[krispychicken]

Hi all!

My partner (Australian citizen) and I met in Jan 2017 while I was on student visa. We knew each other Oct 2016 and only started being serious on Jan 2017. On April 2017 I got pregnant. On 31st May 2017, my visa expired. I had overstayed my visa until DIPB granted me a bridging visa E on July 2017 till my departure in August 2017. So naturally, I received a 3-year ban on my passport.

During the span of our relationship, I had my name in an apartment lease with my housemate while I was staying between that apartment and my partner's place. And since it was his parents' house, none of our names are in a house lease together.

We don't have a joint bank account but have access to his internet banking and has been using both his account and my account for antenatal expenses.

We don't really have much mutual friends and less than 10 photos of us together. But I have a very good relationship with his family.

I do keep logs of phone calls, video calls and text messages of ours since January 2017.

I am now 7 months pregnant and it has been quite stressful mainly because it's my first pregnancy, being far from my partner and with no support from my own family members.

So our plan was to get married here in Singapore after baby's delivery (February 2018). And apply a citizenship by descent for bub and a 309 for myself. But I'm afraid that because we don't have much evidence (other than a child together) to prove the legitimacy of our relationship, my application would be rejected. Because I have read about some unfortunate cases where application was refused regardless of a dependent child.

Or would it be better to apply for a subclass 300 first and then get married once 300 is approved?

Thank you in advance!

 

[CCMS]

Sc. 300 may be the better and faster option. Partner visas are not subject to the 3 year exclusion period for overstaying. With your migration history , I think it would be better if you got a registered migration agent to build a good case for you.

 

[Mania]

Citizenship by decent for the child.

PMV and married in Aus for you.

That would be my suggestion based on what you've said above, the lack of any decent evidence screams alarm bells for a partner visa straight up.

Consulting a MARA agent for the best plan based on individual circumstances would be even better.


Didn't see the post above until after posting ^^that one is a much more informed opinion then mine!

 

[krispychicken]

Thanks Nick!

I understand that with the sc 309, the 3 year ban does not apply but it doesn't apply for sc 300 as well?

 

[Skybluebrewer]

Both are partner visas so no. A PMV (prospective marriage visa) is the 300.

 

[krispychicken]

Thanks Mania!

I consulted a MARA agent in Perth before flying back and he said I should apply for a 309 straightaway to save cost. While I understand that with a sc 309 I'd just have to pay a one time fee of 7000AUD and with a sc 300 I'll have to pay 7000AUD AND a subsidised fee for 309, I didn't want to be saving cost for a greater chance for my application to be rejected.

 

[Mania]

Thanks Mania!

I consulted a MARA agent in Perth before flying back and he said I should apply for a 309 straightaway to save cost. While I understand that with a sc 309 I'd just have to pay a one time fee of 7000AUD and with a sc 300 I'll have to pay 7000AUD AND a subsidised fee for 309, I didn't want to be saving cost for a greater chance for my application to be rejected.

I think I've missed something here, the agent told you to apply for a 309 straightaway? Based on what you've said I wouldn't have thought you eligible for a 309 until at least Jan 2018?

 

[Skybluebrewer]

Thanks Mania!

I consulted a MARA agent in Perth before flying back and he said I should apply for a 309 straightaway to save cost. While I understand that with a sc 309 I'd just have to pay a one time fee of 7000AUD and with a sc 300 I'll have to pay 7000AUD AND a subsidised fee for 309, I didn't want to be saving cost for a greater chance for my application to be rejected.

$7000 for a 309/100 app.

$7000 for a 300 and then $1170 for an 820/801 app.

You should choose the visa that you meet the requirements for. It costs much more money to apply for a 309 and get denied for not meeting the requirements than it does to apply for a 300 if you do meet the requirements and pay a bit more for the 820/801 from a 300.

I wouldn't recommend an agent that tries to take the cheapest option if you don't have the evidence for it. If you have the evidence for both the 300 and 309, then you can consider cost in your decision. Maybe get a second opinion? The RMAs that comment on this forum have been used and highly recommended by other forum users.

 

[ampk]

Based on what you posted about when your relationship started (Jan 17) and registration of relationships in WA is not an option currently and you are not married - you don't qualify for a 309 application until after 12 months of relationship (Jan 18).

If you do apply before that date your application must be refused with no refund of the $7,000 fee.

If you lie about your length of relationship - that can be worse.

Did you pay for that consultation?

 

[krispychicken]

I think I've missed something here, the agent told you to apply for a 309 straightaway? Based on what you've said I wouldn't have thought you eligible for a 309 until at least Jan 2018?

That's what I thought too. But he mentioned that I had a compelling reason, which was being pregnant. At that point of time, I hadn't do much reading and research. But now i understand that being pregnant is not a compelling enough reason. So I was pretty thankful that I didn't sign a contract with him right away then.

 

[krispychicken]

Based on what you posted about when your relationship started (Jan 17) and registration of relationships in WA is not an option currently and you are not married - you don't qualify for a 309 application until after 12 months of relationship (Jan 18).

If you do apply before that date your application must be refused with no refund of the $7,000 fee.

If you lie about your length of relationship - that can be worse.

Did you pay for that consultation?

I didn't have to pay for the consultation but he did seem a bit pushy on me signing up a contract with him (which would mean a deposit of 2500AUD deposit without gst). So I was a little skeptical and thought that I should read up and ask around more to understand better.

We were thinking of applying a 309 after February 2018 because:
1. passed the 12 month relationship requirement
2. after bub's delivery
3. after registered marriage in Singapore

but was just afraid that because of the short duration between marriage and application plus lack of evidence, we'd have a greater chance of the application being rejected.

 

[ampk]

It seems with out family support in Singapore a good deal of consideration should/would be to be able to live together the fastest.

I think a PMV application would be that if done now - you will be able to meet these requirements of this visa.

Passing 12 months and getting married will delay the application by around 4 -4.5 months. Then the processing time and you cant get a Visitor Visa.

While the posted process times of the PMV are slightly more than the 309 - I think you will find many are not just high risk countries but, very high risk countries and Singapore is not.

Singapore has had some fast processing times so you could get very lucky.