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Pregnant and need help!


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Old 02-18-2014, 07:39 AM
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Pregnant and need help!

I just found out I am in the early stages of pregnancy. I am only in Australia on a Work and Holiday visa that will expire January 2015. I thought I could get a de facto partner visa in order to stay. My partner (who is an Australian citizen) and I have not been together for 12 months, but we are going to be buying a house together and want to care for our baby together. I know pregnancy does not make the process go faster, but is being pregnant with my partner's child enough to waive the 12 month requirement? I don't want to wait to lodge the application until after the baby is born because I need Medicare to help pay for everything. Is that possible or is it really better for me to just wait and fork out thousands and thousands of dollars for medical bills?


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Old 02-18-2014, 08:00 AM
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Pregnancy in itself won't provide a waiver for the 12 month de-facto requirement. Registering the relationship (if you can) or getting married seems the obvious solution.

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Old 02-18-2014, 11:29 AM
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Hi Babyinoz -

Congratulations on your pregnancy! If you qualify, an onshore partner visa either as a defacto couple or married couple may work - the key issue is that once you have a permanent resident visa application pending with DIBP and indicate that you are resident in Australia, you can apply for Medicare - you do not need to wait until the visa application is processed/approved (which can take a year or more) in order to apply. You need to look carefully at your situation, see if you have suitable relationship evidence, etc, and make sure you don't have any other issues (such as condition 8503 on your current visa) that could prevent you from lodging an onshore application. If going defacto, as Nick said, registering your relationship if you are in an Australian state that allows this (all do except WA and SA), waives the 12 month living together requirement for defacto partner visa applications, however DIBP still looks at the relationship evidence and has to determine whether they believe the relationship is genuine, and living together plays a big part of that in their assessment when it comes to defacto applications.

Hope this helps -

Best,

Mark Northam


Hope this help

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Old 02-18-2014, 12:45 PM
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Mark,
My partner and I do not really fit the de facto requirements as we have only been dating a few months and a lot of it was an internet relationship. We cannot register as a de facto couple in WA, so that limits our options as well. We do not have a house together yet so we really do not have much evidence to support our relationship is genuine, even though it is to us. So it's looking like marriage is our only option...?

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Hi Babyinoz -

Congratulations on your pregnancy! If you qualify, an onshore partner visa either as a defacto couple or married couple may work - the key issue is that once you have a permanent resident visa application pending with DIBP and indicate that you are resident in Australia, you can apply for Medicare - you do not need to wait until the visa application is processed/approved (which can take a year or more) in order to apply. You need to look carefully at your situation, see if you have suitable relationship evidence, etc, and make sure you don't have any other issues (such as condition 8503 on your current visa) that could prevent you from lodging an onshore application. If going defacto, as Nick said, registering your relationship if you are in an Australian state that allows this (all do except WA and SA), waives the 12 month living together requirement for defacto partner visa applications, however DIBP still looks at the relationship evidence and has to determine whether they believe the relationship is genuine, and living together plays a big part of that in their assessment when it comes to defacto applications.

Hope this helps -

Best,

Mark Northam


Hope this help


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Old 02-18-2014, 07:24 PM
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Hi -

Sorry to say, but that may be the best option unless you qualify for PR another way (ie, skilled visa, employer sponsored) however if you've only been dating a few months, a partner visa via marriage may still be a challenge re: relationship evidence. If you do choose to go down this road, you will need to work hard to put together as much relationship evidence as you can before you lodge (and after, since you can submit additional evidence) to support the application. Just being married is only the beginning, and a marriage certificate is nowhere close to enough evidence for a partner visa via marriage.

Hope this helps, and good luck -

Best,

Mark Northam

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Old 02-18-2014, 08:58 PM
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I think Mark pretty well covered the issues you are facing.

You may have to rely substantially on statements and statuary declarations by friends and family. You could also make wills, take out life insurance and your partner could make you the beneficiary of his super fund. If you bought a house together, before you lodged the application, then that could be evidence of a very strong commitment. I would wait as long as possible with lodging the application, so you can maximise the amount of supporting evidence. You may have to fully cover your medical bills for a while longer, but you should weigh up that cost against the costs of paying the VAC ($ 4575.00), potentially getting a refusal and having to go to the MRT.

Finally (I am assuming there are no conditions on your current visa preventing you from applying onshore) you do have the option of appealing any refusals and remaining in Australia while the appeal is being heard. I would never set up up someone for a refusal, but with border-line cases it can be reassuring to know that the option is there, especially if there are children involved.

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Last edited by CCMS; 02-19-2014 at 12:16 AM.

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Old 02-19-2014, 06:31 AM
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Quote:
Originally Posted by MarkNortham View Post
Hi Babyinoz -

Congratulations on your pregnancy! If you qualify, an onshore partner visa either as a defacto couple or married couple may work - the key issue is that once you have a permanent resident visa application pending with DIBP and indicate that you are resident in Australia, you can apply for Medicare - you do not need to wait until the visa application is processed/approved (which can take a year or more) in order to apply. You need to look carefully at your situation, see if you have suitable relationship evidence, etc, and make sure you don't have any other issues (such as condition 8503 on your current visa) that could prevent you from lodging an onshore application. If going defacto, as Nick said, registering your relationship if you are in an Australian state that allows this (all do except WA and SA), waives the 12 month living together requirement for defacto partner visa applications, however DIBP still looks at the relationship evidence and has to determine whether they believe the relationship is genuine, and living together plays a big part of that in their assessment when it comes to defacto applications.

Hope this helps -

Best,

Mark Northam


Hope this help
Hi Mark,

I am having trouble getting medicare to accept this, although my GF case is just a title bit different. We have lodged an Offshore application and she has been living here for more than 15 months now, but medicare has told me that because she has entered australia on a tourist visa it doesn't matter that she is here as an applicant for a partner visa.

They told me that they look at everything.

Regards

David


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Old 02-19-2014, 07:27 AM
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Quote:
Originally Posted by anatolian13 View Post
Hi Mark,

I am having trouble getting medicare to accept this, although my GF case is just a title bit different. We have lodged an Offshore application and she has been living here for more than 15 months now, but medicare has told me that because she has entered australia on a tourist visa it doesn't matter that she is here as an applicant for a partner visa.

They told me that they look at everything.

Regards

David
I believe that is because tourists are not eligible for Medicare and the reason onshore applicants get Medicare is because they are put on the BVA which gives them rights to stay in Australia until their application is processed. Being on a tourist visa, even with a valid application immigration might simply believe that she should be accessing healthcare in her own country.

A BVA also grants working rights, while being on a tourist visa with an offshore application does not offer the same rights. That is one of the perks of an onshore application and also probably one of the reasons why onshore applications tend to take longer to process than offshore ones.

I'm not 100% sure that she won't be eligible for Medicare, but I'm pretty sure a BVA is required for partner visa applicants for Medicare.

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Old 02-19-2014, 07:31 AM
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A moderator of this forum was in Australia on an ETA awaiting grant of her 309 and was successfully given Medicare. As long as you've applied for a permanent residency visa you're supposed to be eligible. At least, that's my understanding.

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Old 02-19-2014, 07:44 AM
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I am no expert on Medicare eligibility, but it may pay to chase this up. I have had to contact Medicare in Canberra once when the local office refused to issue a card to one of my clients.

From the Medicare website:

Everyone who lives in Australia—excluding Norfolk Island residents—is eligible for a Medicare card if they:

hold Australian citizenship

hold New Zealand citizenship (documentation required).

have been issued with a permanent visa

have applied for a permanent visa (excludes an application for a parent visa), have permission to work in Australia or can prove relationship to an Australian Citizen — other requirements may also apply. Call us for more information

Visitors to Australia from a country that has a Reciprocal Health Care Agreement with Australia are also eligible for medically necessary treatment.

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