Laurencw Posted March 5, 2014 Share Posted March 5, 2014 Hi, thanks for reading! I am a british student on a Working Holiday Visa In Australia. I have been with my partner who is Australian and full Australian citizen for 10 months now but we have only lived together for two months and I have just found out I am pregnant two months into my Working Holiday Visa & im stuck on what to do. I am fully aware that I wont recieve any marernity pay or anything like that, and I have found online that I am able to recieve Medicare pregnancy and birth healthcare due to the Reciprocal health scheme between the Uk and Australia. I know that with my child I would be allowed to stay until its born and then I would be asked to leave as soon as a baby passport was available. I was just wondering if there is any change to what I have mentioned because the childs father is an Australian Citizen? Also if an option was to apply for a partner visa, would I be able to apply for a Partner Visa when we have only lived together for two months? As the visa states that you must live together for 12 months? Any advice/options would be appreciated Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted March 5, 2014 Share Posted March 5, 2014 Please take advice asap. The baby will have the right to Australian citizenship as his Father is Australian, whereas you can legally be forced leave the country immediately after the birth. If the two of you were to break up, then you could potentially be open to all sorts of issues i.e you being forced to leave and the baby staying here. I am also not at all sure if you would receive maternity care whilst on a WHV. Dependingon what state you live in you can register the relationship which will waive the 12 month requirement. Please think everything through and whether the more sensible option is to go home and have the baby in the UK. Quote Link to comment Share on other sites More sharing options...
Laurencw Posted March 5, 2014 Author Share Posted March 5, 2014 Please take advice asap. Please think everything through and whether the more sensible option is to go home and have the baby in the UK. I would prefer and am happy to go back to the UK to have the baby because its more stable thats for sure. Just my partner is in his last year of university and it is crucial that he doesnt leave and of course he wants to be by my side for the whole of the pregnancy Just another question... After 5 years of being together if we break up i read somewhere that I would allowed to stay? Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted March 5, 2014 Share Posted March 5, 2014 I would prefer and am happy to go back to the UK to have the baby because its more stable thats for sure. Just my partner is in his last year of university and it is crucial that he doesnt leave and of course he wants to be by my side for the whole of the pregnancy Just another question... After 5 years of being together if we break up i read somewhere that I would allowed to stay? If you have a valid visa, PR etc then it makes no difference how long you are together. For example, if you broke up as soon as you got PR you would be allowed to stay because you would have a visa in your own right. Your post worries me to be honest. Quote Link to comment Share on other sites More sharing options...
Laurencw Posted March 5, 2014 Author Share Posted March 5, 2014 I guess regardless of what visa etc,theres always risks of me being asked to leave the country and potentially without my child? In the case that I did go back to the UK with my partner to have the child, what would my stance be on us living together in australia at some point? is it likely with a partner visa? (i'm not sure how hard it is to get a partner visa) Quote Link to comment Share on other sites More sharing options...
Jacaranda Posted March 5, 2014 Share Posted March 5, 2014 I'm with Sammy1 on this.This could become very complicated so you need to be careful about your decisions,and what impact those decisions will have in the future.Have you discussed this with your family,and if so what was their reaction?Have they offered you support?Do you really know this person very well?Do you know his family? Quote Link to comment Share on other sites More sharing options...
Laurencw Posted March 5, 2014 Author Share Posted March 5, 2014 I'm with Sammy1 on this.This could become very complicated so you need to be careful about your decisions,and what impact those decisions will have in the future.Have you discussed this with your family,and if so what was their reaction?Have they offered you support?Do you really know this person very well?Do you know his family? Hmm i agree! it seems really really complicated and theres a lot that could possibly go wrong in terms on visas etc. I would say without a doubt I trust and know my partner inside out, granted we have only been together 10 months but we have known each other an additional 5 months and got to know each other very well before actually getting together. I spent 2 months in australia last year (this is when i met him orignally) and we spent a lot of time getting to know each other during that time. Since then he has spent a month in the Uk with me, and I have also spent a month in Australia with him (both trips between our study gaps) It seems really fast paced,but having spend so much time together I have full trust in this person without a doubt & yes we have both met each others families during mine and his 4 week trips and they are both supportive fully of us both and believe in us. Quote Link to comment Share on other sites More sharing options...
bell123321 Posted March 5, 2014 Share Posted March 5, 2014 What state are you in? As mentioned above some states you can register the relationship which will waive the 12 month requirement Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted March 5, 2014 Share Posted March 5, 2014 Are you currently in Australia or the UK?? Quote Link to comment Share on other sites More sharing options...
Laurencw Posted March 5, 2014 Author Share Posted March 5, 2014 What state are you in? As mentioned above some states you can register the relationship which will waive the 12 month requirement We are in NSW not sure if that counts? i've been reading online that its not a clear "yes or no" answer with NSW? Quote Link to comment Share on other sites More sharing options...
Laurencw Posted March 5, 2014 Author Share Posted March 5, 2014 Are you currently in Australia or the UK?? Australia Quote Link to comment Share on other sites More sharing options...
bell123321 Posted March 5, 2014 Share Posted March 5, 2014 You can register a relationship in NSW. Have a look at this website http://www.bdm.nsw.gov.au/bdm_mge/bdm_rel.html Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted March 5, 2014 Share Posted March 5, 2014 Australia A child within the relationship will also waive the 12 month relationship requirement, but only once the child is here. With the amount of time that you have been together you will only be granted a temporary partner visa at first if you are still with your partner after 2 years you will be granted the PR partner visa. Therefore if you split up before the PR partner visa is granted you will need to leave Australia, this is where it get complicated as your child will be an Australian citizen the father can stop the child from leaving Australia. Quote Link to comment Share on other sites More sharing options...
Quoll Posted March 5, 2014 Share Posted March 5, 2014 Hmm, I'd be heading back to UK with about 3 months to go, that way he can support you for the first scans then he can pop over for the birth. You really are in a very precarious position and it's better to make long term decisions from a place of safety. Good luck, hope you have a smooth and un eventful pregnancy. Quote Link to comment Share on other sites More sharing options...
Laurencw Posted March 5, 2014 Author Share Posted March 5, 2014 A child within the relationship will also waive the 12 month relationship requirement, but only once the child is here. With the amount of time that you have been together you will only be granted a temporary partner visa at first if you are still with your partner after 2 years you will be granted the PR partner visa. Therefore if you split up before the PR partner visa is granted you will need to leave Australia, this is where it get complicated as your child will be an Australian citizen the father can stop the child from leaving Australia. So basically no matter what happens, if my child is born in Australia my partner could always stop me or atleast try to stop me leaving the country to go back to the uk? And for example if we broke up after 3 years of my partner visa would I also be asked to leave? Quote Link to comment Share on other sites More sharing options...
Laurencw Posted March 5, 2014 Author Share Posted March 5, 2014 Hmm, I'd be heading back to UK with about 3 months to go, that way he can support you for the first scans then he can pop over for the birth. You really are in a very precarious position and it's better to make long term decisions from a place of safety. Good luck, hope you have a smooth and un eventful pregnancy. Thank you for your advice ! xxx Quote Link to comment Share on other sites More sharing options...
blossom Posted March 5, 2014 Share Posted March 5, 2014 So basically no matter what happens, if my child is born in Australia my partner could always stop me or atleast try to stop me leaving the country to go back to the uk?And for example if we broke up after 3 years of my partner visa would I also be asked to leave? Yes, he could always stop your baby leaving. If you split before you got pr then you would have to leave. If after you could stay. Beaware too that Medicare doesn't cover everything to do with pregnancy here. Some scans and things you may have to pay for. Quote Link to comment Share on other sites More sharing options...
Laurencw Posted March 5, 2014 Author Share Posted March 5, 2014 The ££££ doesn't worry me too much, I would be happy and understand that I would have to pay some things during the pregnancy as thats what is expected having a child in another country. Whereas if the baby was born in england and then in the future i moved to australia he couldn't stop the baby leaving? is that correct or? and thank you! Quote Link to comment Share on other sites More sharing options...
Jacaranda Posted March 5, 2014 Share Posted March 5, 2014 Hi again,please don't quote me,but I think even if your baby is born in the UK and you move to Australia,the Dad will always have rights,and you could be in for a battle should Dad not want you and child to return to the UK. Quote Link to comment Share on other sites More sharing options...
Wellers and Whitehead Posted March 5, 2014 Share Posted March 5, 2014 I believe if you have the baby in the UK..come back to oz to live rather than just a holiday he can stop the baby returning back to the UK. If this is the case you, I imagine would want to stay with your child in oz until they were 18. There are a few people on here 'trapped' in oz because their partner won't let the children return the UK, hence them having to stay in oz until the child/ren are 16/18. Get legal advice with regards to The Hague convention. I would def be heading back to the UK..it could get messy if u had the baby in oz. Quote Link to comment Share on other sites More sharing options...
Melbkitty Posted March 5, 2014 Share Posted March 5, 2014 I'm about to have my baby with my Aussie partner, any day now! Same as you we had only been together for ten months before I became pregnant. I'm on a 457 visa and have a PR application pending through my employer so slightly different situation, however I'm not entitled to paid parental leave but we are looking into the appeal system as advised by the family assistance office (once PR is through). With Medicare and the public system your maternity care (including scans) is covered and you won't pay anything. Will your employer assist you with to gain PR? That would be your quickest option. Otherwise you could register the relationship as mentioned, or wait until baby is born eg move back with your partner temporarily and apply for the defacto from there once your WHV expires, perhaps your partner could study through distance learning in the UK? Will he be able to obtain a visa for the UK? It's all very well being warned of the risks of having a baby in your situation and looking ahead - however it's natural that you want your partner by your side through the pregnancy regardless of how long you've been together. Pregnancy will draw you very even closer anyway Good luck! Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 5, 2014 Share Posted March 5, 2014 I think first you and your partner should sit down and have a long talk about your future plans, where you want to live, etc. If the decision is Australia (or you at least want to keep Australia as an option), then you can consider the partner visa. Being in NSW, you can register your relationship which would waive the 12-months requirement. Be aware that registering the relationship is registering with the government that your relationship is equal to being married, so you need to be comfortable making that commitment. Then begin organising your evidence of your partner relationship: joined finances like both names on the lease or joint home ownership, joint bank accounts, joint credit cards - or at a minimum how you financially share the household expenses; social aspects so keep receipts, ask friends and family to make statements about how you two are a genuine and committed couple; household aspects about how you share the household chores, etc. There are lots of threads here and you can find more if you Google, about examples of types of evidence. If you lodge a partner visa application before the baby is born, you will be issued a bridging visa - this normally takes effect when the WHV expires. I'm not sure if it also would immediately take effect when the baby is born (when the WHV is then breached and I assume cancelled), so you may want to invest in a consultation with a migration agent to make sure or perhaps someone else here knows. Another option is to return to the UK to have the baby. The baby would qualify as Australian by descent since his father is Australian. With a child in common and your gathered evidence (plus relationship registration in NSW), you could then apply for the partner visa offshore although you are limited in how much you can be in Australia while waiting for the visa to be granted. Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 5, 2014 Share Posted March 5, 2014 If you follow some of the advice that has been posted you are likely to adopt a less than optimal strategy. May I suggest that you consult a registered migration agent? Quote Link to comment Share on other sites More sharing options...
Melbkitty Posted March 6, 2014 Share Posted March 6, 2014 I agree, would be best to contact a MA in your situation as there might be other avenues open to you. There is a lot of scaremongering on here especially when it comes to pregnancy and temp visas. Things have a way of working out for the best so don't spend your time worrying and celebrate your pregnancy too Quote Link to comment Share on other sites More sharing options...
Guest Posted March 6, 2014 Share Posted March 6, 2014 I agree with the above. Get in touch with a reputable migration agent and discuss things with them. The blurb on the on shore application has me thinking you have avenues open to you once you have your baby (and even before) but let a good agent guide you perhaps. http://www.immi.gov.au/Visas/Pages/801-820.aspx [h=3]Who could get this visa[/h]You must be married or in a de facto relationship with: an Australian citizen an Australian permanent resident an eligible New Zealand citizen. You must be in a genuine and ongoing relationship. You must live with your partner or, if you do not, any separation must be only temporary. Both parties must freely consent to the relationship. You might be able to be granted this visa if: your relationship breaks down and there is a child of the relationship your partner dies and you can show that your relationship would have continued if your partner had lived and you have close business, cultural or personal ties in Australia your relationship breaks down and you or members of your family unit have suffered family violence. [h=4]De facto applicants[/h][h=4]Usually your de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Time spent dating does not count towards a de facto relationship. You can be granted a visa without having been in a de facto relationship for 12 months if: you can demonstrate compelling and compassionate circumstances, such as having dependent children your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was granted, and you told us about the relationship before the visa was granted your de facto relationship has been registered in Australia (this is not available in all states and territories). [/h] Quote Link to comment Share on other sites More sharing options...
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