staceykp Posted February 11, 2014 Share Posted February 11, 2014 My partner and I haven't been together for a full 12 months however we are expecting our first child in July... my partners visa expires at the end of August. Does anyone know if we will have any problems with our visa application? Link to comment Share on other sites More sharing options...
Alan Collett Posted February 11, 2014 Share Posted February 11, 2014 > When will you have been living together for 12 months? > Where do you live presently (in what State)? > What type of visa does your partner have presently? Best regards. Link to comment Share on other sites More sharing options...
staceykp Posted February 11, 2014 Author Share Posted February 11, 2014 His visa ends at the end of August and we will have been living together at the start of October for 12 months We currently live in Western Australia He is on his 1st year working holiday visa (we couldn't apply for his 2nd year as we found out i was having a baby and he didn't want to be away from me for 3 months) Link to comment Share on other sites More sharing options...
Alan Collett Posted February 11, 2014 Share Posted February 11, 2014 Hmmm .... not a straightforward application. Suggest you might discuss with a registered migration agent - maybe Tony Coates or Steven O'Neil as you are in WA: http://www.iscah.com/Contact.htm Or: http://www.gm-partner-visas.com/contact-us/ Best regards. Link to comment Share on other sites More sharing options...
staceykp Posted February 11, 2014 Author Share Posted February 11, 2014 Thank you very much for your help This isn't a staright forward application so we are starting to get a little bit worried. Link to comment Share on other sites More sharing options...
Quinkla Posted February 11, 2014 Share Posted February 11, 2014 Is it really that complicated? The Partner Migration booklet says that "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 [plus other examples of circumstances] 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.". Here's a factsheet about it: http://www.immi.gov.au/media/fact-sheets/35relationship.htm It looks quite straightforward to me. Link to comment Share on other sites More sharing options...
Alan Collett Posted February 11, 2014 Share Posted February 11, 2014 Is it really that complicated? The Partner Migration booklet says that "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 [plus other examples of circumstances] 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.". Here's a factsheet about it: http://www.immi.gov.au/media/fact-sheets/35relationship.htm It looks quite straightforward to me. Good for you. How many applications have you lodged where a de facto relationship has not subsisted for at least 12 months? I think this application requires consideration about what supporting documentation is lodged, and when the application should best be submitted. Best regards. Link to comment Share on other sites More sharing options...
Guest Posted February 11, 2014 Share Posted February 11, 2014 I did my own which was under 12 months. It was very straight forward. Link to comment Share on other sites More sharing options...
Quinkla Posted February 11, 2014 Share Posted February 11, 2014 How many applications have you lodged where a de facto relationship has not subsisted for at least 12 months? But using that logic you'd never have done it yourself, would you? There's always a first time. I think this application requires consideration about what supporting documentation is lodged As much as possible, as though 12 months had elapsed but with the information only for as many months as available. Plus a statement about the baby and a copy of the baby's birth certificate. and when the application should best be submitted. Um... If the baby is born in July and partner's visa expires in August, that would be pointing to July or August, woudn't it? Do you reckon I could do this for a living? Link to comment Share on other sites More sharing options...
Alan Collett Posted February 11, 2014 Share Posted February 11, 2014 > A mistake which many make is that having seen one application (their own) they think they can advise fully and competently on another person's situation. > A second assertion - with which I take particular issue - is made by those who argue that because they have done their own visa application anyone else can. It may well be that the OP can prepare and lodge her own application. However, a risk averse strategy includes at least having a discussion with a migration professional who can speak from the experience of having seen a number of applications of a similar type. Best regards. Link to comment Share on other sites More sharing options...
Cez Posted February 11, 2014 Share Posted February 11, 2014 To be fair it does appear harder to get a defacto visa under 12 months cohabitation in wa compared to say qld or nsw as wa does not have the state relationship registration which circumvents the need for the 12 months proof of living together. Link to comment Share on other sites More sharing options...
engaus Posted February 11, 2014 Share Posted February 11, 2014 Good for you. How many applications have you lodged where a de facto relationship has not subsisted for at least 12 months? I think this application requires consideration about what supporting documentation is lodged, and when the application should best be submitted. Best regards. Wow. Note to self, don't use Go Matilda Visas. Link to comment Share on other sites More sharing options...
Alan Collett Posted February 11, 2014 Share Posted February 11, 2014 Wow. Note to self, don't use Go Matilda Visas. http://migrationagentreviews.com/component/content/article/41-australia-agent-reviews/81-gomatilda.html Fortunately there are many that do ... Best regards. Link to comment Share on other sites More sharing options...
abz123 Posted February 11, 2014 Share Posted February 11, 2014 Wow. Note to self, don't use Go Matilda Visas. Alan is a highly regarded member on this forum - check out the number of posts he has made and the likes he has received. Yes, he is an agent and yes he makes a living from giving advice. No I have not used his services and I have no financial interest in posting this but he is giving an opinion for free which I think the OP should at least consider. I am equally sure that he would not want to do business with you either. Link to comment Share on other sites More sharing options...
Guest Posted February 11, 2014 Share Posted February 11, 2014 He is advertising his business at the bottom. He isn't exactly working for free. Link to comment Share on other sites More sharing options...
Petals Posted February 11, 2014 Share Posted February 11, 2014 I have seen how this can all go pear shaped first hand with my daughter's friend, she is Australian her partner at the time Brit, he got kicked out she had to live in UK to get their time in together in fact they actually got married in the UK then they had to get all the stat decs from friends etc to support their application. Funny thing is his mother, father, grandmother and two sisters are residents of Aus. Did not make any difference. Don't do it right, suffer the consequences. Link to comment Share on other sites More sharing options...
Alan Collett Posted February 11, 2014 Share Posted February 11, 2014 He is advertising his business at the bottom. He isn't exactly working for free. Forum rules require me to do so. As does the regulator of migration agents in Australia. Best regards. Link to comment Share on other sites More sharing options...
ramot Posted February 11, 2014 Share Posted February 11, 2014 He is advertising his business at the bottom. He isn't exactly working for free. To the best of my knowledge, MA's who offer advice on PIO have to be upfront about the fact that they are agents, and add that fact at the bottom of their posts. If I am wrong then probably someone who knows better will contradict my post. PIO is lucky that MA's give their help and advice as there can be miss information posted from time to time, even though not intentially. my daughter's de facto application would have gone wrong were it not for an agents free advice here. we didn't use Alan so this is an unbiased post. Sorry was typing and didn't read Alan's post before posting Link to comment Share on other sites More sharing options...
blossom Posted February 11, 2014 Share Posted February 11, 2014 Don't forget that as soon as the baby is born he is breaking the terms of his working holiday visa. Link to comment Share on other sites More sharing options...
abz123 Posted February 11, 2014 Share Posted February 11, 2014 He is advertising his business at the bottom. He isn't exactly working for free. Read my last post: Yes, he is an agent and yes he makes a living from giving advice. Alan does not get paid for anything he posts on here and he has also explained the rules re putting his details in his footer. Yes, he may obtain business indirectly from being a member here but I imagine most of comes through recommendation. If the OP decides not to engage an agent that is up to them. Link to comment Share on other sites More sharing options...
Isabelt28 Posted February 11, 2014 Share Posted February 11, 2014 Don't forget that as soon as the baby is born he is breaking the terms of his working holiday visa. Really? Why? Not being facetious just don't understand? Link to comment Share on other sites More sharing options...
Cez Posted February 11, 2014 Share Posted February 11, 2014 You're not allowed to be accompanied by any dependent children in Aus on a working holiday visa. So as soon as the kid is born, he will be in breach. Link to comment Share on other sites More sharing options...
Isabelt28 Posted February 11, 2014 Share Posted February 11, 2014 Would the dept see this as being 'accompanied' if the mum is an Australian and with the child, who would be an Aussie citizen? Link to comment Share on other sites More sharing options...
Cez Posted February 11, 2014 Share Posted February 11, 2014 Yeah I believe so as the child is still his dependent. I'm no expert though! Link to comment Share on other sites More sharing options...
Cez Posted February 11, 2014 Share Posted February 11, 2014 So even if an application went in for a substantive visa, the bridging visa wouldn't kick in until the whv has expired, by which time the child will have been born, making him in breach of that visa. Link to comment Share on other sites More sharing options...
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