British Expats

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-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Visa question (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/visa-question-827611/)

E3only Mar 5th 2014 6:11 pm

Visa question
 
:thumbsup:

Hi Guys,

Looking to travel to Australia in April. We (An Australian citizen me, US citizen Infant, Indian citizen wife who is PR however PR has run out). Apologies if this is very obvious but can you point in the right direction and help me understand what my wife and my baby boy will need (visa) to visit next month so I can get on it.

Appreciate your help.
Thanks in advance

Bermudashorts Mar 5th 2014 6:14 pm

Re: Visa question
 
Your wife should apply for a resident return visa. As it is a holiday, no reason your son cannot get a regular tourist visa or eta.

E3only Mar 5th 2014 6:34 pm

Re: Visa question
 

Originally Posted by Bermudashorts (Post 11159873)
Your wife should apply for a resident return visa. As it is a holiday, no reason your son cannot get a regular tourist visa or eta.

Thanks!

For my son is it "Electronic Travel Authority (subclass 601)"

http://www.immi.gov.au/Visas/Pages/F...ths&Family=All

E3only Mar 7th 2014 12:12 am

Re: Visa question
 
Hi,

Is it required that my wife apply for resident return visa? Can you apply for Visitor visa? The resident return visa has $345 cost to it AND in the application it says she may be required to attend an interview in Washington.

Thanks

Pollyana Mar 7th 2014 12:17 am

Re: Visa question
 

Originally Posted by E3only (Post 11161969)
Hi,

Is it required that my wife apply for resident return visa? Can you apply for Visitor visa? The resident return visa has $345 cost to it AND in the application it says she may be required to attend an interview in Washington.

Thanks

Almost certainly if she gets a tourist/visitor visa then her PR will be cancelled out by it. She cannot hold both visas, and the latest one issued takes prcedence.
If she wants to keep her PR she need to apply for the RRV. Interviews are the exception rather the norm, as for the cost, thats what everyone has to pay for a RRV. No-one ever said immigration was cheap!

Bermudashorts Mar 7th 2014 12:39 am

Re: Visa question
 

Originally Posted by E3only (Post 11161969)
Hi,

Is it required that my wife apply for resident return visa? Can you apply for Visitor visa? The resident return visa has $345 cost to it AND in the application it says she may be required to attend an interview in Washington.

Thanks

If she is happy to give up her Australian PR then yes she could get a visitor visa. I was working on the assumption she would not want to do that.

E3only Mar 7th 2014 12:48 am

Re: Visa question
 

Originally Posted by Pollyana (Post 11161975)
Almost certainly if she gets a tourist/visitor visa then her PR will be cancelled out by it. She cannot hold both visas, and the latest one issued takes prcedence.
If she wants to keep her PR she need to apply for the RRV. Interviews are the exception rather the norm, as for the cost, thats what everyone has to pay for a RRV. No-one ever said immigration was cheap!


Originally Posted by Bermudashorts (Post 11161998)
If she is happy to give up her Australian PR then yes she could get a visitor visa. I was working on the assumption she would not want to do that.

Thanks you guys.

Nops, RRV it is. Anyone have an idea how long this takes to process?

old.sparkles Mar 7th 2014 12:51 am

Re: Visa question
 

Originally Posted by E3only (Post 11162008)
Thanks you guys.

Nops, RRV it is. Anyone have an idea how long this takes to process?

Has your wife spent 2 years of the last 5 in Australia?

E3only Mar 7th 2014 12:54 am

Re: Visa question
 

Originally Posted by old.sparkles (Post 11162014)
Has your wife spent 2 years of the last 5 in Australia?

Entered 2006 spouse visa
Granted PR 2008 November

Moved to US June 2010 (what we thought was for 2 years now turns out we are still here. Didn't move with the same Australian employer)

PR ran out Nov 2013

Does she not have a chance? She is a trailing spouse, I am Australian citizen

old.sparkles Mar 7th 2014 1:03 am

Re: Visa question
 

Originally Posted by E3only (Post 11162021)
Entered 2006 spouse visa
Granted PR 2008 November

Moved to US June 2010 (what we thought was for 2 years now turns out we are still here. Didn't move with the same Australian employer)

PR ran out Nov 2013

Does she not have a chance? She is a trailing spouse, I am Australian citizen

She wouldn't be eligible for a 5 year RRV now so the application isn't as straight forward. No-one can really say how long it will take

Bermudashorts Mar 7th 2014 1:11 am

Re: Visa question
 

Originally Posted by E3only (Post 11162021)
Does she not have a chance? She is a trailing spouse, I am Australian citizen

Of course she has a chance, nobody said she did not have a chance. If she had spent more than two years in Australia (on the PR visa) though it would have been a rubber stamp exercise for a five year visa more or less. As it is she can only hope for a one year RRV, but certainly a citizen husband will help.

Just wondering again about the boy, if you were a citizen when he was born then perhaps he is also a citizen? In which case you need to get him an Aussie passport not a tourist visa. Is there some reason you believe he is nota citizen?

E3only Mar 7th 2014 1:19 am

Re: Visa question
 

Originally Posted by Bermudashorts (Post 11162036)
Of course she has a chance, nobody said she did not have a chance. If she had spent more than two years in Australia (on the PR visa) though it would have been a rubber stamp exercise for a five year visa more or less. As it is she can only hope for a one year RRV, but certainly a citizen husband will help.

Just wondering again about the boy, if you were a citizen when he was born then perhaps he is also a citizen? In which case you need to get him an Aussie passport not a tourist visa. Is there some reason you believe he is nota citizen?

Wow,

It's getting complicated by the minute. I never thought I would run against this. Good I was about to buy the tickets this morning for our trip to Sydney April 11th. Now I am concerned because....

1. No way I can be sure if wife gets her RRV
2. The point about my son you mention. I was Australian citizen when he was born so yes, he may eligible but I haven't gotten around applying for it. I suspect that application will take months

So any suggestions how I should proceed?

Bermudashorts Mar 7th 2014 1:29 am

Re: Visa question
 

Originally Posted by E3only (Post 11162042)
Wow,

It's getting complicated by the minute. I never thought I would run against this. Good I was about to buy the tickets this morning for our trip to Sydney April 11th. Now I am concerned because....

1. No way I can be sure if wife gets her RRV
2. The point about my son you mention. I was Australian citizen when he was born so yes, he may eligible but I haven't gotten around applying for it. I suspect that application will take months

So any suggestions how I should proceed?

Well nobody can give you cast iron guarantees, but my gut feeling is that I do not think you should be particularly worried about your wife getting a RRV. She has a citizen husband and by sounds of it a citizen son as well. So I think you just need to get on with this one.

Certainly sounds like your son is an Australian citizen, as such he cannot have a visa. So you need to get on with his process as well and get him an Australian passport.

How you proceed, is to get on with it asap ... and certainly I would not be booking flights just yet.

old.sparkles Mar 7th 2014 1:31 am

Re: Visa question
 

Originally Posted by E3only (Post 11162042)
Wow,

It's getting complicated by the minute. I never thought I would run against this. Good I was about to buy the tickets this morning for our trip to Sydney April 11th. Now I am concerned because....

1. No way I can be sure if wife gets her RRV
2. The point about my son you mention. I was Australian citizen when he was born so yes, he may eligible but I haven't gotten around applying for it. I suspect that application will take months

So any suggestions how I should proceed?

I would go with

1. Do not make travel arrangements until you have sorted out wife's visa situation and son's citizenship

2. Get wife to apply for RRV

3. Check out immi site for son's citizenship - http://www.citizenship.gov.au/applyi...born_overseas/

4a. If son is citizen, get Australian passport for him
4b. If son not citizen, get visa after finding out if wife gets RRV

E3only Mar 7th 2014 1:36 am

Re: Visa question
 

Originally Posted by Bermudashorts (Post 11162051)
Well nobody can give you cast iron guarantees, but my gut feeling is that I do not think you should be particularly worried about your wife getting a RRV. She has a citizen husband and by sounds of it a citizen son as well. So I think you just need to get on with this one.

Certainly sounds like your son is an Australian citizen, as such he cannot have a visa. So you need to get on with his process as well and get him an Australian passport.

How you proceed, is to get on with it asap ... and certainly I would not be booking flights just yet.


Originally Posted by old.sparkles (Post 11162054)
I would go with

1. Do not make travel arrangements until you have sorted out wife's visa situation and son's citizenship

2. Get wife to apply for RRV

3. Check out immi site for son's citizenship - http://www.citizenship.gov.au/applyi...born_overseas/

4a. If son is citizen, get Australian passport for him
4b. If son not citizen, get visa after finding out if wife gets RRV

Thanks. He is a citizen for sure.

I will get on it. I don't think so we stand a chance to get everything organized, posted to Australia, they respond, we get him passport AND hopefully wife gets RRV AND we get our long awaited vacation for April.


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