Rachel Peters Posted August 4, 2014 Share Posted August 4, 2014 hello, I am really in a quandry about getting the right visa to come to live in Australia. My history is I am married to an Australian. We met in 2004 when he was in the uk on and working holiday. When I finished my degree I went to Australia with him in 2007 on a working holiday visa there. We got married in sept 2008. However, after six months I lost my mind a bit n split up with him and in aug 2009 I fell pregnant to a Spanish man. That man in question didnt want anything to do with the pregnancy and me n my husband tried to make another go of it and raise my son together. It didnt really work out, even though he came to the scans and was there for the birth and treated my son as his own. When it came to renewing his visa we didnt have enough documentation to prove we had been living together as a couple (lived with my mother) and he had to return to Australia (Nov 2011). Despite this we have remained in contact daily, he still dotes over my son sending gifts and has helped me out when I have faced financial difficulty. My husband has also been back over to visit in 2011,2012 and last month, staying on average 3-4 weeks and he paid for me and my son to go over there for 4 weeks October 2013. On his most recent visit we decided we want to get back together properly and live and settle down in Australia (WA). I just don't know which route to take visa-wise. I would like to get there asap, even if it means going on a tourist visa and applying on-shore. My only other worry is schooling for my son as he is now four. I even understand I may have to pay international schooling fees, which wouldn't be a problem. Would like to thank anyone who has taken the time to read this, I understand it is complex but if anyone could offer any advice it would be greatly appreciated. Link to comment Share on other sites More sharing options...
bell123321 Posted August 4, 2014 Share Posted August 4, 2014 Sorry wish I could offer advice but think it may be worth you having an initial chat with a migration advisor as it seems it may be complicated. Hopefully someone else will be able to offer a better answer. Link to comment Share on other sites More sharing options...
Sammy1 Posted August 4, 2014 Share Posted August 4, 2014 Contact a migration agent and also start researching if you need the permission of the biological Father of your son to take him abroad to live. Link to comment Share on other sites More sharing options...
Rachel Peters Posted August 4, 2014 Author Share Posted August 4, 2014 thanks. The biological father isn't on the birth cert, that space is left blank so I don,t know if that will have any impact. With an immigration officer will I have to pay upfront for an initial chat on my situation? Link to comment Share on other sites More sharing options...
lebourvellec Posted August 4, 2014 Share Posted August 4, 2014 Your situation is quite complicated and running the full facts of the case to a registered migration agent would be best option. You may need some evidence that the child's biological father has no parental rights. The prob with applying onshore is 6-12 month visitor visas can come with no further stay condition blocking you from applying onshore. A partner visa is the obvious option but would recommend a good RMA process the application if possible. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 4, 2014 Share Posted August 4, 2014 Many RMA will give initial advice free but for full review of you case you may need to pay small fee. Link to comment Share on other sites More sharing options...
Rachel Peters Posted August 4, 2014 Author Share Posted August 4, 2014 thank you for the replies :hug: Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 4, 2014 Share Posted August 4, 2014 You definitely should speak with a migration agent. The biggest hurdle I can see is providing evidence that you and your husband have been in a genuine and ongoing relationship for at least the past 12 months, and that any separation has been unavoidable and temporary. The visa doesn't really fit "getting back together", but a migration agent will give you the best opportunity to present your case in an application. Link to comment Share on other sites More sharing options...
oppyddrum Posted August 5, 2014 Share Posted August 5, 2014 If you have not gotten a divorce, i would expect it to simply be a case of applying for a partner visa... and the kid will be on the application as your child, and his step child. With Legal marriage, i don't think there is much else needed (a la evidence of ongoing relationship). If you divorced him though and now want to get back together, that might be more complicated but then the first place my mind goes to is if you are gonna remarry, then a PMV might be an option... (that does not necessarily happen fast but it is an option) These are just my thoughts, i am sure if i am wrong, someone will point it out soon. PS: i am not a migration agent so i may be talking rubbish. lol Link to comment Share on other sites More sharing options...
Pumpkin Posted August 5, 2014 Share Posted August 5, 2014 If you have not gotten a divorce, i would expect it to simply be a case of applying for a partner visa... and the kid will be on the application as your child, and his step child. With Legal marriage, i don't think there is much else needed (a la evidence of ongoing relationship). If you divorced him though and now want to get back together, that might be more complicated but then the first place my mind goes to is if you are gonna remarry, then a PMV might be an option... (that does not necessarily happen fast but it is an option) These are just my thoughts, i am sure if i am wrong, someone will point it out soon. PS: i am not a migration agent so i may be talking rubbish. lol No I agree, I don't think it is that complicated. Other than for the removal of a child, which could be. Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 5, 2014 Share Posted August 5, 2014 Partner Visas (even when married) require evidence of joint household and joint finances. I agree - your best bet is speaking with a good RMA. Link to comment Share on other sites More sharing options...
Quinkla Posted August 5, 2014 Share Posted August 5, 2014 I'm also not a migration agent. But from what you have posted, you do have evidence of financial commitment and ongoing contact. You have necessarily lived apart as there were issues with visas, but you have been married for 6 years and ought to be able to argue that your relationship does demonstrate continuity and resilience, even if it hasn't been 100% exclusive for the duration. But do talk to an agent who would be able to advise on how to present the information. You may also want to explore adoption arrangements for your son to see whether your husband could legally adopt him either before or after a visa grant. Just a thought. Generally, DIBP want to help families to be together and if your relationship is genuine (albeit somewhat volatile) then I'd hope they would work with you to try to help you both out. Link to comment Share on other sites More sharing options...
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