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Which visa should we apply?

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Hello I'm new here,

So here is my situation, I have been living together with my partner for a year in the Philippines and then I got pregnant and went back to Australia (my home). I gave birth here in Australia and we have been in a long distance relationship for a year because his visitor visa got declined the first try. Now he is here on tourist visa and I'm not sure which visa to apply, I am rooting in De facto visa but then we dont have any proof that we lived together for a year just photos with locations and Facebook posts, because we were financially supported by our parents.

Our son is an Australian citizen, does that wave the 12 month proof requirement?
We are planning to submit the visa on October 2018 because his three month period in Australia will finish on 1st of November. ( We wanted to apply onshore) and we are planning on getting married on April 2019.

Our initial plan is to go for Defacto to get bridging visa and then submit marriage certificate later on April 2019 but now I'm confused should apply for de facto visa or fiance visa?

Thank you.
 

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You cannot lodge a prospective marriage (fiancé) visa onshore.

From what you have posted, depending on what information you have already given immigration, and how well you prepare your application, you should be OK with a subclass 820 (onshore partner) application.

May I suggest that you consult a registered migration agent for advice about strategy?
 

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You cannot lodge a prospective marriage (fiancé) visa onshore.

From what you have posted, depending on what information you have already given immigration, and how well you prepare your application, you should be OK with a subclass 820 (onshore partner) application.

May I suggest that you consult a registered migration agent for advice about strategy?
Hello we already did and they advised de facto but we didnt continue with them because we decided to do it on our own instead.
 

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Hello we already did and they advised de facto but we didnt continue with them because we decided to do it on our own instead.
So you got professional advice, decided to ignore the advice and now you are confused about what to do next ?

If you insist on doing it yourself, start by doing someone in-depth research, so you properly understand the difference between the different visas and what documentation is required.

Just randomly asking for some support on a public forum without doing your homework is an (expensive) recipe for disaster.

Other than registered migration agents, people on this forum can share their own experiences, but cannot provide migration advice.

What may have worked for someone else, may not necessarily work for you, so be careful about free "advice".
 

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Hello we already did and they advised de facto but we didnt continue with them because we decided to do it on our own instead.
So you got professional advice, decided to ignore the advice and now you are confused about what to do next ?

If you insist on doing it yourself, start by doing someone in-depth research, so you properly understand the difference between the different visas and what documentation is required.

Just randomly asking for some support on a public forum without doing your homework is an (expensive) recipe for disaster.

Other than registered migration agents, people on this forum can share their own experiences, but cannot provide migration advice.

What may have worked for someone else, may not necessarily work for you, so be careful about free "advice".
Hello,

I did not ignore the advice. i decided not to pay extra $3,000. I did research, a lot. i may need to rephrase my question 🙂 , I know the difference but then I just want to know if any one had similar situations and what worked for them?

it may not work for me but I'm just curious what other people who had the same situation did. Don't worry I'm not naive enough to actually follow free advice. Just need more info about others experience 🙂
 

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[QUOTE=hannahmarieMM;

I have been living together with my partner for a year in the Philippines

** Do you have evidence of this?

and then I got pregnant and went back to Australia (my home).

I gave birth here in Australia

** Is the father on the birth certificate?

and we have been in a long distance relationship for a year because his visitor visa got declined the first try.

** You would need to explain this living apart in your application (easy could not get visa)

Now he is here on tourist visa

** What did he put as relationship staus on his visa application?

and I'm not sure which visa to apply,

** That all depends on your evidence.

I am rooting in De facto visa

** No comment!

but then we dont have any proof that we lived together for a year just photos with locations and Facebook posts, because we were financially supported by our parents.

** So as my first response - evidence of a De facto is an issue.

Our son is an Australian citizen, does that wave the 12 month proof requirement?

** No

We are planning to submit the visa on October 2018 because his three month period in Australia will finish on 1st of November.

** Does the current Visitor Visa have a "No Further Stay Condition"?

( We wanted to apply onshore) and we are planning on getting married on April 2019.

** Good to have plans - but be flexible with them when it comes to Partner Visas for Australia.

Our initial plan is to go for Defacto to get bridging visa and then submit marriage certificate later on April 2019 but now I'm confused should apply for de facto visa or fiance visa?

** It is an evidence based decision.
 

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hannahmarieMM; I have been living together with my partner for a year in the Philippines ** Do you have evidence of this? and then I got pregnant and went back to Australia (my home). I gave birth here in Australia ** Is the father on the birth certificate? and we have been in a long distance relationship for a year because his visitor visa got declined the first try. ** You would need to explain this living apart in your application (easy could not get visa) Now he is here on tourist visa ** What did he put as relationship staus on his visa application? and I'm not sure which visa to apply said:
We just have photos and facebook posts of when we are living together and a statement from the person living next door(it's a dormitory)because the landlord sold the building now and we have no contact of her anymore, she's not even on Favebook.yes, he is in the birth certificate and we did include our relationship in the tourist visa application and it does not have a no further stay condition.
 

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Hello,

I did not ignore the advice. i decided not to pay extra $3,000. I did research, a lot. i may need to rephrase my question 🙂 , I know the difference but then I just want to know if any one had similar situations and what worked for them?

it may not work for me but I'm just curious what other people who had the same situation did. Don't worry I'm not naive enough to actually follow free advice. Just need more info about others experience 🙂
The only thing that matters is if your partner will meet the requirements for whatever visa you decide to apply for.

If you have sufficient relationship evidence, applying onshore would make the most sense, especially if there is an Australian citizen child involved.

Again, it is nearly impossible to compare different cases and base your decisions on that. Either you meet the requirements or you don't, regardless of what someone else may have done.
 

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Let me add that we have been together for Four years already and our son is now 2 years old.
I can make a statement such as I have lived in Botswana with my partner for 7 years and have a child together in fact two children.

That does not confirm we are still in a relationship or we broke up a few times during that 7 years or much at all - only at some time we have been together and did not use birth control on at least two occasions.

Is my story real or are the God's Crazy?

Let the Case Officer spin the coke bottle on that.
 
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