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Old 11-02-2010, 06:40 AM
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Hi Everyone...
Just looking for a bit of guidance here.

I am currently in Australia on a temp. visa. I had a baby back in May, born in Aus. The father is an Aus. citizen, but I am a Canadian citizen.

We recently seperated, and my visa is up soon. I am wanting to stay in Aus. to raise her, and share custody agreements with the father..

What are my options in this scenario? I feel stuck!!


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Old 11-02-2010, 10:26 AM
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If it is a partner TR visa you are on sthorne, then with a child who is in effect entitled to Australian citizenship [ as well as Canadian if that is how the Canadians see it ] , then there may be a chance that you could be granted Australian PR dependant on all the circumstances.
Legally you do need to advise Immi if you have separated and it seems as though it is going to be permanent, so best that you make an appointment to see them, perhaps contact your CO if you have had one and have contact details or if not just ring them and expalin the circumstances so as to see if you can get an appointment with an appropriate person.

If it is not a partner visa but something like a WHV or tourist visa, that's a whole another ball game and your options will be a bit restricted.
There are what they call carer visas, more usually associated with someone applying to come to Australia and care of someone elderly or in illhealth etc. and so that may not be too applicable.
Again Immi should be able to give some direction though they are not immigration agents and so do not expect to get a lot of advice, it's more you ask the questions and sometimes they will give a direct answer, some people more helpful than others.

If it comes down to there being no option for you to stay and you then have the baby travel/custody situation, that unfortunately could get messy unless the father agrees to you taking the baby back to Canada.
That being the case, you may have to consult a solicitor or see if there is some free legal aid centre you can go to as that will be a lot cheaper.

If the father is prepared to take responsibility for the baby, it might be better all around for you to become unseparated for a period of time so as you can more simply get PR if that is a possibility.





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