Go Back  British Expats > Living & Moving Abroad > Australia > Immigration, Visas & Citizenship (Australia)
Reload this Page >

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

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

Old Apr 12th 2010, 10:53 am
  #1  
Just Joined
Thread Starter
 
Joined: Feb 2010
Posts: 9
Dale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really nice
Default 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.

Dale_the_sparky is offline  
Old Apr 12th 2010, 11:00 am
  #2  
Forum Regular
 
Joined: Jun 2004
Posts: 34
jsm66 is an unknown quantity at this point
Default 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.
jsm66 is offline  
Old Apr 12th 2010, 11:13 am
  #3  
BE Forum Addict
 
rammygirl's Avatar
 
Joined: Sep 2005
Posts: 1,142
rammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond repute
Default 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
rammygirl is offline  
Old Apr 12th 2010, 11:45 am
  #4  
HMP Queensland
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,397
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: Complex case, expecting 1st child in Oz....

Originally Posted by Dale_the_sparky View Post
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.

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.
Pollyana is offline  
Old Apr 12th 2010, 12:23 pm
  #5  
Just Joined
Thread Starter
 
Joined: Feb 2010
Posts: 9
Dale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really nice
Default 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 ~

Unless i claim asylum
Dale_the_sparky is offline  
Old Apr 12th 2010, 12:42 pm
  #6  
Lost in BE Cyberspace
 
Bermudashorts's Avatar
 
Joined: Feb 2009
Location: UK
Posts: 14,284
Bermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond repute
Default Re: Complex case, expecting 1st child in Oz....

Originally Posted by Dale_the_sparky View Post

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


Who told you?

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.

Last edited by Bermudashorts; Apr 12th 2010 at 12:54 pm. Reason: spelling and rewording
Bermudashorts is offline  
Old Apr 12th 2010, 12:58 pm
  #7  
Just Joined
Thread Starter
 
Joined: Feb 2010
Posts: 9
Dale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really nice
Default Re: Complex case, expecting 1st child in Oz....

Originally Posted by Bermudashorts View Post
Who told you?

I would think it rather a 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 girlfirend too before heading over after the baby is born.
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

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.
Dale_the_sparky is offline  
Old Apr 12th 2010, 1:01 pm
  #8  
HMP Queensland
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,397
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: Complex case, expecting 1st child in Oz....

Originally Posted by Dale_the_sparky View Post
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 ~

Unless i claim asylum
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
Pollyana is offline  
Old Apr 12th 2010, 1:11 pm
  #9  
Just Joined
Thread Starter
 
Joined: Feb 2010
Posts: 9
Dale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really niceDale_the_sparky is just really nice
Default Re: Complex case, expecting 1st child in Oz....

Thanks. We will let you know how it all goes.
Dale_the_sparky is offline  
Old Apr 12th 2010, 3:29 pm
  #10  
BE Forum Addict
 
rammygirl's Avatar
 
Joined: Sep 2005
Posts: 1,142
rammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond reputerammygirl has a reputation beyond repute
Default Re: Complex case, expecting 1st child in Oz....

Originally Posted by Dale_the_sparky View Post

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.
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!
rammygirl is offline  
Old Apr 12th 2010, 4:00 pm
  #11  
BE Forum Addict
 
Joined: Nov 2003
Location: Cork, Ireland
Posts: 2,887
welshtony has a reputation beyond reputewelshtony has a reputation beyond reputewelshtony has a reputation beyond reputewelshtony has a reputation beyond reputewelshtony has a reputation beyond reputewelshtony has a reputation beyond reputewelshtony has a reputation beyond reputewelshtony has a reputation beyond reputewelshtony has a reputation beyond reputewelshtony has a reputation beyond reputewelshtony has a reputation beyond repute
Default 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
welshtony is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2022 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.