Their children are Australian citizens but not them. Families call for changes to visa laws

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The Sydney-based Bajwa family say they hope to resolve their visa issues. Credit: Supplied by Mr Bajwa

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A petition has been lodged with the Australian Parliament to support families who have been on temporary visas for over a decade. This petition with nearly 11,000 signatures seeks a review of the visa conditions of the parents of children who are Australian citizens.


Key Points
  • A petition lodged with the Australian Parliament seeks a review of the visa conditions of the parents of children who are Australian citizens.
  • This petition applies to a cohort of non-citizens who have been living in Australia on bridging visas for over a decade.
  • Many of them seek permanent visas while others hope to have work and travel rights.
  • The Department of Home Affairs has confirmed to SBS Punjabi that the government will respond to this petition that has now gathered nearly 11,000 signatures.
Many children who are born and raised in Australia have the opportunity to become Australian citizens on their 10th birthdays. But their non-citizen parents may not be that lucky with many struggling to live and work due to their visa limitations.

Now a petition has been lodged with the Australian parliament to support their cause, which has so far gathered nearly 11,000 signatures.

has spoken to at least four families who have signed this petition demanding more favourable visa options from the government after their children became Australian citizens.
The petitioners claim that their lives are ‘in limbo’ with many having no travel and work rights.

Sydney-based HS Bajwa is on a bridging visa ever since he says he encountered issues with his previous visa in 2017.

The family is still in process of trying to reinstate their visa but in the meantime, their daughter has acquired Australian citizenship as she was born and raised here for at least 10 years.
Australian citizenship certificate
Australian citizenship certificate. Source: Supplied
Mr Bajwa, who has spent over 15 years of his life in Australia, says he is now extremely worried about his family’s future.

“There is no going back for me as I’ve spent so many years of my youth to build a better life. I’ve done nothing wrong in my migration journey. I was only the victim of some unfortunate circumstances,” he told SBS Punjabi.
It’s not just us but there are thousands of people who are struggling due to this issue. I feel that the Department [Home Affairs] should at least prioritise people who have no criminal backgrounds or character issues.
HS Bajwa (Sydney)
Mr Bajwa says he believes that better visa options would facilitate them and their Australian citizen children to live a “better life”.

Melbourne-based Dimple Kaur has also signed the petition in the hope that Department would provide more certainty to those who have “compelling and compassionate” circumstances.
Dimple.jpg
Representative image/ Mrs Kaur couldn’t attend her mother’s funeral due to the travel limitations on her bridging visa. Credit: Supplied
Her situation echoes that of the others. She has a 10-year-old daughter who recently attained an Australian passport. Meanwhile, her husband and her are on a temporary visa that doesn’t allow them to work or travel.

“Our life is completely upside down. We are going through depression and mental health issues. But there is no solution so far. We have almost lost hope to get our visa status regularised given the legal impediments,” she said.
It hurts … I couldn’t even attend my mother’s funeral back in India. If I leave this country, that will be the end of my dream of having a stable and prosperous life for my children in Australia.
Dimple Kaur (Melbourne)
“Our only hope is ministerial intervention but our lawyer suggests that we only have a one in 1000 chance to succeed. Let’s see if the Minister of Immigration looks favourably at this petition.”

Another Melbourne-based family also shared their concerns saying they have been “working, making friendships and spending time within the community” for the last 15 years.

“Our children are Australian citizens now. They are doing well in their studies. But our fate still hangs in the)balance. We are on bridging visas and our case is still pending in the Federal Court,” says Mr Singh.

“We have high hopes from this petition as we sincerely urge the Minister for Immigration and Minister for Home Affairs to address our case.”
Federal Home Affairs Minister Clare O'Neil (AAP).jpg
Federal Home Affairs Minister Clare O'Neil.
The petition was initiated by Melbourne’s Divnoor Singh Bajwa with inputs from his father, Jujhar Singh Bajwa, who is also a registered migration agent.

Mr Bajwa claims that he is in touch with over 50 families who are seeking a positive outcome facing similar visa conditions.

“I understand that there won’t be any quick solutions as the migration law pertaining to these cases is very complex. But at the same time, I feel that we must listen to the concerns of these families,” he said.
The main motive behind this petition is to request the parliament to provide a pathway allowing these parents to stay permanently in Australia.
Jujhar Singh Bajwa (Melbourne)
“A substantive visa or permanent visa pathway provides stability to these families, enabling them to raise their children with peace of mind.

“These children are the future of Australia, and we must empower them to achieve their goals to support a robust economy.”
385807522_10160574716080100_5457636184962780871_n.jpg
Image used for illustration purposes only. Credit: Pixabay
Mr Bajwa pointed to the UK government which had formulated an immigration policy for the parents of such children to be granted better visa options.

But according to Abul Rizvi, a former deputy secretary of the immigration department, the prospects of obtaining any solutions for such applicants is “too difficult to achieve”.

"Australian governments have avoided using immigration amnesties since the 1980s. The politics of those is very difficult. These also create perverse incentives that governments prefer to avoid,” Mr Rizvi said.

“As people on bridging visas cover a very wide range of circumstances, it is best to target specific sub-groups for which a stronger case can be made.”
When asked about the petition, the Department of Home Affairs told SBS Punjabi that the process would take its “due course”.

“The Department welcomes feedback on the settings and operation of Australia’s migration system. The Government will respond to the petition EN5447 in due course,” said the spokesperson in a written statement.

“The Department’s Status Resolution Service provides assistance to non-citizens looking to resolve their immigration status.”

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Their children are Australian citizens but not them. Families call for changes to visa laws

SBS Punjabi

12/10/202320:22

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