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Advice needed! Pregnant on a Student Visa - Australian father


LauraH

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With all due respect to other posters.......it is not impossible to get a spouse visa, on de facto grounds, while he is still living with his wife. As I said it would be difficult, but not impossible.

There would need to be considerable proof that he and his wife lived separate lives, had separate finances and were only together in the same house as house-mates - fo financial reasons, for the kids etc.

There would also need to be considerable proof of a shared life between the OP and her partner. - shared finances, him spending time at her house, shared events/invitations/holidays etc

They would also need to convince DIBP of their intention to move in together and start a life living together as a married couple once the visa was granted.

 

I used to think it was impossible but it isn't. I investigated a situation a few years ago where both parties were married to other people, both marriages were over in all but name. One couple was still together because they had to wait for their lease to expire before they could move, the other couple for visa reasons - if he had moved out he would have had to leave the country.

 

Two separate, well-respected, MARA agents said that the case was tricky but not impossible. A de facto couple does not have to have the 12 months living together if there are good reasons for living apart.

 

I'm not saying it would work in this case, I don't know all the facts and I am not an agent - if the OP wanted to investigate the route she needs good professional help, but it is worth bearing in mind that there are reasons why a couple cannot ive together, and DIBP may well listen in unusual circumstances if the evidence is good enough.

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My son is a uni student and only attends 2 days per week.

Most secondary courses are not exactly full time commitments anyway.

Classes may only be 8 hours or so per week depending on the course and how many subjects being studied etc.

 

It is different for international students, they must study a full load which means a full time commitment. However, there are compassionate grounds available where the load can be reduced.

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Rachel our family court bill reached $230,000 before we gave up. It wiped us out totally, all our retirement money gone trying to help our daughter and we got nowhere. The only people who won were the lawyer. The emotional strain of family court is beyond anything anyone could imagine in there worst nightmare.

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The guys I was at Uni with would all have been kicked out.:laugh: I thought most "classes" these days were on-line anyway. The campus's look pretty quite.

International students cannot come to australia and choose to study online...they must attend the classes to keep their visa. I know the education department at USyd is very strict with attendance of international students (they have conversations with any visa student who misses a single class). Unless the baby is born during break a single fortnight is all you can expect to miss class for and still keep a visa

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It is different for international students, they must study a full load which means a full time commitment. However, there are compassionate grounds available where the load can be reduced.

Although full time doesn't mean full time like you'd think. My full time course when I was on a student visa was three days per week.

 

And to someone else's question, no it can't be online.

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I thought I'd read a post from a migration agent that it's possible to apply for a break from university due to delivery of a baby without risking loss of the visa, however I assume it's only a few months. This is something the OP should look into if she wants to weigh up all her options.

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International students cannot come to australia and choose to study online...they must attend the classes to keep their visa. I know the education department at USyd is very strict with attendance of international students (they have conversations with any visa student who misses a single class). Unless the baby is born during break a single fortnight is all you can expect to miss class for and still keep a visa

 

That sounds like a good rule to me. The degree I did in the UK was a joke, we had and African guy who used to sit with his feet on the desk with no shoes on in lectures. He didn't attend after the first couple of weeks for ages, everyone thought he had just quite. Then he just rolled up for a maths lecture about 2 months later and was really put out when the lecturer told him that wasn't on and go and see the course head. Course head told him it was fine and to carry on, must have been paying a full fee I guess. We had about 10 Iranian and 2 Iraqi students on the course, it was during the Iraq/Iran war so they didn't speak to each other very much.

 

We had 40 in the class in the first year and 20 failed, including the African guy. A lot of the foreigners were there only to keep them away from a war for a year or so, a couple of them transferred to another Uni and a few more to a HTC course. As long as they were paying no-one gave a stuff whether they turned up for lectures or not. Those were days of 3 hour exams at the end of the year though, that you had to pass, 3 x 3 hour in the first week of exams and 4 x 3hr the second week. Came as a shock to a lot when they got kicked off. These days you take "modules" or whatever they are called, continual assessment, ability to defer stuff 'cos you feel a bit stressed, have a year break to "go travelling". :wink:

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On my course there was one Indian lad who when pulled in by my lecturers for not doing assignments actually said 'I've paid a lot of money for this course. I shouldn't have to do assignments'!

Then there were those who blatantly cheated in the tests. I complained about that one, only to be told that they couldn't do anything unless the lecturer saw it. Next time it happened (it was a test where you had to move around the room' I wrote a note and put it in front of the lecturer saying '(-their names- have the answers on a chair by the door. Watch'. She did. They made them redo the test, but didn't tell them it was because they were caught cheating and they did it again on the retake! Total joke. Another complaint as they had seen it, nothing done. My qualification is basically worthless because they let people cheat who have no clue about any of it.

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On my course there was one Indian lad who when pulled in by my lecturers for not doing assignments actually said 'I've paid a lot of money for this course. I shouldn't have to do assignments'!

Then there were those who blatantly cheated in the tests. I complained about that one, only to be told that they couldn't do anything unless the lecturer saw it. Next time it happened (it was a test where you had to move around the room' I wrote a note and put it in front of the lecturer saying '(-their names- have the answers on a chair by the door. Watch'. She did. They made them redo the test, but didn't tell them it was because they were caught cheating and they did it again on the retake! Total joke. Another complaint as they had seen it, nothing done. My qualification is basically worthless because they let people cheat who have no clue about any of it.

 

I think my sons would say the same. They both had group assessments and when half of the group couldn't speak English and half of the remaining half were stoned out of their brains they found themselves doing all the work or getting a bad grade. They weren't impressed!

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On my course there was one Indian lad who when pulled in by my lecturers for not doing assignments actually said 'I've paid a lot of money for this course. I shouldn't have to do assignments'!

Then there were those who blatantly cheated in the tests. I complained about that one, only to be told that they couldn't do anything unless the lecturer saw it. Next time it happened (it was a test where you had to move around the room' I wrote a note and put it in front of the lecturer saying '(-their names- have the answers on a chair by the door. Watch'. She did. They made them redo the test, but didn't tell them it was because they were caught cheating and they did it again on the retake! Total joke. Another complaint as they had seen it, nothing done. My qualification is basically worthless because they let people cheat who have no clue about any of it.

 

We had personal tutors assigned you could go and have a chat with if you were really struggling. Mine was one of the maths lecturers who was a really interesting guy and a great lecturer who made maths fun. I didn't believe it could be done.:laugh: he was in his late 50's and had started working life as a scientist and had worked for NASA at one point. I started going for a beer with him sometimes as I was a "mature student" and about 10 years older than most others. He told me that a lot of lecturers knew that a lot of the foreign students cheated and copied, they had reported it and basically been told to pull their heads in and ignore it and not make a fuss. He was just going with the flow, waiting for retirement.

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I think my sons would say the same. They both had group assessments and when half of the group couldn't speak English and half of the remaining half were stoned out of their brains they found themselves doing all the work or getting a bad grade. They weren't impressed!

 

I think there are some courses (mine was an Engineering/Computer Science degree) that wouldn't exist if it wasn't for the money coming in from foreign students. A lot of the courses cost a lot to run. They don't want to kill the fatted calf. It's a pity that education ever got to be called an industry and just seen like any other industry, a money making tool.

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I think there are some courses (mine was an Engineering/Computer Science degree) that wouldn't exist if it wasn't for the money coming in from foreign students. A lot of the courses cost a lot to run. They don't want to kill the fatted calf. It's a pity that education ever got to be called an industry and just seen like any other industry, a money making tool.

Yup, a cash cow! When I think of the rigor of my own degree nearly half a century ago .... Shame really.

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