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NSW Visa Australia - Applying for My Wife with Her Daughter?

Discussion in 'Immigration Law Forum' started by mohammad hussein, 6 February 2015.

  1. mohammad hussein

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    I am from Iraq and I am willing to bring my wife who I got married to last year in Iraq knowing that she’s my kin and I have known her whole my life. Decided to marry her in 2012 where I visited Iraq for the first time since I left it in March 2006.

    She was married before and living with her dad and 3 brothers and 3 sisters since 2011 and got divorced just before I married her in about 5 months and got 4 years old gorgeous girl from her Ex Husband who has no contact from him whatsoever.

    I just need to know what Visa Australia I should apply for and what documents I should have for my application for both my wife and her kid.

    Knowing that I have got almost everything ready for the application like Marriage Certificate, her ex Marriage Certificate, Divorce Certificate, photos of our marriage and ceremony, Viber and Skype calls, normal phone calls, calling cards, money transfer receipts, my bank statements, my work pay advice, my wife’s passport and 3 photo ids, her daughters 2 photo IDs (no passport yet) , Legal Support Custody of the child for my wife from Iraqi Court issued few months ago, my Australia Citizenship and my visit Iraq visas for 3 months on 2012 and for one year on 2013-2014.

    So are these enough or do I need more documents especially for the child as permission to travel from her dad and any other Legal Courts verdict like Argument Commandment or Guardianship or any other Biological fathers consent that I was told in Iraq that the child needs to come with her mum.

    Please I need help as I have been away from my wife for a long time and need to know as soon as possible.
     
  2. Michael T

    Michael T Well-Known Member

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  3. mohammad hussein

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    Yes I did couple of times but they don't give me any answers they say wer here just for customer service I dont know wat service they're talking about ;$
    Please I need someone else who can help me except for lawyers or immigration agents who just charge money for nothing as iv already prepared everything except don't know if it's enough or not ;)
    Thanks
    Please help
     
  4. Tracy B

    Tracy B Well-Known Member

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    Hi Mohammad,

    Your wife and her child will need to apply for an Australian visa (with passport). Take a look at the following visa types into Australia and see if you qualify for any:
    Basically, you can only sponsor your wife if you yourself are (i) an Australian citizen; or (ii) a permanent resident of Australia; and you are currently in Australia to apply. In relation to the marriage, this must be (i) valid in Iraq (if that is where you got married); and (ii) a recognised marriage if it were to have taken place in Australia (i.e. Australia must recognise the marriage type under Australian law).

    It is best to get the biological father's consent if the mother is attempting to take the child out of Iraq. However, you will need to look at Iraqi law for this.
     
  5. Melinda Jackson

    Melinda Jackson Active Member

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    Hi Mohammad,

    You may be looking at applying for a subclass 309 /100 partner visa - this is for Australian citizens or permanent residents to sponsor their spouses/de facto partners to migrate to Australia. Her child may be included on the application if she gains consent from the biological father.

    More information about this viss can be found here: Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100) .

    The Department have a basic document checklist to get you started, but keep in mind that the success of the application will depend on you providing lots of evidence to prove that you have a genuine and contining relationship with your wife.

    If you want specific advice about your application, particularly about documents required and consent issues, then you should seek advice from an immigration lawyer.

    Hope this helps.
     
    John R likes this.

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