I’m sara holder of 489 visa for south australia... mu husband is eligible to apply for 489 subsequent entrant visa for

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Customer: i’m sara holder of 489 visa for south australia... mu husband is eligible to apply for 489 subsequent entrant visa for same region.. he has 3 kids from her 1st wife. i just need to ask you that should he need to mentioned his 1st wife in his family details although she is not going to migrate with him???
JA: What steps have you taken? Have you filed any papers in South Australia family court?
Customer: no actually i did not move yet to australia... i just wanted to ask is it permissible to include and migrate his 3 kids to australia with consent of his ist wife... our marriage is legal and registered in our country as per law...
JA: Have you talked to a lawyer about this yet?
Customer: In pakistan lawyers told me that any marriage out of australia is legal if took place as per our country law but Australia only recognize single wife as legal spouse...
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i just want to ask you that should we need to include his Ist wife in family information and other is what exactly document we required to apply for 489 subsequent visa if have 2 wives which are legally registered in our court of law and permissible in our religion
Answered by John Melis in 13 mins 2 years ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post. I may need to ask further detail from you. Thank you.

Customer
sure please
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John Melis, Expert

Your eligible family members can:

  • accompany you to Australia if you have included them in your visa application
  • join you in Australia after you have been granted your visa as a subsequent entrant. You must have declared these family members in your student visa application.

Declare all family members on your application, even if they do not plan to travel with you to Australia. If you do not do this, your family members will not be eligible for a student visa to join you in Australia.

If you did not declare a family member and they need to join you in Australia at a later date, you will need to apply for a new student visa including them and explain why they were not included on your application. An exception to this is if they became your family members after your student visa was granted and before a subsequent application is made.

If your family members are applying to join you in Australia as a subsequent entrant, they will need to provide the following with their online application:

  • identity documents such as a certified copy of birth certificate, passport, national ID card or Hoko book
  • proof of their relationship to each family members such as official birth certificate or marriage certificate
  • a copy of your main passport page
  • evidence from the education provider that you are still studying
  • proof of financial capacity, either:
    • evidence of annual income of at least AUD 70,000
    • evidence of funds to cover travel costs and 12 months' tuition and living costs for both them and you, plus school costs for any school aged dependants for the first 12 months.
  • evidence of school enrolment for school-aged dependants
  • evidence of health insurance for them and each dependant
  • Form 1229 - Consent to grant an Australian visa to a child under the age of 18 years (PDF 243KB) for all students and family members under the age of 18.

Subsequent entrants must also meet the genuine temporary entrant requirement and healthand character requirements.

Subsequent entrants might need to provide other documentation that is specific to their circumstances.

https://www.homeaffairs.gov.au/trav/brin/chil

A child might be eligible for a child visa if they are:

  • under 18 years of age, and
  • single (not married, engaged to be married, or in a de facto relationship)

In certain circumstances, a person over 18 years of age might be considered as a child. These circumstances are described in the child visa options below.

A child might be eligible to apply for an adoption visa if they are:

  • under 18 years of age, and
  • single (not married, engaged to be married, or in a de facto relationship)

A person who has been adopted, but is over 18 years of age cannot apply for this visa

The visa options listed below allow a child to live in Australia as a temporary or permanent resident.

You might be able to sponsor a child if you are:

  • an Australian citizen, or
  • an Australian permanent resident or the holder of a permanent visa.

Which visa option is right for me?

The visa option that is right for a child depends on their circumstances, including:

  • a child’s age
  • a child’s dependency status
  • if the child is in or outside of Australia.

Visa options for a child inside Australia

Scenario 1: A child’s parent or their parent’s partner sponsors them to live in Australia as a permanent resident.

Visa option: Child (Permanent) (Subclass 802)

To apply for a Child (Permanent) (Subclass 802), a child must be:

  • inside Australia when applying for the visa
  • sponsored by their parent or their parent's partner.

If a child is 18 years or older, they must be single and either:

  • a full-time student between 18 and 25 years of age and financially dependent on the sponsoring parent, or
  • unable to work due to disability.

A child might also be able to apply for this visa if they were adopted after their parent became an Australian citizen, holder of a permanent visa or eligible New Zealand citizen. There are additional requirements that must be met for adopted children.

See > Child (Permanent) (Subclass 802)

Scenario 2: A relative sponsors an orphaned child to live in Australia as a permanent resident.

Visa option: Orphan Relative (Permanent) (Subclass 837)

To apply for an Orphan Relative (Permanent) (Subclass 837) a child must be:

  • inside Australia when applying for the visa
  • sponsored by a relative (a brother, sister, grandparent, aunt, uncle, niece, nephew or step-equivalent) who is an Australian citizen, permanent resident or eligible New Zealand citizen
  • unable to be cared for by their parents because they are both either missing, dead or permanently incapacitated
  • under 18 years of age when applying for the visa.

See > Orphan Relative (Permanent) (Subclass 837)

Visa options for a child outside Australia

Scenario 3: A child’s parent or their parent’s partner sponsors them to live in Australia as a permanent resident.

Visa option: Child (Permanent) (Subclass 101)

To apply for a Child (Permanent) (Subclass 101) visa, the child must be:

  • outside Australia when applying for the visa
  • sponsored by their parent or their parent’s partner.

If a child is 18 years or older, they must be single and either:

  • a full-time student between 18 and 25 years of age and financially dependent on the sponsoring parent; or
  • unable to work due to disability.

See > Child (Permanent) (Subclass 101)

Scenario 4: A relative sponsors an orphaned child to live in Australia as a permanent resident.

Visa option: Orphan Relative (Permanent) (Subclass 117)

To apply for an Orphan Relative (Permanent) (Subclass 117) visa, the child must be:

  • outside Australia when applying for the visa
  • the relative of a person who is an Australian citizen, permanent resident or eligible New Zealand citizen
  • sponsored by a relative (a brother, sister, grandparent, aunt, uncle, niece, nephew or step-equivalent) who is an Australian citizen, permanent resident or eligible New Zealand citizen
  • unable to be cared for by their parents because they are both either missing, dead or permanently incapacitated
  • under 18 years of age when applying for the visa.

See > Orphan Relative (Permanent) (Subclass 117)

Scenario 5: A person who is an Australian citizen, holder of a permanent visa or eligible New Zealand citizen sponsors a child that they have adopted overseas to live in Australia as a permanent resident. A child who is in the process of adoption might also be able to apply for this visa.

Visa option: Adoption Visa (Permanent) (Subclass 102)

To apply for the Adoption Visa (Permanent) (Subclass 102), the child must be:

  • outside Australia when applying for the visa
  • adopted:
    • with the involvement of an Australian state or territory adoption authority (either under the Hague Adoption Convention, a bilateral adoption with a competent authority of another country, or another adoption agreement)
    • under the laws of a country other than Australia and their sponsor or their sponsor's partner has and been living outside Australia for the 12 months before the child applies for the visa
  • sponsored by their adoptive parent or their adoptive parent's partner
  • under 18 years of age when the application is lodged and when it is decided.

See > Adoption Visa (Permanent) (Subclass 102)

Visa options for a child inside or outside Australia

Scenario 6: A child’s parent holds a temporary partner visa, and the child was not included in the temporary partner visa application.

Visa option: Dependent Child Visa (Subclass 445)

To apply for a Dependent Child Visa (Subclass 445), a child must be:

  • either inside or outside Australia when applying for the visa
  • a dependent child of a parent who holds a Partner Provisional visa (subclass 309), Interdependency visa (subclass 310), Dependent Child visa (subclass 445), Partner visa (subclass 820) or Interdependency visa (subclass 826)
  • sponsored by the same person sponsoring their parent (with limited exceptions).

If a child is 18 years or older, they must be:

  • financially dependent on the parent holding the temporary partner visa, or
  • unable to work due to disability.

NOTE:

A child must apply for this visa if they were not included in their parent's application for a temporary partner visa (which has been granted) and want to apply for the same permanent partner visa as their parent.

After being granted this visa, the child must immediately apply for the same permanent partner visa as their parent. The child must apply before a decision is made on their parent’s permanent partner visa application. If the child does not do this, and the child is in Australia when a decision is made on their parent’s permanent partner visa application, the child could become unlawful and might have no other permanent visa options available to them.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

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You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
i am not on student visa.... I got skilled state nomination 489 TR visa and my spouse wants to apply for 489 subsequent entrant visa.... My only question was as he already have his Ist wife with him who is not migrate with us .. should he need to include her in his application as family member and what documents we required to have for such application
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John Melis, Expert

he should include on the application,As you have not submitted any applications to Home Affairs (immigration department), you will be able apply for a partner visa. 

There are two streams 820 and 801, both streams can be applied for but you only submitted one application.The application process is done online through the Home Affairs website.You will need to create an immi account, which is free to process the application. 

When you complete the application form online it is important that you do not oversupply detail and only provide the exact information that s asked for, as this will ensure your application is not put to the side or red flags raised about the information in the application. 

You can commence the process through the following link: 

https://www.homeaffairs.gov.au/trav/visa-1/801-/Partner-visa-(subclasses-820-and-801)-document-checklist

If you need an immigration agent you can use the following link to identity a party to assist you, but you should be ok completely the form online directly, as the online process is very easy and good to use. 

https://www.mara.gov.au
Would you like to consider these options.You have a legal right to protect your interests in this important situation.Have I helped with your question today ?
Customer
i got 489 visa which is temporary visa and my husband can only apply for 489 subsequent entrant visa not partner visa... kindly just let me know that with two wives he is eligible to apply with me... Australian law recognize our marriage as legal???
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John Melis, Expert

Ok I will call you at 8.40 am esteem standard time and discuss in detail your application process

Customer
Thank you
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John Melis, Expert

You are welcome
Customer
8.40 am Australian standard time or my standard time ???? as i have 6 hours difference from Australia
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John Melis, Expert

yes in 30 minutes

Customer
sorry its mis
Customer
its mid of the night when i missed your call.. can you cal me again
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John Melis, Expert

what is your number and country again

Customer
092-***-***-****0 from pakistan
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