adi28 Posted December 16, 2012 Share Posted December 16, 2012 Hey, Looking for some general advice. I am on a 457 visa, mother of the baby is an Australian citizen. I am wondering what my visa options are. Originally my plan was to go from 457 to PR via ENS, I am not entitled to apply until August 2013. The baby is due in May 2013. My fear is that the rules may change or my manager may leave which could put me in a predicament. Any advice is much appreciated. Link to comment Share on other sites More sharing options...
Rupert Posted December 16, 2012 Share Posted December 16, 2012 What do you mean you are not entitled to apply for an ENS before August 2013? You can apply any time you like if you qualify and have a willing employer. It is a common myth that you have to do X amount of time on a 457 before you can apply for the ENS. How long have you been a couple and how long been living together? Link to comment Share on other sites More sharing options...
adi28 Posted December 16, 2012 Author Share Posted December 16, 2012 Should have elaborated. I do not have three years post qualified experience until October 2013 but by August 2013 I will have completed 2 years on a 457 visa. We have been together just over 2 years, we don't actually live together now but we will be moving in together in January 2013. Link to comment Share on other sites More sharing options...
Rupert Posted December 16, 2012 Share Posted December 16, 2012 Should have elaborated. I do not have three years post qualified experience until October 2013 but by August 2013 I will have completed 2 years on a 457 visa. We have been together just over 2 years, we don't actually live together now but we will be moving in together in January 2013. I think you will just have to carry on as you are for time being then. Getting someone pregnant won't get you a visa, if that is what you had been thinking. Link to comment Share on other sites More sharing options...
adi28 Posted December 16, 2012 Author Share Posted December 16, 2012 I think you will just have to carry on as you are for time being then. Getting someone pregnant won't get you a visa, if that is what you had been thinking. Quite the opposite in fact. Neither me or my partner are getting any younger and we both want kids so we are very happy that we conceived so quickly!! Link to comment Share on other sites More sharing options...
blossom Posted December 16, 2012 Share Posted December 16, 2012 Quite the opposite in fact. Neither me or my partner are getting any younger and we both want kids so we are very happy that we conceived so quickly!! I have no idea what you mean about quite the opposite. Did you think your visa would be cancelled for getting someone pregnant? Not sure what else is opposite to what rupert said. But he is right. You have to have lived together for a year to get a defacto visa. Baby won't help. So either you carry on as you are, or get married.... Link to comment Share on other sites More sharing options...
adi28 Posted December 16, 2012 Author Share Posted December 16, 2012 I have no idea what you mean about quite the opposite. Did you think your visa would be cancelled for getting someone pregnant? Not sure what else is opposite to what rupert said. But he is right. You have to have lived together for a year to get a defacto visa. Baby won't help. So either you carry on as you are, or get married.... It pretty clear really, the opposite being that we didn't get pregnant for me to get a visa we got pregnant because we actually want a child. I have a 457 visa not like I am a backpacker on a one year holiday visa! I was merely asking if there was another visa choice besides me going for ENS as I am afriad that the agreement I have with my current manager could be null and void so to speak if he left the company i work for. Link to comment Share on other sites More sharing options...
Sammy1 Posted December 16, 2012 Share Posted December 16, 2012 Maybe get married? Seems a logical ( easier) step as the baby was planned and as you have not lived together you would not qualify for the defacto visa. Link to comment Share on other sites More sharing options...
Rupert Posted December 16, 2012 Share Posted December 16, 2012 It pretty clear really, the opposite being that we didn't get pregnant for me to get a visa we got pregnant because we actually want a child. I have a 457 visa not like I am a backpacker on a one year holiday visa! I was merely asking if there was another visa choice besides me going for ENS as I am afriad that the agreement I have with my current manager could be null and void so to speak if he left the company i work for. Well it really wasn't clear. I didn't suggest you got pregnant for a visa. I said that getting somebody pregnant would not help you get a visa .... whereas perhaps you thought it would otherwise why ask the question in the way you did. Link to comment Share on other sites More sharing options...
blossom Posted December 16, 2012 Share Posted December 16, 2012 No it wasn't clear. And it also did not sound to me that rupert was suggesting you did this just for a visa. Just that if you thought this would give you more options then you were wrong. It is great that you planned this. Just a bit scary for you visa wise. And I totally get the ticking clock thing. As I said previously, your only other option is marriage. I know personally having a child would be far more of a commitment than marriage, so would be the logical solution. But I know not everyone thinks the same nowadays. Presumably you will be moving in together before the baby is born? I would definatly be making sure you get joint bank accounts, lease etc just incase things fall through with your job at some point, and you want to apply for the defacto visa. Good luck. Link to comment Share on other sites More sharing options...
lebourvellec Posted December 16, 2012 Share Posted December 16, 2012 You could look in to the Partner visa, if you have been together for 2 years and have a child within the relationship you could get PR straight away. Or you could look in to getting a visa from GSM if you qualify, if your occupation is on the Victoria State Migration plan, they are taking 4 weeks for State Nomination instead of 12 weeks. Processing for GSM is moving very fast currently. Link to comment Share on other sites More sharing options...
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