# Child's mum stuck in Kenya



## daniel.k

Hi All,

I have come here as a last resort. I have a child, /SNIP/ with a Kenyan I met on a short trip in early 2019. We are not together, and I am now recently married to another woman. I am on great terms with the child's mother and would like her to come across to Australia, so that the child can be raised close by here in Australia.

Is there any visa under $10,000 AUD that would enable this to happen?

It seems like the parent visas are suited to aged parents of wealthy international students. This is not the case in this instance.

Money talks in the immigration space. The best interest (growing up with his mother) of a 3-year-old Australian child do not.


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## Moulard

The only pathway that I can see is the Parent Visa with you as the sponsor - under the assumption the child has been granted Australian citizenship by descent.

The parent visa actually allows for alternative sponsorship arrangements where the child is under 18. 

You would have to be in a position to provide support, housing and financial help for the first 2 years the mother lives in Australia.

However this is not likely practical on the short or even medium term given the tremendous backlog on parent visas.

Its possible that a MARA agent may have suggestions.. might be worth a short consultation with one, but I would not hold out much hope.


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## mutapha

Parent visa (subclass 103) is the only option here. But you need to have a visa the allows the mother of your child to come here. A visitor visa should be OK. When the mother is here, you can file the parent visa which triggers a bridging visa.


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## daniel.k

Moulard said:


> The only pathway that I can see is the Parent Visa with you as the sponsor - under the assumption the child has been granted Australian citizenship by descent.
> 
> The parent visa actually allows for alternative sponsorship arrangements where the child is under 18.
> 
> You would have to be in a position to provide support, housing and financial help for the first 2 years the mother lives in Australia.
> 
> However this is not likely practical on the short or even medium term given the tremendous backlog on parent visas.
> 
> Its possible that a MARA agent may have suggestions.. might be worth a short consultation with one, but I would not hold out much hope.


The child has been granted citizenship by descent. It’s seems insane to me that there is no option to have an Australian child live with his mother in Australia.



mutapha said:


> Parent visa (subclass 103) is the only option here. But you need to have a visa the allows the mother of your child to come here. A visitor visa should be OK. When the mother is here, you can file the parent visa which triggers a bridging visa.


So you are recommending that she come over on a visitors visa and then file for a parent visa? What would the bridging visa conditions be? I cannot financially afford to fund the entire living expenses of another adult for 6-9 years while waiting for the 103 visa to be approved.

Thanks for all your responses!


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## Moulard

daniel.k said:


> It’s seems insane to me that there is no option to have an Australian child live with his mother in Australia.


I am not aware of any other country that allows what you are expecting Australia to offer.

I can imagine the political and media firestorm that would result were a government to create a visa class for this...

Lets face it, the fear of "anchor babies" was one of the primary motivators behind the Australian Citizenship Amendment Act 1986


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## mutapha

daniel.k said:


> So you are recommending that she come over on a visitors visa and then file for a parent visa? What would the bridging visa conditions be? I cannot financially afford to fund the entire living expenses of another adult for 6-9 years while waiting for the 103 visa to be approved.
> 
> Thanks for all your responses!


Basically, the bridging visa conditions are tied to the current substantive visa which is visitor visa in this case. To be allowed to work, the mother of your son must show the department that she is in financial hardship. But in the visa 103 application, you are the responsible sponsor. You are better to have an extremely good story here.


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## daniel.k

mutapha said:


> Basically, the bridging visa conditions are tied to the current substantive visa which is visitor visa in this case. To be allowed to work, the mother of your son must show the department that she is in financial hardship. But in the visa 103 application, you are the responsible sponsor. You are better to have an extremely good story here.


Thanks for your response. So I would have to show I am in financial hardship? Do you know what would be considered financial hardship?


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## mutapha

daniel.k said:


> Thanks for your response. So I would have to show I am in financial hardship? Do you know what would be considered financial hardship?


No, the mother. It depends on personal circumstances.


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## daniel.k

mutapha said:


> No, the mother. It depends on personal circumstances.


Final question @mutapha . If we have Leah come across on a visitor's visa and then while here submit a "Contributory Parent visa 143", I have read that it then would be possible to gain access to a bridging visa. My question though is, do you think it would be possible to obtain a bridging visa A (BVA) with work rights? 

Thanks again!


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## NB

daniel.k said:


> Final question @mutapha . If we have Leah come across on a visitor's visa and then while here submit a "Contributory Parent visa 143", I have read that it then would be possible to gain access to a bridging visa. My question though is, do you think it would be possible to obtain a bridging visa A (BVA) with work rights?
> 
> Thanks again!


*Can I apply for a 143 visa in Australia?*
You can apply onshore or offshore. There is no bridging visa if you are onshore when the application is lodged.
Cheers


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## Moulard

I believe that the costs associated with the contributory visa classes well exceed the $10k AUD limit you have set yourself.


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## daniel.k

Moulard said:


> I believe that the costs associated with the contributory visa classes well exceed the $10k AUD limit you have set yourself.


It’s only around 9k initially with lawyers fees. The big payment is 4-6 years down the line. Which if Leah has working privileges, together we can save toward that!


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## daniel.k

NB said:


> *Can I apply for a 143 visa in Australia?*
> You can apply onshore or offshore. There is no bridging visa if you are onshore when the application is lodged.
> Cheers


I guess that is not an option then. Is there any other way to bridge the 6 years. So Thanasi and her can both be here for that period?


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## NB

daniel.k said:


> I guess that is not an option then. Is there any other way to bridge the 6 years. So Thanasi and her can both be here for that period?


870 visa will see you through for 10 years
But no working rights or Medicare 
Cheers


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