staceykp Posted February 11, 2014 Share Posted February 11, 2014 [TABLE=class: rmenutb, width: 100%, align: center] [TR] [TD] [TABLE=class: tborder vbseo_like_postbit, width: 100%, align: center] [TR] [TD=class: alt1, bgcolor: #FFFFFF] I was wondering what advice any one has for us. We are currently looking at applying for a de facto visa, however our situation is quite strange. My partner and i have not been together/living together for the minimum 12 months, we fall short by 2 months after his working holiday visa expires at the end of august. What makes our situation difficult is that we are expecting our first child in July. My partner is from the UK and I'm from Australia and we currently live in WA. I work full time and so does my partner. As you can imagine we are trying to do everything we can to stay together as a family. Q1. Is the de facto visa the best option for us? Q2. As my partner is on a working holiday visa, is he in breach of his visa conditions once the baby is born? Q3. Is it best to apply before or after the baby is born? Q4. Will our circumstance fit the requirements to wave the 12 month minimum? I appreciate any help. Many thanks [/TD] [/TR] [/TABLE] [/TD] [/TR] [/TABLE] Link to comment Share on other sites More sharing options...
lebourvellec Posted February 11, 2014 Share Posted February 11, 2014 You have started a new thread asking same questions as before - you were given good advice on the Previous thread from a registered migration agent to take professional advice. 1. - yes 2. - this is a grey area as the child will be Australian citizen at birth. 3. - take professional advice - but a child within a relationship should waive the 12 month relationship requirement 4. - probably Being married also waives the 12 month relationship requirement. Alan suggested names of agents that are in WA from your previous thread. Link to comment Share on other sites More sharing options...
Killara Posted February 11, 2014 Share Posted February 11, 2014 If you have sufficient evidence to show the genuine de facto relationship, then you can apply for the partner visa despite not meeting the 12 month requirement. You are then required to show compassionate and compelling circumstances. The birth of an Australian citizen child can meet this requirement for showing compassionate and compelling circumstances, but you will need to show how would be affected if the partner visa was not granted, so I would strongly recommend that you use a registered migration agent to prepare the visa application. It is possible to lodge the visa application before the birth of the child. Your partner will need to lodge a visa application before his working holiday visa expires - then a bridging visa will be granted so that lawful status in Australia is maintained while the partner visa application is being processed. Link to comment Share on other sites More sharing options...
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