Question Regarding Aslyum Seeker and Australian Citizen

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Question Regarding Aslyum Seeker and Australian Citizen

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Old 02-25-2015, 11:54 AM
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Smile Question Regarding Aslyum Seeker and Australian Citizen

I am an Australian citizen and my child's mom is an Aslylum seeker. Her application for protection visa was denied a few days ago and her chances even after an appeal to the minister are slim considering her case doesn't seem to have much substance. I haven't own up as the father to the child as I assumed the Mom was using me to gain status. However, I now want to claim ownership as I can't imagine loosing my child. I don't intend to marry the mother in anyway but it would be nice if she could remain here and help raise the child as it would be extremely hard for me since I'm still studying. What are the implications with immigration? Would they doubt my claims since I didn't initially own up as the Dad? What becomes of her situation if I claim to be the Dad of the child? Would immigration request DNA results cos I am not sure I would be able to afford it now. I'm just a student. I asked her to withdraw the application for birth certificate which did not bare my name. Now we're intending to lodge a new one bearing my name. Would appreciate some advice on the matter.

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Old 02-27-2015, 06:41 AM
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Location: Perth, Australia
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You are in a bit of a pickle. Just remember that when your a dealing with government departments that it is always best to be completely truthful at all times.

The best way out of it is to apply for a partner visa for your partner. You must also own up to being the father and provide DNA evidence if necessary. Once you do that then the child is an Australian citizen and does not need a visa.

Public Interest Criteria 4020 may also come into play if your partner provided misleading information during her previous application. This can lead to a 3 year bar on granting further visas.

I know you are only a student, but this is a serious case, so I would recommend that you talk to an experienced migration agent so that you can map out a strategy of what to do next.

Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

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Old 02-27-2015, 07:22 AM
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It sounds to me like she is not his partner she is just the baby mama so partner visa would not be suitable

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Old 02-27-2015, 07:54 AM
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Yeah - curious how they'd get a partner visa when they're not, in fact, partners. Tricky.

Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 02-27-2015, 09:23 AM
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Since you assume she's using the child to trap you and gain PR, how do you know for sure the baby is your kid? DNA test is very important. If I were you I would be very careful and probably run far far away. Just my personal opinion.

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Old 02-27-2015, 07:49 PM
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If you indicate that you are the father, as you previously denied it and you are not married to the mother you may have to pay for the DNA test to prove paternity. You are not claiming are claiming paternity. It does not mean that you will be getting custody of the child but that you will be responsible financially for the child.

If the mother is deported the chances are that the child will go with the mother. The Australian government is very wary of separating mother and child even if one is a citizens and the other is not....they will not give the child to you and deport the mother...the child will get citizenship and if they choose when they are older they can return or not. The family unit (mother and child) is what will be conserved even if that means both will leave the country.

If you are going to own up to paternity then you need to own up to the financial responsibilities (this does not change when they leave the country) and rethink continuing with your studies or at least moving to PT and getting a FT job. You need for $$$ now is important if you are going to "be a man" and own up to your respnsibilities

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