Here’s How You Can Bring Your Thai Sweetheart’s Children to Australia
Being an Australian citizen who wishes to bring your Thai fiancée’s child or children to Australia, you actually have several options to choose from. But first, they must meet a certain criteria. For one, they should be under 21 years old and unmarried. In the event that they are over 21 years of age, they may still be approved of a visa so long as the petition is filed before they celebrated their 21st birthday. For another, their parent, your Thai girlfriend that is, must first get a visa so her children become eligible for a derivative visa.
Visa Entry Requirements for Children
The following are some of the options you have when you and your Thai fiancee or wife decide to bring her children to your home country. The child as an applicant can get any of the visa types below based on what best applies to his/her circumstance:
1. Child visa is for those applicants who are the dependent child of an Australian citizen, permanent resident or eligible New Zealand citizen.
2. Adoption visa is for those applicants (under 18 years of age) who have been adopted by an Australian citizen, permanent resident or eligible New Zealand citizen.
3. An orphan Relative visa is for those applicants (under 18 years of age) who are orphan relatives of an Australian relative who is an Australian citizen, permanent resident or eligible New Zealand citizen.
4. A dependent child visa is for those applicants who are the dependent child of the holder of a visa holding parent and is sponsored by the nominator or sponsor of the visa holding parent.
Child Visa (Subclass 101)
If you and your Thai fiancee had a child together prior to getting married and you want to bring him/her to Australia; you, as a parent, will automatically become their sponsor. The parent must be an Australian citizen, permanent resident or an eligible New Zealand citizen. As a parent, you act as a sponsor for the child and can lodge the visa application on behalf of the child. Your child should be under 25 years of age who wants to migrate to Australia.
What does this visa offer to the holder? When this visa is granted to your children, they will be allowed to live permanently in Australia and travel to and from Australia for five years from the date the visa is granted.
Dependent Child Visa (Subclass 445)
Perhaps the most applicable to the type of visa for your fiancee’s kids would be the dependent child visa. This is a temporary visa for a child or stepchild of a parent who holds a temporary partner visa and has not yet been granted a permanent partner visa. Of course, your Thai Fiancee has to be granted a temporary partner visa first before you both can file for the Dependent Child Visa.
This means that the child’s parent must hold one of the following visas:
• Temporary Partner visa (subclasses 309 or 820)
• Temporary Spouse Visa (subclasses 309 or 820)
• Temporary Interdependency visa (subclasses 310 or 826)
Applicants for this visa will require sponsorship from the same person sponsoring the child’s visa-holding parent, meaning you will stand as the sponsor for your Thai girl and that of her children.
Note: If this visa is granted, the child must lodge a separate application for the same permanent visa as their parent before a decision is made on the parent’s permanent visa application.
For whom is this visa for? This visa is for a dependent child whose parent holds a temporary partner visa that does not include the child. When it is granted the visa holder is then allowed to travel to and from, or remain in Australia for as long as their parent’s temporary visa is valid, or until the parent’s permanent visa application is finalized.
Apart these two visa types, you can also file for an adoption visa but you have to prepare for a lengthy and difficult process. Moreover, this arrangement is only possible if the child/children have lived with you for at least two years. The Orphan Relative visa is an entirely different story and we can just leave it as is for now.
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