rociogaborit

I'm French-Guatemalan, mum of a 3 years old son and 9 weeks pregnant.
My partner is an australian resident. He hasn't been there for long time.
I have a few questions concerning our trip to Australia:

1. What type of visa allows me to get faster there? Spousal, married?

2. Shall I declared that I'm pregnant or not?

3. Our 1 year relationship will be on Dec. We'd like to go to AUS before that...can I stay longer than 3 months because we are applying for the visa and waiting the results?

4. The father of my son doesn't approuve our trip. Do I need documents from him to apply to the visa? He lives in Thailand and only sees our son 3 months a year (on the week-ends).

It's my 1st time in a forum. If someone could give me some info. Thank you for your help!!!
RG

kellz

are you looking at moving there permanently?

How long has your partner been absent from Australia?

You should always declare pregnancies. You may not get a visa if you can't have an x ray.

If the father of your son won't approve the trip, you probably won't be able to take your son to Australia.

Spouse visas are taking a long time to process. Don't count on being there by December.

Sorry for being so negative. Can you provide more details and someone may be able to give you better/more detailed advice.

Good luck.

Pollyana

Hi, and welcome to the forum,
You need to read the DIAC booklet on Partner Visas
http://www.immi.gov.au/allforms/booklets/books1.htm

To get a de facto visa, without being married, you need proof of 12 months living together.
You MUST declare that you are pregnant - and it will be obvious at the medical anyway I assume!
You will need permission from your son's father as he seems to share parental responsibility.
Processing times vary greatly depending on where you are living - which High Commission etc you apply through - and on how complex your application is.
If your partner is an "Australian Resident" not a citizen, does he have the right visa to enable him to return to Australia anyway?

qadeer591

First of all your partner need to have valid entry permit to Oz, depending upon which u can apply for dependent visa. His entry would depend upon the duration which he has spent outside Oz. Nevertheless, even if his PR has expired, he can apply for RRV (Resident Return Visa).

rociogaborit

Thanks for your fast reply.

A little more info relating to our application / situation.

1. We would like to go permanently.
2. Have already completed the medicals for spousal visa in April 2010.
3. My partner has relevant and VALID RRV visa - its PR.
4. I consider myself a French national with French passport.

My question is in the eyes of DIAC.........

If we get married do we still need to prove 12 months together? and would it be more convenient to be married in Aus or Europe?

Thanks RG

Pollyana

If you are married then you do not have to prove the 12 months co-habitation

itigo

But I still had to give the details (in great depth) as to when we first met, first got serious, first lived with each other etc.......

We had been married 8 years and together 14 years with 2 kids when I applied.

Pollyana

Yep, you still have to do all the relationship stuff, details of a shared life etc, its only the " 12 month co-hab" clause that isn't enforced.

JAJ

Interestingly similar to the partner of this member:
http://britishexpats.com/forum/showthread.php?t=649323

Pollyana

Well remembered - so I'd already given them the Spouse Visa link

louie

Your biggest problem is going to be your child's father's objection to the child moving with you - assuming that if he lives in Thailand he has any say in the matter (not something I know anything about). I'd work out how to resolve that before worrying about anything else.

rociogaborit

I have a 3 years old son.
His father and I are not married and separated since last year.
We never signed a sharing parental rights in Court. He lives in Thailand and I live in UK.
His not paying a pension.
This 3 facts above allows me to travel anywhere around the world without his approuval and have full costudy of the child (English law).
If I want to get granted the spousal visa with my new English partner (aussi resident) to live permantly in AUS I should not be asked for any document concerning his biological dad in the eyes of DIAC. Is this right?
Thank you for any info about this!!!
RG

Pollyana

Is the father named on the birth certificate? Does he contribute financially to the child?

rociogaborit

Thank you Polyana for your reply.

The father of my son appears in the birth certificate. He doesn't provide any financial support.

Waiting to hear from you soon,
RG

Pollyana

I can't tell you the answer, but I know there are people on here who can help more. From what I have read though, if he is named on the birth certificate he is usually considered to have some parental responsibility.
However now you've supplied that info hopefully someone "ïn the know"will be along soon