend saying that current processing times are 6-8 months....I am horrified!

Pollyana

They are probably just being alert to the possibility of the child/children migrating to live with you. DIAC always considers the possibilty of the children migrating and going into your custody, thats why the ask for them to do the medicals.

oa02

Thanks very much I'm not sure if 6 months is the norm onshore,I read stories about people getting theirs granted right away but that wasn't the case with us.Maybe some states are slower or more backed up as well.

When we applied we were told 3-6 months but later were told 6-9 months.There were some other factors,like our CO changed and they were wanting additional evidence,we had no idea about either of these until we lost our patience about not bothering them at 5 months in and started calling to find out what was going on.

JAJ

DIAC do not need to know about children coming to visit.

JAJ

Yes of course they can still visit you, with the appropriate tourist visa or ETA. Are they British citizens?

Incidentally, if a substantial time period has passed (ie, many years) and you later on want to sponsor the children, you may still be able to do so, especially if you are an Australian citizen by then. Get professional advice if this ever becomes something you or the children want to do. Did you keep a copy of what exactly you said on the statutory declaration?

Also, if there were to be an unforeseeable change of circumstance (eg death of the other parent) you could probably sponsor them sooner (again, with professional assistance).

It is surprising in one way that DIAC accepted the children not having medicals, if they are in the U.K. In the U.K. a custodial parent, as far as I understand, does not have the legal right to veto these things where another parent also has custody/access rights.

Again if the children are British, be aware that under U.K. law they can make up their own mind where they would like to live once they turn 16 (not 18).

pomref

JAJ in the Temp Spouse visa letter that is sent out, It says "you are legally bound to inform the department in writing of any changes in you circumstances" its in the letter thats sent out for even one with the visa.

If in her letter they have also said about Children visiting her ,wouldn't it be better just to let them know rather than up set the DIMA for not informing them.

oa02

Hi Jaj
thanks for the advice,I will keep that in mind if our circumstances ever change.The kids and I are u.s. citizens.Not really sure what the laws are there other than my ex has full custody and I was already in Oz so I couldn't exactly take them to a doctor and my ex would have nothing to do with it.He wrote a letter to immigration as well stating he refused to do it.I'd be more than happy to get my son a medical over here if my ex allows him to visit and DIAC wanted me to but if that was the case I would hope that would void the agreement I made about never trying to sponser since it was only made because I couldn't get the medicals.

oa02

Thats what got me confused is it seems like a really grey area.The exact wording under change in circumstances says "children arriving in Australia".

Pollyana

In your shoes I would respond to the case officer that sent out the letter and visa grant, asking for clarification re holidays etc.

FayWray

Thanks for the info and congrats again. Hope you get everything sorted out

Fay

JAJ

Children visiting Australia is not a notifiable change of circumstances. I'm unclear as to how anyone could construe it to be so.

zigsworth

Hey
I'm going to be applying for a spouse visa in the next coming months. My partner already been granted skills based permie resident visa.
Similar to yourself I'm in a situation whereby my ex will more than likely not allow the medical to take place. How much of an issue is this in the visa process?
Any advice greatly received.
Cheers!