Question of the Week
Partner Visa, Citizenship by Decent for a child with No Further Stay condition?
Category: Partner Visa
Question asked
My husband is an Australian citizen by birth. Our 3 year old daughter and I (both UK citizens) are currently with him in Australia on an e visitor 651 visa.
I am about to submit a partner visa onshore and will receive a bridging visa.
We have submitted an application for our daughter to become a citizen by descent( for which the processing time is 56 - 72 days) however she will not receive a bridging visa and so will need to leave the country soon as we have been here for almost 3 months.
I understand that we may able to submit an application for a Tourist Visa 600 for her on onshore? Is this correct?
And if so, how will the No Further Stay condition affect us, given that we have already applied for her citizenship?
Thank you!
Answer provided by Migration Agent
Dear S.,
Thank you for your question.
The short answer is no, your 3 years old daughter cannot apply for an onshore tourist visa 600 if her visa has 8503 No Further Stay condition.
You can make a request to the Department of Home Affairs (DHA) to waive the 8503 No Further Stay condition, however, they take 28 days to make a decision as to whether grant the applicant the waiver or not. Also, the waivers are usually given in emergency cases (ie; unable to travel due to medical conditions etc).
If your daughter’s visa did not have the 8503 condition then yes, she would have potentially had the option to apply for an onshore tourist visa again (or extend it).
Nonetheless, given the circumstances, this cannot be possible.
Your only option is to go offshore and apply for a tourist visa to enter back in Australia.
I would suggest the following option as your strategy:
I understand travelling back to the UK can be costly and long just to apply for an offshore visa, therefore, a possible option is to go to New Zealand (NZ) and apply as offshore. Your daughter is a UK citizen, therefore, she can travel to NZ without any NZ visa. Once landed in NZ, apply for her e651 tourist visa. Generally, e651 visa processing time can be up to 2 weeks but given the circumstances and your daughter’s age (3 years old), I would expect the DHA to approve her visa within 1-2 days.
Once approved, your daughter can come back to Australia and hopefully within the timeframe of her tourist visa (ie; 3 months), you receive the outcome for her Citizenship by Descent application.
-------- Clarification Request --------
Thank you for the answer, however, I perhaps didn't explain clearly enough. My daughter already has the e651 and so does not have a no further stay condition. My question was in relation to the no further stay condition on the visa that we want to apply for (the tourist visa 600). If she were to apply for that visa onshore and be granted it, would the no further stay condition on THAT visa affect her citizenship application?
So, if she were granted citizenship while onshore on a visa with a no further stay condition, would that present a problem? Thank you so much again :-)
---------- Response by Migration Agent -------------
This will not impact her Citizenship.
If your daughter is on a tourist visa 600 (with no further stay condition) and during that time she receives her Citizenship by descent then her Citizenship will be in effect and therefore she will no longer have to rely on tourist to stay in Australia even if it had No Further Stay Condition.
For example, your daughter applied for a tourist visa on 17 July 2019. On 19 July 2019, she receives her tourist visa 600 for 3 months with No Further Stay Condition. On 30 July 2019, she also receives her approval for Australian Citizenship by descent. Once that Citizenship is in effect (ie: 30 July 2019), she will no longer have to oblige by her visa condition (ie: No Further Stay after 3 months of visa grant) because she is now a Citizen and no longer require a visa to live in Australia.
Regards
Migration Agent
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