Need advise off shore Partner Visa with a baby of the relationship

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Need advise off shore Partner Visa with a baby of the relationship


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Old 12-12-2010, 05:20 AM
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Need advise off shore Partner Visa with a baby of the relationship

Hi Guys,
I am new to the forum and would like some advice regarding an off shore visa application my partner and myself are about to make.

Our story

I have been travelling to Thailand since may 2007 with many trips logged up in my passport. During this time I met my Partner though we did not commence a relationship till may 2008.
We promptly started living together and things moved quickly, by Jan 15th 2009 we found out we were expecting. We provided all this info to immigration at this time along with a lease agreement for our house in Thailand asking for a 6 month tourist visa for my Thai partner to support me during the second half of pregnancy, birth, and post natal period in oz. This was granted. I returned to Oz 5 months pregnant and my parnter followed a month later. At the time my partner and had a business in Thailand and still does with a lease contract to continue for a further 2 years. Our intial plan was to return to Thailand once our baby was 2 months old. Also at this time there was much political unrest in Thailand and the tourist industry was taking a battering in turn making the income from his business unpredictable on top of this the staff we left in charge started taking our profits or running it into the ground. In the end my partner had to leave just prior to the birth out of fear of losing our income over there.
I promptly followed him back with our son once he was immunised at about 2 months. We spent a month there re-accessing whether it was still suitable to live in Thailand. It turned out it was not because of the business instability and unreasonable visa restrictions for me which required me to leave the country every three months, not ok with a tiny infant.
By now with all the back and forth and a new bub our budgets were stretched. The baby and I had to return to Oz alone and my partner worked away at the business to save for the next trip. Finally some 7 months later we were ready and Bangkok was taken under seige by protests though we finally managed to get a visa application sent into the Oz embassy which was closed to guest because of the violence. We had ask for a single 3 month tourist visa this time. They sent us back a multiple entry 1 year visa and the only restriction being that each stay was to be of 3 months. Very nice on their behalf. We then had 3 great months together and I had some well deserved rest which any parent particularily single ones will sypathize with. This brought us right up to our sons first birthday. As you can imagine this is all very costly on a Thai income and being a stay at home mother there is not much I can do to help support my partners immigration cost. I do have family members that will act as sponsors though other cost need to be met by us. So now several months later my partner has enough to apply for the defacto visa. We understand there is a strict 12 month co-habitation requirement with the only exemption being compelling and compassionate circumstances. While we have had many periods of seperation do you think that our case would be one that falls under this catagory. Do you think the back and forth will be evidence of our ongoing commitment to our family. We have many millions of photos, emails, phone records, letters ect. There are also plenty of visa stamps in all our passports and of course all the information previously supplied to immigration supporting my partners other visas. I would really appreciate any feedback as it would be so heart breaking to be knocked back at this point our son is 15 months old and I am exhausted emotionally and physically.
Thank you for taking the time to read our story.


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Old 12-13-2010, 06:46 AM
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Hi Aussiemum,

Wow, what a complicated story But, if you explain this to DAIC when making the de facto application, I think they would take this as 'compassionate' enough to waive the 12 month requirement. Also, the 12 month requirement can be waived in other circumstances

•The 12-month relationship requirement may be waived if one of the following situations applies:

•you can demonstrate compelling and compassionate circumstances, such as if you have children with your partner.
•all the following circumstances apply:
◦your partner is, or was, the holder of a permanent humanitarian visa
◦prior to their permanent humanitarian visa being granted, you were in a relationship with your partner that meets the requirements of a de facto relationship
◦the department was informed of this before the permanent humanitarian visa was granted.

So, it seems to me you would have a pretty good chance since you have a child together, but I'm not an expert in immigration and can't say for sure. The only people who can give you a definite answer is someone at DIAC, or the case officer who is assigned to your case once the application is made.

Give your nearest Aust.Embassy a call and ask them about it. You could also go in and see if you can talk to someone about it in more detail.


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Old 12-15-2010, 05:32 AM
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A aussiegirl indicates, there can be a waiver where a child is involved and you do have a substantial background with reasoning for breaks in being together, though the three months at a time is not normally considered as part of the reasoning.
The best you can do is accurately document the relationship with the background of Thai issues and see how an application is considered.
You probably also want to consider how your partner will fare in Australia getting employment and income if a visa is granted and yes, you will need Assurers of Support to your sponsorship application.





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Old 12-15-2010, 06:01 AM
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Quote:
Originally Posted by Wanderer View Post
A aussiegirl indicates, there can be a waiver where a child is involved and you do have a substantial background with reasoning for breaks in being together, though the three months at a time is not normally considered as part of the reasoning.
The best you can do is accurately document the relationship with the background of Thai issues and see how an application is considered.
You probably also want to consider how your partner will fare in Australia getting employment and income if a visa is granted and yes, you will need Assurers of Support to your sponsorship application.
My partner does have a good level of English both spoken and written, while he may not have a professional degree he has skills from being a business owner and operator that I am sure would aid in gaining employment here.
Do we wait for the embassy to ask for Assurance of support or should be present that with our application?


Last edited by aussiegirl; 12-15-2010 at 07:09 AM.

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Old 12-15-2010, 07:09 AM
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Hi again,

The AoS is requested after application. DIAC will do an innitial assessment to determine if it's needed, and then they will ask you to find an assurer and fill in the form, which is then given to Centrelink.


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