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Discussion Starter · #1 · (Edited)
Hi guys,

I was wondering if someone could potentially help me - I've search on various forums and can't find an answer.

I am on a 457 Visa and recently married my Australian partner - we planned to submit the partner visa application in December when we have been together for 3 years, as that makes things a little quicker.

However, we just found out that we are pregnant and she is due on the 16th April 2019. I was wondering if having a child who will be an Australian citizen would move me into a different visa category and also if it would help to speed up the application process as my 457 runs out in September 2019.

Thanks in advanced for any help.

Cheers
R
 

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You hope it will make things quicker. The long term relationship thing seems to be a CO decision thing so not everyone that feels they qualify always gets it. Make sure you supply evidence of your de facto relationship for the three years prior to applying as dating doesn't count. And all it does is waive the two year waiting period between applying and being stage 2 eligible. It doesn't speed up the processing of the temporary visa. You'd still wait in queue just as you normally would.

Nope. Partner visas are family visas. Doesn't matter if you're a couple with no kids, have kids from the relationship, kids from a different relationship, married, de facto, engaged, same sex, etc. Same visa subclasses for partner visas.

3. If, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa (subclass 801) visa may be granted immediately after the temporary Partner visa (subclass 820) visa. We consider you have been in a long term relationship, at the time you lodged your application, if you had been with your partner for either: three years or more OR two years or more and you and your partner have a dependent child of your relationship. You will need to provide documents that show you have been in your relationship for this length of time and if applicable, that you have a dependent child.

The child must be born to be considered a child of the relationship, so being pregnant wouldn't help meet the long term relationship criteria.

You don't need to worry about speeding up the application process because your visa is going to expire... that's why they grant a bridging visa for onshore applicants. The BVA would take over once the current visa ends if a decision still hasn't been made on the application.
 

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Discussion Starter · #3 ·
OK cool - thanks very much for coming back to me.

It may be better just to get the application in sooner rather than later to get the ball rolling and get my place in the queue then in that case. All we need is to know that I won't get kicked out once my 457 runs out and leaves us high and dry.

We started dating in Dec 15 and then I moved in around April 16, so we have plenty of evidence from around April 16 - so don't want to wait. Although having said that, the baby will be here then, so that will defo put us in the long term relationship category.

Thanks for the help
 

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Yep could be a disaster if they change the sponsorship process before you get to apply.

Also a application for a Partner Visa will allow you to obtain Medicare.
 
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