Can anyone help with this scenario? Our grandchild's father wants to come visit his child - he is a British citizen. We had thought he could get a WHV 417 and go travel do his thing but also be able to come visit the child and they spend time together and do things. However, it seems he cannot be accompanied at any time on the WHV with his child. The child is already here in Aus and is a citizen. Can anyone expand on this? Or experienced a similar situation, what visa did you get? No point in him getting the WHV if he can't have his child with him at any time on it. We'll chat to someone on Monday but was hoping someone here may have some experience or knowledge that may help.

Thanks,

Oz Bound

Interesting thought, and I don't believe its ever come up before, only the situation where the parent would be bringing the child with them, which as you know is not allowed.
probably worth asking a registered agent's advice - there are some like Paul Hand who post on here, as its certainly an unusual situation.

Thanks Pollyanna. Unfortunately we are no clearer on whether this is the right option. I've spoken to 1 agent here who said it was not a concern as he is not looking to bring the child with him. He has spoken to 2 in the UK, 1 said he would be fine and the other said a WHV was a hard no, do not even try this option.

I found this online - "The Department of Home Affairs defines “dependent children” as your or your partner’s child from a current or previous relationship, who is not married, engaged or in a de facto relationship, wholly or substantially reliant on you for their basic needs of food, clothing and shelter, and is under 18 years old."

Is your grandchild a dependent of their father by this definition?

Based on that definition I would say no. We the grandparents, along with the mother provide the basic needs of food, clothing and shelter.

So the father really has no financial input, and no role in supporting the child in the child's everyday life?
Be interested in what Sparkles thinks, but I think a WHV could be possible, as long as the main purpose of the visit is work/holiday, not specifically to connect with the child,, and if necessary you can show that all the support comes from mother and grandparents.
Plus the child is Australian and resident there, and is not visiting with the father.

The WHV says that you cannot be accompanied by dependent children to obtain this visa. ie. you cannot apply for this visa and take your dependent children with you.
The father appears to be visiting Australia on this visa (maybe to work) and during that time will visit his son.
This, to me, does not go against the rules of the visa.
(The son is not dependent on the father and indeed the son lives in Australia with his mother and grandparents on whom he is dependent)


Another option, why does father not just go as a visitor with the evisa which can be for up to 1 year.

i'm guessing he'd like the option to work a bit while he'd there, maybe?

Seems you agree with my interpretation of the rules though. I think the fact the child has a life in Aus, and is not really dependent on the father, makes the WHV feasible.

A visitor visa is an option but obviously the hope was to work to support himself.

On the face of it it is clear that the child is not coming on the visa so not a factor. It is the wording within the application that states the applicant cannot be accompanied at any time by a dependent.

It's too grey area for us and not worth the risk. I've emailed Paul Hand who replied and said we are basically correct. So we are now going to book an initial consultation with him and see what our other options are but worse case scenario he comes as a tourist again and just doesn't stay as long.

Thanks everyone

That was my thinking too - and that description of dependent is probably why two of the three agents spoken to thought it was doable.

Thats great, hopefully he will be able to resolve it for you, as the child isn't really a "dependent" if the father is not supporting them, so withl uck it'll all work out