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Discussion Starter · #1 ·
Gday all

I have some quick questions and will try and keep it short

Partner arrived on tourist/ eVisitor visa mid-September changed to WHV mid-October.

Found out recently of our pregnancy (super happy) due around mid-July next year.

We would like to apply eventually for a partner visa. However we are in WA and cannot register our relationship to waive the 12 month requirement.

We had been online dating before we met, and she is from DK. She has had enough medical tests done to qualify for perminant residence if needed, as she mentioned she would eventually continue study in the medical field.

Currently she has employment and we can save to cover the visa cost.

I would like to know which visa to apply for. I would assume partner visa.

However! When our child is born, it will still be 2 months before we can show 12 months of co-habitation for defacto.

I realise a dependant child would invalidate the terms of the WHV.

Advice is greatly appreciated now, and we are looking to speak with a RMA soon.

I am an Australian citizen and also a homeowner, so I anticipate little to no problems when it comes to sponsoring her for the PV.

Thankyou in advance!!
 

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Discussion Starter · #2 ·
Also, we were planning to be married in December, before we found out about the pregnancy.

Does this in any way help the partner visa? We do not want to seem as though we are marrying to help the visa process.

I am under the impression that PMV applicants have to be offshore while it?s processed etc, and with a child on the way this is not an option, hence why I am thinking to apply for partner visa to bridge when WHV expires (I?m assuming either in October 2018 or when they cancel it after the birth in July 2018)
 

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Being married for partner visa purposes has the same effect as registering the relationship - it waives the 12 month requirement, but you still have to present evidence of a genuine relationship and that you have combined your lives together. If you wait to apply for the partner visa when you have at least six months of evidence + marriage cert, I would imagine that would be sufficient.

Bear in mind that if she is on a WHV and you apply for a partner visa and the WHV gets cancelled because of a baby in the picture (I'm not sure it would or wouldn't - best to consult with RMA about this) then the BVA associated with the application is also cancelled and she would have to apply for a BVE while awaiting the partner visa decision.
 

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Discussion Starter · #5 ·
Edit: double posted, blame my slow internet connection
Cheers for the reply - and ditto - my internet here is terrible sometimes haha

Thankyou for the advice. I think we should then go for the partner visa in mid-April (after 6 months documented co-habitation) to be safe.

I?m a little concerned about the implications of the WHV cancelling, but am wondering if due to the marriage and expected child, as well as months? regional work by that time, that they may apply the BV from cancellation date of the WHV?

I?m not 100% sure so I will check also with an RMA. Right now we are both stressed, but so so over the moon over our news!
 

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As per DIBP policies, DIBP may consider cancellation if the WHV holder give birth to a child in Australia. However, it should be based on the best interest of child and parent(s). The visa holder will be provided with options to apply for a different visa. Cancellation should not be considered during the processing of an appropriate visa application by WHV holder.

So, in nutshell, get married and apply for partner visa before the birth of the child and you should be alright.
 
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