I am a pregnant temporary resident who is defacto to a aussie citizen and confused!

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I am a pregnant temporary resident who is defacto to a aussie citizen and confused!


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Old 09-27-2010, 01:35 AM
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Question I am a pregnant temporary resident who is defacto to a aussie citizen and confused!

Hello i am strugling to find any information for parents of a new child where one parent is a citizen and one is not. I understand that the child will become a citizen on the back of her father, but i am confused as to any benefits or help we will be entitledto.

I am nearly 21 and am British. I am currently on a 457 4 year visa under my father, but i have been defacto with my partner for nearly 2 years. I am currently 5 months pregnant and am very unsure of where i need to go from here to apply for permanent residency.

What is the process for the non resident parent of a new born citizen?
Should i apply now on a defacto visa or wait until after the child is born?

Any help and advice will be greatly appreciated!


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Old 09-27-2010, 08:18 AM
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Hi,

It sounds like you will have to eventually apply for an onshore de facto partner visa. It doesn't make sense to rely on your dad's visa since you are in a stable relationship with an Australian citizen. Your partner will act as your sponsor in this process, and the both of you will have to gather various evidence to show you are a genuine couple. Because you have a child together, you will of course have to include a notorised copy the child's birth certificate showing you are the mother.

Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)

Above is a link to the section of the DIAC site that introduces the nuts and bolts of the de facto application. Make sure you also read the Partner Booklet. I think you should start gathering your documents and evidence according to the visa applicaton checklist provided on the site.

Pregnancy is not a boundary to getting residency, and whether you wait for the birth or not, it doesn't change your visa options. Onshore visas take longer to process than those lodged out of Oz, so the quicker you get the application together, the better.


Last edited by aussiegirl; 09-27-2010 at 08:34 AM.

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Old 09-27-2010, 11:41 AM
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Just further to what Aussiegirl says, if you already have sufficient data to show you have been in a relationship for 12 months you can start getting all the documents together now for a partner visa application.
Doing that may see you eligible for medicare and help with some of the birth costs.
And yes the baby will be able to get citizenship based on the father.
Have a look at the sticky thread by el kitten too as she has put some good information together.





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Old 09-30-2010, 01:46 AM
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The guidance above as to applying for a subclass820/801 is correct.

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