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Change of Circumstances - Please help!

Rocky

Newbie
Messages
3
Points
1
Timeline missing
Hi All,

I and my wife received our 189 visa grants in Oct 2018, I was the primary applicant in the application and she was listed as a dependent spouse.
My IED was April 2019 and after we got our grants we came to know that my wife was pregnant. I travelled to Aus in March 2019 and got my PR successfully validated/activated but since my wife was pregnant she was unable to do so. We became parents in July 2019 and my wife then travelled to Aus and got her PR validated/activated in Aug 2019. We were planning to permanently migrate to Aus in early 2020 but that is when Pandemic hit the world and we had to postpone our plans.

I recently came to know that there is something called "change of circumstances" and I have following questions related to that:

1) According to DIBP, if the grant is "offshore" one has to inform DIBP about the child's birth until he is "immigration cleared". I (main applicant) cleared the immigration before my IED and the birth of my child so do I need to inform them about the birth?

2) My wife activated/validated her PR after the birth of the child, will it become an issue?

3) If for any reason they refuse the child visa for my kid (on eligibility or health grounds), will they cancel our 189 visas as well?

Please help with your opinion on this issue.
 

littlejohn

Regular
Messages
397
Points
18
MSA
2019-07-09
Skill
233512
SC
RS 187DS
App.
2019-11-14
CO
2020-01-30
PCC
2019-11-25
HC
2020-02-13
Grant
2020-03-02
Hi All,

I and my wife received our 189 visa grants in Oct 2018, I was the primary applicant in the application and she was listed as a dependent spouse.
My IED was April 2019 and after we got our grants we came to know that my wife was pregnant. I travelled to Aus in March 2019 and got my PR successfully validated/activated but since my wife was pregnant she was unable to do so. We became parents in July 2019 and my wife then travelled to Aus and got her PR validated/activated in Aug 2019. We were planning to permanently migrate to Aus in early 2020 but that is when Pandemic hit the world and we had to postpone our plans.

I recently came to know that there is something called "change of circumstances" and I have following questions related to that:

1) According to DIBP, if the grant is "offshore" one has to inform DIBP about the child's birth until he is "immigration cleared". I (main applicant) cleared the immigration before my IED and the birth of my child so do I need to inform them about the birth?

2) My wife activated/validated her PR after the birth of the child, will it become an issue?

3) If for any reason they refuse the child visa for my kid (on eligibility or health grounds), will they cancel our 189 visas as well?

Please help with your opinion on this issue.
I cant actually answer your question but just on the highlighted part, its not that easy for them to cancel you PR.

You need to file for your child PR now, you cant include your child in your PR application which is already completed. You should have traveled with your wife before the birth. By this your child would be a citizen.
 
MSA
2019-07-09
Skill
233512
SC
RS 187DS
App.
2019-11-14
CO
2020-01-30
PCC
2019-11-25
HC
2020-02-13
Grant
2020-03-02

Rocky

Newbie
Messages
3
Points
1
Timeline missing
Thanks for taking the time out to respond to my query. Yes, you are right my wife should have travelled with me but since she was pregnant she was not able to. So, if a PR holder travels to Aus and activates/validates his PR, can his PR be cancelled just because secondary applicant in the same application did not comply with change of circumstances condition?
 

MysticRiver

Administrator
Staff member
Messages
15,769
Points
113
1) According to DIBP, if the grant is "offshore" one has to inform DIBP about the child's birth until he is "immigration cleared". I (main applicant) cleared the immigration before my IED and the birth of my child so do I need to inform them about the birth?
No

2) My wife activated/validated her PR after the birth of the child, will it become an issue?
Well, she was supposed to inform DHA of this change of circumstances, but I am with @littlejohn on this, I don't think it'll be a cause of PR termination.
 

MysticRiver

Administrator
Staff member
Messages
15,769
Points
113
So, if a PR holder travels to Aus and activates/validates his PR, can his PR be cancelled just because secondary applicant in the same application did not comply with change of circumstances condition?
No, they can't cancel your PR. And I don't think they'll consider that option for your wife as well, as I don't think this unintentional lapse should be considered a serious offence. This lapse might create some additional complexity/doubt/scrutiny when you apply for your children's visa though.
 

Rocky

Newbie
Messages
3
Points
1
Timeline missing
No, they can't cancel your PR. And I don't think they'll consider that option for your wife as well, as I don't think this unintentional lapse should be considered a serious offence. This lapse might create some additional complexity/doubt/scrutiny when you apply for your children's visa though.
Thanks a lot for responding to my questions. I'm thinking of informing DIBP about the child birth asap through 1022 form and I have following questions related to that:

1) If I just send the form 1022 to them explaining about the birth of the birth, what action or response I can expect? Will they ask me to get the medicals done for the child? Or will they just simply acknowledge it and nothing else will be required right now since medicals etc will be requested anyway when I'll file for his PR?

2) In your opinion, what is the best option for me? How should I handle this situation?
 

MysticRiver

Administrator
Staff member
Messages
15,769
Points
113
If I just send the form 1022 to them explaining about the birth of the birth, what action or response I can expect? Will they ask me to get the medicals done for the child? Or will they just simply acknowledge it and nothing else will be required right now since medicals etc will be requested anyway when I'll file for his PR?
I am not sure, but possibly they won't ask for medicals until you apply for child's PR.

Btw, 1022 is supposed to be used until your first entry, so they might not accept 1022 now that both of you have made your entries. But because it's a backdated update, I don't see any better option.

In your opinion, what is the best option for me? How should I handle this situation?
I think you should call DHA and seek their advise.
 
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