xmrshamillx

You will have to read this carefully, but i will try to make it as clear as possible! i thank everyone in advance for looking at this thread, and helping me out.

Right, first of all am mike, my girlfriend sarah's family moved over to australia 5 months ago on permanent australian visa, sarah has until february to go to stay in australia for 2 years to permanently validate her visa. The thing is, she is pregnant (29 weeks this thurs) and we would need to fly the latest end of july.

This is where it gets confusing.......

I am currently unemployed and found it hard to find work in the uk ( am 20 years old ) i have a driving conviction ( drink driving was 9 mg over ) and also have a caution for theft ( was only about 12 years old ) ..... hope your still with me....

We need to get to australia before sarah hits 35 weeks, otherwise no airline will fly her over, the problem is, i dont know what type of visa i could apply for, the de facto visa requires proof we have been together for 12 months or more, and the visitor visa only lasts 3 months, now if we got that, i would have to come back to the uk, and lose my baby and girlfriend.

We dont have a life in the uk, and staying here would be hopeless, sarahs parents came up with the idea of moving to aus, and its perfect, a brand new start in life.

If anybody has any thoughts to share with me, please do, as any opinion would be greatly appreciated!

Thank you for taking the time out to read this,
Mike & Sarah

alipally

You could get a Working holiday visa, I'm not sure about your conviction though... It gives you 2 years there to get through the process of de facto....

You will have to do 3 months of seasonal work though, but I'm sure that's the least of your problems... it gets you out there fast... you do need some money behind you though, so I hope that you have some savings or some very understanding friends and family willing to help you stump up the necessary!!

I'm no expert, but it looks like the most straight forward thing to me...I'm under the impression juvenile convictions aren't really counted, but I could be wrong.

Australia_bound?

Get a WHV and take it from there, driving convictions not an issue and nor is other one. Just need to have £2k in the bank so you can support yourself and visa is very very quickly sorted out.
Once in Aus, then speak to an agent, should be fairly straight forward once bub is born

Sally Simpson

Can't help with advice but just wanted to wish you both luck.
Karma sent for a good solution

xmrshamillx

Thank you for the good luck sally, and thank you for your replies.

I did get some idea from a family friend, they think i should go over on a 3 month visitor visa, then apply for a 1: working holiday visa or 2: de facto visa.

now i think the de facto visa would be out of the question ? as i would have difficulty obtaining proof we have been together for 12 months ( even though the baby proves i have been with sarah for atleast 9 ! )

with the 3 month holiday visa, the baby would be born in time for me to renew my visa, would that increase my chances of getting any of these visas? (de facto or WHV ) as the baby will be dependant on me, and will also be an australian citzen.

Am just so scared of going over there, and having to come back without my family, thank you again for any replies, they are really helping.

Mike & Sarah

Sally Simpson

Mike, have you tried speaking to some agents for advice?
Initial consultations are usually free but it may also be worth the investment for some sound advice. I appreciate that funds are probably tight with a baby on the way but is certainly worth a consideration.

WS

You can only apply for a WHV if you are offshore (not in Australia).

Also, don't forget that when the baby is born you will then have a 'dependent' and will not be eligible for a WHV:
http://www.immi.gov.au/visitors/work...lity-first.htm

xmrshamillx

I really cant afford to speak to an agent for advice thats a major problem.

WS, thank you for showing me that, now i know that a WHV wont work when the baby is born, so going over there for a 3 month holiday visa is pointless, if i cant get some sort of 12 month visa. What if i applied for a WHV now, then go over, then the baby is born, would that affect me in anyway? what i mean is, we will be moving in with sarah's family, so the baby wont be completely dependant on me, or would it? O MY GOD AM SO CONFUSED!

Any idea what kind of proof they would need for a de facto visa??

Because the only options i think i have, are:

1: go over on a holiday visa, then extend it for a further 3 months ( if thats possible ) then apply for a de facto visa, as the baby would be proof we have been together for 9 months, then the extra 3 months from the extended visa ( if that would work )

2: Apply for a WHV now, and hope that i would be able to get it, aswell as letting me stay in the country after the baby is born


By the looks of things, doesnt look like i stand a chance of starting a new life

Thanks again for your replies
Mike & Sarah

WS

I don't think option 2 would work as on the DIAC website it says:
"not have dependent children (either at the time of applying or when you hold the visa)"

What about a holiday visa and whilst you are there look for an employer to sponsor you? Then after 12 months, maybe a defacto visa?

Another problem is a holiday visa is meant for just holidays, and apparently DIAC don't like it if you get one and you intend to stay (like having a baby?!).

I don't know - just some ideas. Could you contact an agent for an initial free chat to see what they suggest?

Edinburgh Family

This might be a silly suggestion, for all sorts of reasons, but would marrying your GF help?

Australia_bound?

Sounds more like she's classed as a dependent to her parents. If she's married then wouldn't be? So if visa isn't validated then would that mean it becomes invalid?
Original poster needs to speak to an agent Alan Collet will give some free initial advice, so wouldn't hurt to find out the facts.
Sounds very complicated as can't go for WHV & will get very expensive if going on tourist visa. At worst I'd say might have to go defacto, if they have evidence of a relationship and baby then should all be ok, but would mean having to spend some time apart!

xmrshamillx

spending time apart? how come? but yeh it is confusing, its upsetting to be honest, we've been looking forward to this for months now, we both want a new start, but doesnt look like we are gonna get it, thank you for trying

Centurion

Marriage would sort this out pretty much.

A prospective spouse visa gives you 9 months to marry and means you can enter Australia without being actually married.

http://www.immi.gov.au/migrants/part.../300/index.htm

Ah the joys of fatherhood and responsibilities lol.

JAJ

So are you planning to give up and stay in the U.K. then?

She needs to validate her visa. Then she can worry about getting you to Australia.

Are you contemplating marriage? That might be the easiest pathway in visa terms however she must not get engaged, married or start a de-facto relationship before her visa is validated.

robos

thanks her visa is validated she validated it 2 years ago