Prospective Marriage Visa Woes

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Prospective Marriage Visa Woes


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Old 07-19-2010, 03:52 PM
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Unhappy Prospective Marriage Visa Woes

Greetings to all. I dont know if im in the right forum anyway...I used to live with my girlfriend who's an aussie for only a couple of month last Dec of 2009 till the date of my return to the Philippines on May 2010 we are really in a real honest to goodness relationship the problem starts with me staying illegally for almost 5 years im on a bridging visa at that time so i must secure my trip back within 3 weeks so we didnt do much and plan to apply here in the philippines so our relationship of only 1 year will make us eligible to apply for the prospective partner visa and not defacto cause we lived together for only 4 months the reason why i turn myself in to the immigration and plan my lawfull exit is because i want to work legally and stay legally cause we are having a baby this November we want to live a normal life with this "Baby" and my real woes is im not yet divorced from my last marriage. I been separated from this marriage since 1991, So the question is can i go back and live with my partner even if im still not annulled.
Please do help

Many Thanks


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Old 07-19-2010, 04:57 PM
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Originally Posted by Angelito View Post
Greetings to all. I dont know if im in the right forum anyway...I used to live with my girlfriend who's an aussie for only a couple of month last Dec of 2009 till the date of my return to the Philippines on May 2010 we are really in a real honest to goodness relationship the problem starts with me staying illegally for almost 5 years im on a bridging visa at that time so i must secure my trip back within 3 weeks so we didnt do much and plan to apply here in the philippines so our relationship of only 1 year will make us eligible to apply for the prospective partner visa and not defacto cause we lived together for only 4 months the reason why i turn myself in to the immigration and plan my lawfull exit is because i want to work legally and stay legally cause we are having a baby this November we want to live a normal life with this "Baby" and my real woes is im not yet divorced from my last marriage. I been separated from this marriage since 1991, So the question is can i go back and live with my partner even if im still not annulled.
Please do help

Many Thanks
I think it's a prospective marriage visa you may or ought to be thinking of and you need to apply for that when you are outside of Australia and you have nine months from date of grant to enter Australia, get married and then apply for a spouse visa.
Not having a divorce is an impediment to that.
The 12 months relationship requirement for a partner visa can be waived for various circumstances one of which is a couple having a child so it is possible you could apply after the baby is born and you do not need to be divorced to have one granted but it'll obviously mean you'll not likely be in Australia for the birth.
Follow the links from family members @ Migrants - Visas & Immigration and have a read.
I'll move the thread to the Visas & Immigration section where you'll find plenty of threads and links in sticky threads.





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Old 07-20-2010, 01:43 AM
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Thanks alot for the reply!
One more question i have in mind is is there any other way of me getting back to my partner ASAP cause she only lives by herself and with a two year old baby and to put things worst is shes not that good when shes having a baby all those morning sickness and kinds of ill health that a mother feels during the pregnancy there is nobody can help assist her during on and after the child birth we are really in a mess right now can i apply for any kind of visa which is easy to get? please do help.
Thanks


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Old 07-20-2010, 01:50 AM
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Please help baby coming!!!

We are completing all the supporting forms needed for applying a PMV,the problem is it will take us a long time to file it and wait till it will be approved or not my question now is.. is there any other way of me getting back to my partner ASAP cause she only lives by herself and with a two year old baby and to put things worst is shes not that good when shes having a baby all those morning sickness and kinds of ill health that a mother feels during pregnancy no body can help assist her during on and after the child birth we are really in a mess right now please do help.
Thanks


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Old 07-20-2010, 05:00 AM
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Quote:
Originally Posted by Angelito View Post
We are completing all the supporting forms needed for applying a PMV,the problem is it will take us a long time to file it and wait till it will be approved or not my question now is.. is there any other way of me getting back to my partner ASAP cause she only lives by herself and with a two year old baby and to put things worst is shes not that good when shes having a baby all those morning sickness and kinds of ill health that a mother feels during pregnancy no body can help assist her during on and after the child birth we are really in a mess right now please do help.
Thanks
Unfortunately, you and your partner are kind of between a rock and a hard place for your being here five years illegally is no help whatsoever and really limits your options.
Was the bridging visa just to allow you to appeal your deportation order? and did you then get a BVB for travel? and if so I would doubt that you would be able to apply for any sort of other visa even if you returned on that within the three weeks you say you have.
Do you have skills/qualifications and did you have an employer here who could sponsor you?, though even their eligibility could be questionable if they knew you were working illegally.
If the PMV is the only choice open to you, all you can do is get on with the application and appeal to the Immi people in the Philippines for some compassion in regard to your partner's situation.
And she'll just need to prepare herself best she can and see what support is available from the various agencies, her local council community health people being a great place to start as they'll be able to give her direction to mothers'/ mothers to be groups etc. and it'll obviously help if she can make a few friends in those circles.





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