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820 Defacto visa advise for pregnant girl with pending relationship breakdown


MiddleN

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Hi. I've been living in Aus for almost 3 years and I'm currently on a 820 defacto temporary visa. I applied in May 2014 so around 20 months ago. My partner has just informed me he isn't happy and isn't sure we should stay together. To complicate matters we have just found out I'm pregnant. We might end up staying together and working through the issues but I really wanted some advice. If we were to break up now (only a few months shy of getting 801/PR) would I be immediately deported despite the fact I'm having his baby? or given the circumstances does anything think the PR might be granted anyway? Any advice would be helpful. Thank you.

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Guest guest30085

Not sure on the answer, others with more idea about partner visas will be along.

 

Just wanted to say look after yourself and have a :hug:

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First off, I would try to see if you can work things out in your relationship and if it does have a future. And I'd consult a reputable MARA registered migration agent to see what may or may not be possible if the relationship breaks down before the baby is born (any of those who post on here would be a good start) and what could happen after.

 

Whatever you do, please consider where you are happy and wanting to be to bring a baby into the world. If your life is well and truly in Aus, work as hard as you can for this but be aware that the law would prevent you from moving back to the UK with your baby once born, if your partner will not give consent for this.

 

If you are preferring to be back in your home country and not wanting to remain in Aus, I'd consider, if the relationship doesn't have a future, that you look into returning there to give birth.

 

Its a very tricky situation and I really hope you can work it out, for all concerned.

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Hopefully you can work through the issues and maintain the relationship. However, if you aren't able to do this you need to be mindful that you are a few months off being eligible for consideration for the PR visa. 801 visas are currently taking another year or so to be assessed, so it could be May 2017 before you in fact get your PR visa. Having a child will not make any difference in the processing time.

 

Snifter raises a very good point - once the baby is born, if you decided you wanted to return home then you would need to get your partner's consent to remove the child from Australia. So I'd suggest you think long and hard whether you want to give birth here or back home.

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Guest Guest115110
Hi. I've been living in Aus for almost 3 years and I'm currently on a 820 defacto temporary visa. I applied in May 2014 so around 20 months ago. My partner has just informed me he isn't happy and isn't sure we should stay together. To complicate matters we have just found out I'm pregnant. We might end up staying together and working through the issues but I really wanted some advice. If we were to break up now (only a few months shy of getting 801/PR) would I be immediately deported despite the fact I'm having his baby? or given the circumstances does anything think the PR might be granted anyway? Any advice would be helpful. Thank you.

 

Ideally it would be best to work out the issues.

 

There are exceptions in which you can still be granted the 801 visa :

 

1. IF there is an issue with domestic violence.

2. IF the sponsoring partners untimely passing away.

3. IF there is a court order regarding the custody of a child.

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Please think carefully. If there are serious problems this early on, there are likely to be more.

 

If you have the baby in Australia then you will not be allowed to move back to the UK with the baby (if you ever wish to do so), without the permission of the Father.

 

This has happened to many women who have brought up children here without any family support whatsoever (I am one of them). Time now to think seriously and deeply. Counseling should be your first course of action, that's if you both want the relationship to continue.

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