Grecia Posted August 21, 2016 Share Posted August 21, 2016 As far as I am aware children born to temp visa holders are not automatically Australian citizens. I stand to be corrected but this is as I believe it. OP says her partner is "from Australia" and his parents live there. What makes you think he isn't an Australian citizen or at least PR? If he is then his child will certainly acquire automatic citizenship. Quote Link to comment Share on other sites More sharing options...
northernbird Posted August 21, 2016 Share Posted August 21, 2016 OP says her partner is "from Australia" and his parents live there. What makes you think he isn't an Australian citizen or at least PR? If he is then his child will certainly acquire automatic citizenship. I missed that bit in the OP, my apologies to the OP. Quote Link to comment Share on other sites More sharing options...
Suziedoll Posted August 21, 2016 Share Posted August 21, 2016 I just didn't want to read and say nothing. I really feel for you. Sending you virtual hugs! Please please tell his folks you need support. They might be more than happy for you guys to stay living with them with baby therefore not wasting money on rent that could go towards sorting out your visa. If you want to chat some more privately or just vent send me a pm. Please take care of yourself and try to de-stress. Starting by telling the in laws, you will feel so much better after that Xoxo Sent from my SM-G920F using Tapatalk Quote Link to comment Share on other sites More sharing options...
newjez Posted August 21, 2016 Share Posted August 21, 2016 (edited) It is nice that no one has been judgemental on this thread. These things happen. No one is to blame. It's important now to find a solution. Some good advice has been offered. Take some time. Draw up your options. Do a bit more research. Pick a path. Close your eyes and see how you feel. If you don't feel relieved, pick another path. Edited August 21, 2016 by newjez Quote Link to comment Share on other sites More sharing options...
Guest Unregistered Posted August 22, 2016 Share Posted August 22, 2016 Im going to write what happened when i went to immigration department on lee street. Spoke to a expert immigration adviser. She said because baby daddy is full true blue australian going back generations baby so baby is his dependant and will not affect my WHV. She told me to concentrate on the baby and stop reading this forum so thank you all and goodbye. I can stay here until July 22nd 2017 so I we have time to decide what we want to do. Quote Link to comment Share on other sites More sharing options...
Guest Posted August 22, 2016 Share Posted August 22, 2016 Im going to write what happened when i went to immigration department on lee street.Spoke to a expert immigration adviser. She said because baby daddy is full true blue australian going back generations baby so baby is his dependant and will not affect my WHV. She told me to concentrate on the baby and stop reading this forum so thank you all and goodbye. I can stay here until July 22nd 2017 so I we have time to decide what we want to do. Glad you sought advice. Hope it is correct and can give you a way forward. I'd still consult a reputable MARA registered migration agent for a consult to go over what you were told and confirm things. With regard to forums, sometimes they can be a huge help in various areas of our lives. Not just for visa info. I joined a pregnancy one when I was expecting my baby and found it really good to be able to chat to others going through the same things as me. Given your situation, I hope you are able to find the help and support you need, be it in the real world or online Good luck. Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 22, 2016 Share Posted August 22, 2016 Glad you sought advice. Hope it is correct and can give you a way forward. I'd still consult a reputable MARA registered migration agent for a consult to go over what you were told and confirm things. . Unfortunately, what she was told isn't correct. Quote Link to comment Share on other sites More sharing options...
Parley Posted August 22, 2016 Share Posted August 22, 2016 They can't be deported in contravention of the Hague convention. The government isn't going to forcefully split up families. Quote Link to comment Share on other sites More sharing options...
Diane Posted August 22, 2016 Share Posted August 22, 2016 I'd have thought to qualify as a family they would at least have to show that they ARE a family....such as by getting married, or registering their relationship officially. Likewise to prove that the child is the father's dependent and not the mother's as the rules do seem to say that someone on a WHV may not have a dependent child with them at any time during the life of their WH visa. But I guess as long as the Immigration Expert put everything in writing..... Quote Link to comment Share on other sites More sharing options...
Guest Unregistered Posted August 22, 2016 Share Posted August 22, 2016 I'd have thought to qualify as a family they would at least have to show that they ARE a family....such as by getting married, or registering their relationship officially. Likewise to prove that the child is the father's dependent and not the mother's as the rules do seem to say that someone on a WHV may not have a dependent child with them at any time during the life of their WH visa. But I guess as long as the Immigration Expert put everything in writing..... This was the official Department of Immigration and Border Protection Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 22, 2016 Share Posted August 22, 2016 This was the official Department of Immigration and Border Protection Who are very well known for getting things wrong. They are there to administer not to adviso on strategy or the ins and outs of various visas. You cannot have a child with you whilst you are on a WHV. Quote Link to comment Share on other sites More sharing options...
newjez Posted August 22, 2016 Share Posted August 22, 2016 I'd have thought to qualify as a family they would at least have to show that they ARE a family....such as by getting married, or registering their relationship officially. Likewise to prove that the child is the father's dependent and not the mother's as the rules do seem to say that someone on a WHV may not have a dependent child with them at any time during the life of their WH visa. But I guess as long as the Immigration Expert put everything in writing..... I would have thought the father would have had to formally adopt considering they have only been together for 2.5 years, and not living together for much of that period. Do they meet the requirements for the definition of de facto? Quote Link to comment Share on other sites More sharing options...
Parley Posted August 22, 2016 Share Posted August 22, 2016 If the father's name is on the birth certificate, I'm sure that would be enough to stop anyone forcibly moving it away from him to another country. Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 22, 2016 Share Posted August 22, 2016 If the father's name is on the birth certificate, I'm sure that would be enough to stop anyone forcibly moving it away from him to another country. Indeed there is no chance of baby being removed ... Quote Link to comment Share on other sites More sharing options...
Parley Posted August 22, 2016 Share Posted August 22, 2016 And by extension mother could not be deported forced to leave baby behind. Quote Link to comment Share on other sites More sharing options...
ramot Posted August 22, 2016 Share Posted August 22, 2016 Mods Is there any way the original post could be put on the ask an agent thread? unregistered as a mother I really hope you sort something out, if my daughter/sons partner was in your position I would do anything to help, so please consider telling your partners mother. Your partner sounds very supportive, but if you were my son's partner I would want to know what was happening so I could take some of the pressure and stress off you both. Please take care of yourself and the baby. Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 22, 2016 Share Posted August 22, 2016 (edited) And by extension mother could not be deported forced to leave baby behind. I am afraid that is not an extension. Everybody needs a visa to be in in Australia and having a baby does not exempt one from that. Would they be so callous to split a mother and Ne w baby up, I would hope not. But Australian immigration has split up families before and indeed if you have ever read Rachel's story on here you will know that they can be brutal. OP does need to sort out the visa situation. Edited August 22, 2016 by Bungo Quote Link to comment Share on other sites More sharing options...
Parley Posted August 22, 2016 Share Posted August 22, 2016 (edited) I would be amazed if they would split up a mother from her baby. It would never happen. Maybe a much older child but more likely the mother would be granted the visa to stay. I think in your example the parents had separated. Edited August 22, 2016 by parleycross Quote Link to comment Share on other sites More sharing options...
Quokka2005 Posted August 22, 2016 Share Posted August 22, 2016 I wouldn't put it past them Quote Link to comment Share on other sites More sharing options...
Diane Posted August 22, 2016 Share Posted August 22, 2016 I wouldn't put it past them So true...we're talking about a department that has condoned all sorts of horrendous abuse after all, run by Dutton.... Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted August 22, 2016 Share Posted August 22, 2016 http://www.iarc.asn.au/ Consider contacting this organisation ... free migration advice for vulnerable people. Best regards. Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted August 22, 2016 Share Posted August 22, 2016 Contact details here: http://www.iarc.asn.au/#contact Quote Link to comment Share on other sites More sharing options...
Parley Posted August 22, 2016 Share Posted August 22, 2016 Does she qualify as a vulnerable person if she is here on a WHV ? I wouldn't have thought so. Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted August 22, 2016 Share Posted August 22, 2016 Does she qualify as a vulnerable person if she is here on a WHV ?I wouldn't have thought so. I respectfully disagree. Best regards. Quote Link to comment Share on other sites More sharing options...
Guest Posted August 22, 2016 Share Posted August 22, 2016 (edited) http://www.iarc.asn.au/ Consider contacting this organisation ... free migration advice for vulnerable people. Best regards. OP, Alan is a very well respected migration agent and I would strongly suggest you take his advice and seek advice from this organisation. I do have concerns that the info you've been given from the immigration department is incorrect and you could find yourself in more strife if you don't seek a second opinion from elsewhere. Immigration are known, as has been said, to give out incorrect info. You only have the word of a person which may not be correct and therefore you would be misinformed. For your own sake, please seek advice from elsewhere, from the link Alan gave or a MARA registered agent who knows the ins and outs of visas. Edited August 22, 2016 by Guest typo Quote Link to comment Share on other sites More sharing options...
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