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Sposal visa 820/801 with expecting child


Fergus Cox

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Hi All ,

 

I am currently in the early days of my 2nd year Work Travelling Visa and found out that my partner, a Pom and permanent Australian resident, is pregnant and will be giving birth in Australia. We are together but havent lived together for 12months nor will we have done so by the end of my current visa. I did some research and saw that I can apply for a defacto visa and that although we havent lived toether for 12months this can be waivered on compassonate grounds. our baby is due in late november when i will have 5months left on my work travelling visa. Would a baby count as compassionate grounds? and at what stage should i apply for the Visa? also any idea of costs? Any help would be greatly appreciated. Many Thanks

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From what I've seen in the past on here having a child does not count as compassionate grounds due to it would be a loop hole lots of people would use to stay. You could both return to the UK (whether you want to or not is another issue, but there is that choice available) and get the necessary time under your belt then apply for a visa. Probably the best thing would be to consult a migration agent and find out your options.

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Hi All ,

 

I am currently in the early days of my 2nd year Work Travelling Visa and found out that my partner, a Pom and permanent Australian resident, is pregnant and will be giving birth in Australia. We are together but havent lived together for 12months nor will we have done so by the end of my current visa. I did some research and saw that I can apply for a defacto visa and that although we havent lived toether for 12months this can be waivered on compassonate grounds. our baby is due in late november when i will have 5months left on my work travelling visa. Would a baby count as compassionate grounds? and at what stage should i apply for the Visa? also any idea of costs? Any help would be greatly appreciated. Many Thanks

Get married or register the relationship. Removes the need for the 12 months cohabitation.

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Depends which state you are residing in. The only issue I want to raise is if you haven't changed visa's once the baby is born I am sure a working holiday visa says no dependents can be in the country at the same time as you, so I am not sure how that would effect you.

 

If you are in a state that lets you register your relationship do that, but maybe consulting a migration expert may be a good idea in this tricky situation.

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AFAIK, the only way to waive the 12 months requirement is either registering the relationship if your state allows this, or getting married. I've never heard of compelling & compassionate situation being enough, and DIBP has historically not considered a child/pregnancy as compelling & compassionate reasons for other visas.

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