Complex case, expecting 1st child in Oz....
 

Hi everyone. I travelled to Brisbane from Sunny Yorkshire on the 12th October 2009 on a Working Holiday Visa. I met my girlfriend whilst out one night less than a month later. We immediatley started dating, fell in love (as you do) and moved in together just before xmas 09.

My visa expires on the 12th October 2010, however now my girlfriend is 10 weeks pregnant with our first child :)
I plan to return with her and the baby to the UK soon after she gives birth as i have a business there and financial security that i do not have in Australia.

I have looked at everyway possible (or so i think) on the immi website regarding my visa status.

We ideally wanted to get the prospective marriage visa, however the rules state that i must be outside of Australia when i apply.

Next their is the 801 - 820 partner visa route, but the only thing is they want $2500 to apply for it.
I'm not made of money over here, however i do have the cash to pay for it if needs be, but would much rather spend
$2500 on the little one than throw it down the drain (or contribute to the governments tea and biscuit fund) !

Has anyone any ideas how we can get round this?

Ideally we would like to get married in November 2010 (this year) but my visa only runs until October.

:ohmy:

Re: Complex case, expecting 1st child in Oz....
 

Hi,
Best bet is for your partner to accompany you to UK and then apply for a spousal visa.

Re: Complex case, expecting 1st child in Oz....
 

But same for UK

He can return but she will need visa to enter UK spousal visa. This is offshore visa and can take a few months.
My Nephew had to do this to bring his Turkish wife here recently

Re: Complex case, expecting 1st child in Oz....
 

Onshore Spouse visa would b out unless you get married and then apply - a de facto visa is not an option as you haven't lived togetehr for 12 months.
One option would be to go back to the UK and apply for the Pros Marriage Visa then come back to Aus once its granted, but it would mean being apart for a while.

Re: Complex case, expecting 1st child in Oz....
 

Thanks for replies peeps.
We definitely have to stay here until the child is born, it's unfair for her to be away from family or flying whilst heavily pregnant.

I don't think that the 12 month de-facto rule is a problem in these circumstances so i am told.

Perfect situation is they either give me some kind of bridging visa so we can stay until march 2011 (a few months after the babies born) in which then we would all return to England and i could apply for my Aussie visa there.

Or they somehow allow us a Prospective marriage visa whilst onshore (this i doubt) but it's worth asking.

My point is this... We are only staying in Oz until march so (5 months on top of my current visa) To which then we will reside in the UK for at least 3 years to get sorted, so i don't really wan't to part with $2500 when it would be much better spent on the child.

HMMMM It's a tough one ~ :thumbdown:

Unless i claim asylum :thumbsup:

Re: Complex case, expecting 1st child in Oz....
 

Who told you? :confused:

I think it would be a rather large problem.

Have you thought about a second WHV? You would have to do some regional work for three months though, which would probably mean being apart.

No it isn't worth asking if you can apply for an onshore PMV. It is an offshore visa.

You would need to look into the UK visa for your girlfriend too before heading over after the baby is born.

Re: Complex case, expecting 1st child in Oz....
 

I spoke with an immigration agent who said that in these circumstances they can overlook it.

At the end of the day, i don't want to stay here in Australia and all i need is a little more time, otherwise i'm afraid they will be sending a father back home away from his unborn child and girlfriend- If they do that then this world is sicker than i thought ! The boat people don't have these problems!

Yeah good point about the 2nd year visa, however everytime i check the harvest trail website, theirs very little available :huh:

Found a way round hers for England we think-

When the child is born, apply for her / him a UK passport and then my partner can apply for a visa to reside with her child in the UK.

Even if we get married, it's still complicated. I'm afraid it's all about money! I reckon we will be $5000 out of pocket just on visas and passports by next year.

Re: Complex case, expecting 1st child in Oz....
 

Highly unlikely that they would waive the 12 months de facto rule - JAJ advised someone else on here yesterday that it IS a problem if you don't have the 12 months.
And a PMV can only be done offshore I'm afraid, there is no onshore option for it.

The suggestion of going for a second WHV is a good one, and probably your best - and cheapest - option. In the meantime do some research into what visa your fiancee will need to move to the UK - the Moving Back to the UK forum is a good place to ask about that :)

Re: Complex case, expecting 1st child in Oz....
 

Thanks. We will let you know how it all goes.:thumbup:

Re: Complex case, expecting 1st child in Oz....
 

Where did you find that one? I could only find one for elderly parents of a settled child.

http://www.ukba.homeoffice.gov.uk/partnersandfamilies/

Looks like it will have to be a partner visa for her - I think you can apply for this from UK though but will need plenty evidence. They are temp to start with then if still together after 2 years she will get indefinite leave to remain (PR) then in time can apply for dual citizenship.

Baby will have OZ citizenship by birth and UK by descent so will need 2 passports. You are right this will soon add up!

Re: Complex case, expecting 1st child in Oz....
 

Hi Dale

I would discuss this with the local DIAC office. An 820/801 would be a good option and the 12 month period can be waived in exceptional circumstances and your partner/sponsor being pregnant would not, in itself, be enough but it is open to the decision-maker to find it such with other factors, like a booked wedding for November, the timing of the birth etc

A change in the last couple of weeks now allows you to be outside of Australia at time of grant of the permanent 801 visa, so if they can process your 820 before you all leave in March, the A$2,525 wont be wasted money

DIAC may just advise you to apply for a visitor visa for 4 or 5 months.

Regards


Tony