Partner Visa Waivers- Pregnant!

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Partner Visa Waivers- Pregnant!


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Old 02-24-2011, 07:17 AM
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Partner Visa Waivers- Pregnant!

Hi there,

Please could someone help me get my head around all this.

I am currently on a Student Visa, which i am desperate to get out of as i have recently found out that i am pregnant

I have been with my partner for only 8 months and we were intending to apply for a partner visa after 12 months.
We have been living together for the majority of that time but probably only have limited proof by way of bills, finances and photos

I want to apply now as i dont want to have this stress hanging over me while im pregnant.
Does anyone know if pregnancy is a valid waiver for the 12 months restriction for a Partner Visa and what our chances would be of getting an approval.

Also, Do we need to give Police Checks with the initial application? Because i need to get this organised within the next week!!!

Thanks in advance for any help you can offer


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Old 02-24-2011, 11:34 AM
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Hi Cammi
Are you aware that you will need to have an X-ray for your partner visa application? This may harm your unborn baby. The immigration booklets recommend that you wait until after your baby is born before you have the x-ray. They will not fast-track an application just because you are pregnant (as there are a lot of other people out there with equally compelling reasons to "fast-track" their apps), and they will not finalise any application without that x-ray.
You should probably wait until after the birth to submit your app -- then you would also have your 12 months worked up.
KR


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Old 02-24-2011, 12:10 PM
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Quote:
Originally Posted by Cammi View Post
Hi there,

Please could someone help me get my head around all this.

I am currently on a Student Visa, which i am desperate to get out of as i have recently found out that i am pregnant

I have been with my partner for only 8 months and we were intending to apply for a partner visa after 12 months.
We have been living together for the majority of that time but probably only have limited proof by way of bills, finances and photos

I want to apply now as i dont want to have this stress hanging over me while im pregnant.
Does anyone know if pregnancy is a valid waiver for the 12 months restriction for a Partner Visa and what our chances would be of getting an approval.

Also, Do we need to give Police Checks with the initial application? Because i need to get this organised within the next week!!!

Thanks in advance for any help you can offer
Hi Cammi,

Waiver of the 12-month relationship requirement
The 12-month relationship requirement at time of application lodgement does not apply if:
you can establish that there are compelling and compassionate circumstances for the grant of the visa, such as you have children with your partner or cohabitation was not permissible under the law of the country where you resided for the 12 months before you applied;
your partner is, or was, the holder of a permanent humanitarian visa, and before that permanent humanitarian visa was granted, you were in a relationship with your partner that satisfies the requirements of a de facto relationship according to the Migration Regulations, and the department was informed of this before the permanent humanitarian visa was granted; or
at the time of application for the visa the de facto relationship was registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationship) Regulations 2008 as a kind of relationship prescribed in those regulations.

If you feel that there are compelling and compassionate circumstances that may mean the 12-month requirement does not apply, you should provide a statement with your application that outlines and explains the reasons for your request.

For further information on the 12-month relationship requirement, see Fact sheet 35 One-Year Relationship Requirement, which is available from www immi gov au/media/fact-sheets/

Good luck.

PS. If you are pregnant, you don't have to have an x-ray.


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Old 02-24-2011, 12:58 PM
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The simple answer is that though having a child with a partner can waive the 12 months, just being at the pregnant stage doesn't.
If you are in the ACT, NSW, Tasmania or Victoria you could consider a Relationship registration which will waive the 12 months but you still do need to have other supportive evidence.
You also need to consider your student visa before doing anything too hasty for whereas a bridging visa can be issued between visas when an existing one expires, withdrawing from study will mean you're not complying with the student visa and having it cancelled will put you in a different situation to a visa expiring, so I would go into an Immi office to see what they may suggest or alternately seek at least an initial consultation with a knowledgeable agent.

If you can get an application in for a partner visa and get a bridging visa, you'll not need to do the medical straight away and with current processing times, it could be some months from application before you even have a CO assigned so you may already have given birth well before your visa application is considered or be able to get a delay put on having the full medical.
And no, you do not need to submit your police check with your application and if you have not been back to your home country since arriving here on a student visa, your initial police check from there should be OK though you'll need an AFP one.

It is not going to be a quick exercise and so do not stress but just first get sorted with Immi re ceasing your studies.
Another thing that you and your partner will need to consider is that if you get married, you could be covered by Medicare for the birth in having a partner application in but that may not be so if you're not married.





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