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Discussion Starter · #1 ·
Hello there,

First of all, people in this forum are really helpful! I tried to find a case like mine, however, even though I found some other people under similar circumstances, none was the same.

I'm getting married in October the 14th and my fiancee is currently pregnant (8weeks). She was married before and was sponsored by her ex husband (she's Chinese) and after reading the home affairs website, it wasn't very clear whether it's worth taking the risk and apply for my partner visa or not.After all, it's over 7.000aud.

Facts:
-She applied for her partner visa in June 2013 (granted in December 2015). She's legally divorced and has all the paperwork to prove it.
-I'm currently on a student visa (it has just been approved and it goes till 2020).
- She's pregnant and it's quite risky so it may require special care and extra expenses.

Considering the fact that she's pregnant, would that count as a compelling circumstance? Our idea was to apply for the partner visa so I can have full working rights to help supporting her and the child as she won't be paid for any time off work.

We are quite concerned over the lack of stability and high expenses that the student visa brings and how it can affect our baby and relationship in general due to possible financial hardship.

Is there any light at the end of the tunnel in our situation?Or will I have to continue with my student visa and eventually apply for my 485 visa (thinking about costs VS benefits).

Thank you in advance!
 

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You do realize that if you apply for a partner visa, even though the bridging visa comes with full work rights, it doesn't go into effect until the student visa ends? So you're bound by the conditions of the student visa until either the BVA goes into effect or the partner visa is granted (which for some takes well over two years).

Also keep in mind that partner visas are family stream, so children and/or pregnancy is pretty much the norm.
 

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Applying for a partner visa wont give you full work rights. Cancelling your student visa will cause you to end up on a bridging visa E with no travel rights and possibly no work rights.
 

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Discussion Starter · #5 ·
Thanks guys for all the answers. Yeah, unfortunately it’s not a very easy process. Her pregnancy is of some risk and will require her to stop working and go back home in order to give birth and receive special care.

Our main question at the moment is whether she can sponsor me or not (considering she applied for her partner visa about 6 years ago but had her PR granted about 2 years ago) and then ended up divorcing.

I understood from the home affairs website that it counts from the day she applied for her visa(?)

Thank you
 

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Thanks guys for all the answers. Yeah, unfortunately it's not a very easy process. Her pregnancy is of some risk and will require her to stop working and go back home in order to give birth and receive special care.

Our main question at the moment is whether she can sponsor me or not (considering she applied for her partner visa about 6 years ago but had her PR granted about 2 years ago) and then ended up divorcing.

I understood from the home affairs website that it counts from the day she applied for her visa(?)

Thank you
Yes, the 5 years starts from the day she applied for her visa and ends on the day Immigration makes a decision on yours. If she submitted her visa more than 5 years ago, then the limitation has expired.
 

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I woud read this very carefully and ask a registered migration agent: https://www.homeaffairs.gov.au/trav...er-and-prospective-marriage-visa-holders.aspx

It says there if the sponsor has been GRANTED a partner visa in the past five years you can't apply. However if you have been together for more than 2 years or you have dependent children together you can apply.

You will have to wait until the end of your student visa anyway to have full working rights.
 

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If you meet the requirements of a partner visa, I'd apply sooner rather than later. The sooner a partner visa is granted, the sooner it will replace your student visa and provide you with some stability.

If your student visa expires before the partner visa is granted, you will be on a BVA with full work rights.

While the official processing time for onshore partner visas is 20 to 25 months, I recently got one approved in only 9 months.
 

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Discussion Starter · #11 ·
Thanks for all your answers. It's interesting that the home affairs website is quite confusing sometimes, it states:

"A person who themselves were granted a partner or prospective marriage visa is also prevented from sponsoring a partner or prospective marriage visa applicant until at least five years have passed since they made their own visa application."

But on another page it says 5 years from when it was granted.

I saw that information on this page: https://www.homeaffairs.gov.au/about/corporate/information/fact-sheets/30partners#e

Thank you all
 

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Thanks for all your answers. It's interesting that the home affairs website is quite confusing sometimes, it states:

"A person who themselves were granted a partner or prospective marriage visa is also prevented from sponsoring a partner or prospective marriage visa applicant until at least five years have passed since they made their own visa application."

But on another page it says 5 years from when it was granted.

I saw that information on this page: https://www.homeaffairs.gov.au/about/corporate/information/fact-sheets/30partners#e

Thank you all
The Immi website is riddled with inaccuracies and ambiguous information and cannot be relied on. The more they "simplify" it, the more confusing it becomes.

However the link you provided shows the following in regards to sponsors who were sponsored themselves :" until at least five years have passed since they made their own visa application", which is correct.

Anyway, I have quoted the actual regulations below and that's what matters. As you can see the same time factor applies to both scenarios.

(b) if another person has been granted a relevant permission in the circumstances referred to in paragraph (a) - not less than 5 years has passed since the date of making the application for that relevant permission; and

(c) if the sponsor was granted a relevant permission as the spouse, de facto partner or prospective spouse of another person on the basis of a sponsorship or nomination - not less than 5 years has passed since the date of making the application for that relevant permission.
 

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Thanks guys for all the answers. Yeah, unfortunately it's not a very easy process. Her pregnancy is of some risk and will require her to stop working and go back home in order to give birth and receive special care.
This would raise concerns with immigration if you apply for a partner visa and then she is overseas.

They would wonder why she can't stay in Australia and why she is travelling overseas when it is a risky pregnancy - most doctors would not want a person with a risky pregnancy travelling overseas.

If she gives birth overseas that the baby will not be a citizen if she is Australian PR.
 
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