Visa ideas for soon to be mum

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  • 1 Post By holly

Visa ideas for soon to be mum


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Old 11-14-2012, 03:46 AM
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Visa ideas for soon to be mum

Im now trying to help my friend find the best visa to apply for.
Her situation is as follows (shes canadian living in wa)

Had her 2 WHV already, this last will expire in feb 2013.
Got together w her boyfriend around new year 2011/12. Moved in with boyfriend june 2012. Fell pregnant to boyfriend ?? But due june 2013. Have both met all of each others familys and travelled a lot together etc.

I have told them to go open joint bank accounts asap.

They were considering getting married this summer to ease the visa situation but now shes pregnant she would prefer to wait.

Options i have suggested or they are considering are....

Leaving in feb and returning on a tourist visa. Problem with this will be that she will not be entitled to medicare if she has the baby here. Flying back to canada after 3 months, have the baby, return to oz, apply defacto. But not sure if the baby will get a tourist visa so easily. Especially as it would be obvious to immi as to why she is coming back to oz.

Returning to canada, waiting for baby, applying defacto as they will then have 1 year, though they may have significant time apart in that case if he is unable to leave his business in oz. (plus they dont really want to be apart too long) and getting a tourist visa to oz while they await offshore decision.

Any opinions, suggestions or getting ideas???


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Old 11-19-2012, 01:16 AM
bma bma is offline
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It's a pity they live in WA; if I remember correctly, they can't register their relationship there. Namely, registering the relationship waives the 12-month relationship requirement.

But, there's another waiver:

The 12-month relationship requirement at time of application lodgement does not apply if you can establish that there are compelling and compassionate circumstances for the grant of the visa, such as you have children with your partner ...

I don't know if being pregnant counts as having children, somebody else will have to answer this question.

***

So, they're together since New Year 2011/2012 which means they'll be together for more than a year at the time of application (February 2013).
They need to check the partner migration booklet thoroughly (http://www.immi.gov.au/allforms/booklets/books1.htm/) and see if they have any of the necessary evidence to prove they've been in a relationship for a year.

Some of the recommended evidence: joint bills, joint bank account, transactions between their own bank accounts, wills, superannuation beneficiaries, nominated drivers on car policies, ....

Leaving Australia and coming back on a tourist visa is not really an option, she and the baby will have no Medicare, it's not worth it.

Lodging the application offshore with a new baby will be stressful and heart breaking for all involved. Check with a good and experienced migration agent if being pregnant is enough to waive a 12-month relationship requirement (if they don't have the evidence for all 12 months) and if not, it's better to get married.


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Old 11-19-2012, 11:31 PM
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Thanks Bma i think she is talking with an agent, as far as we know and ive read around the forum a baby doesnt count UNTIL it is born!


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Old 11-20-2012, 12:13 AM
bma bma is offline
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Quote:
Originally Posted by holly View Post
Thanks Bma i think she is talking with an agent, as far as we know and ive read around the forum a baby doesnt count UNTIL it is born!
Thanks for this information (about the baby), it's good to know the facts. In my opinion leaving Australia doesn't seem a good idea cause they'd be apart for such a long time.


It's probably best to apply as soon as possible to avoid paying $4000 as a new fee for a partner visa. I do wonder about something: will the Medicare (that applicants have while waiting for a partner visa) cover the birth of a child?


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Old 11-20-2012, 04:41 AM
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To be honest i think the visa price hike would be the least of their financial concerns haha.

Pretty sure the medicare u get on a bridging visa is not full- but im unsure. Either way they, are concerned to apply defacto before they have the 12 months and get rejected, and then have difficulties applying again.

I think i will tell them to consider a PMV or prehaps they ought to get married (this was on the cards before the baby but they would prefer to wait now)

Thanks for the help


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Old 11-20-2012, 05:00 AM
bma bma is offline
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Quote:
Originally Posted by holly View Post
To be honest i think the visa price hike would be the least of their financial concerns haha.

Pretty sure the medicare u get on a bridging visa is not full- but im unsure. Either way they, are concerned to apply defacto before they have the 12 months and get rejected, and then have difficulties applying again.

I think i will tell them to consider a PMV or prehaps they ought to get married (this was on the cards before the baby but they would prefer to wait now)

Thanks for the help
They need to be able to prove the last 12 months of their relationship, otherwise their de facto visa application will be denied (check this thread for the importance of evidence: http://www.austlii.edu.au/au/cases/c...012/1702.html/).

And because they live in WA, they can't register their relationship...

For PMV she has to leave the country and file an application abroad (she can fly to Indonesia, Singapore and other destinations that are close to Perth) and then fly again abroad for her application to be granted. There's no bridging visa in this case and because she's pregnant and can't have chest x-ray, this visa would again be finalised/ granted after the baby was born.

I'd say getting married and apply for a partner visa is her best option if she doesn't want to leave Australia; she'd be on a bridging visa and her partner visa would be granted after the birth.

Or she could fly back home and give birth there, and meanwhile PMV can be processed...

Keep us posted, please, I wonder what the agent will suggest... Perhaps there are other solutions and I'm just not aware of them...


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Old 11-21-2012, 03:18 AM
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Ill keep you informed

bma likes this.


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