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From uk, married and pregnant to an Australian citizen


Flynster

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Hi,

 

This is my 3rd visit to Perth this year. Been here almost 3 months and due to fly back to uk next week (current visa only allows 3 months stay as I am over 30). I married an Australian resident in May this year with the intention of applying for a partner visa, however, I have 2 teenage sons and we are not yet sure if Australia is where we want to be. To add more confusion, I am now 8 weeks pregnant. We intend to stay in the uk for a month and then return to Perth to make our decision by Christmas, but now I am pregnant I am worried what I would be entitled to in terms of health care etc, the visas alone will cost us all our savings and since I can't work until I get the partner visa things are very tight financially. I'm finding this all very confusing and it's enough to make give up and just stay in the uk - my husband will give up his work and house to be with us, but what a shame that would be.

 

Any advise would really help

 

many thanks

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Hi,

 

This is my 3rd visit to Perth this year. Been here almost 3 months and due to fly back to uk next week (current visa only allows 3 months stay as I am over 30). I married an Australian resident in May this year with the intention of applying for a partner visa, however, I have 2 teenage sons and we are not yet sure if Australia is where we want to be. To add more confusion, I am now 8 weeks pregnant. We intend to stay in the uk for a month and then return to Perth to make our decision by Christmas, but now I am pregnant I am worried what I would be entitled to in terms of health care etc, the visas alone will cost us all our savings and since I can't work until I get the partner visa things are very tight financially. I'm finding this all very confusing and it's enough to make give up and just stay in the uk - my husband will give up his work and house to be with us, but what a shame that would be.

 

Any advise would really help

 

many thanks

 

One I would say to get onto asap, is to make sure that you have the permission of the children's Father to take them to Australia - if this is where you decide to stay. If it is not given, then you will need to go to court.

 

If you apply for the partner visa then you will be able to have the baby here and all medical costs will be covered by medicare (expect the odd scan depending on the location). However, the airlines will not let you fly after a certain amount of time, so figure that into your plans.

 

Good luck.

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Hi,

 

This is my 3rd visit to Perth this year. Been here almost 3 months and due to fly back to uk next week (current visa only allows 3 months stay as I am over 30). I married an Australian resident in May this year with the intention of applying for a partner visa, however, I have 2 teenage sons and we are not yet sure if Australia is where we want to be. To add more confusion, I am now 8 weeks pregnant. We intend to stay in the uk for a month and then return to Perth to make our decision by Christmas, but now I am pregnant I am worried what I would be entitled to in terms of health care etc, the visas alone will cost us all our savings and since I can't work until I get the partner visa things are very tight financially. I'm finding this all very confusing and it's enough to make give up and just stay in the uk - my husband will give up his work and house to be with us, but what a shame that would be.

 

Any advise would really help

 

many thanks

There are huge financial requirements for a UK spouse visa, so unless he is also British it wouldn't be as simple as giving uo job and house.

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Going to cost you whichever way you look at it! As has been said, unless your DH has a UK passport or ancestry visa then being in UK probably isn't going to be that easy at all. He could take a career break and rent out his house in the first instance if he can get a visa/passport.

 

Getting your family to Aus is going to be dependent on their father's permission and, quite honestly, moving teenagers at a crucial point in their education is a huge gamble - wait til they have finished A levels then decide.

 

It might be better for your DH to do the regular tourist trip thing and to arrange things so that he is there for the birth - but it is going to be costly whichever way you look at it. You will most likely get benefits in UK that you probably wouldn't get in Aus and you probably have a family support network there which is worth diamonds especially with an absent spouse.

 

Good luck, doesn't sound like the greatest of timing unfortunately! Hope you can sort out what is going to work for you! But do remember the restrictions on flying long hauls when pregnant!

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On shore partner visa comes with full work rights iirc. Might be worth exploring this to see if it is an option if you do decide to move to Aus and apply for a partner visa.

 

Having said that, if you did go and are pregnant at the time, I am not sure how easy it would be to find a job while pregnant.

 

I do suggest that given your circumstances, if you do decide to move to Aus you at least run your case past a reputable migration agent to be sure of your options.

 

Like Quoll, I do question uprooting teenagers if they are in their GCSE years at school. Or if they are older and not fully dependant on you, this could also change things in terms of them not being able to go with you to Aus. And there is the needing the fathers permission thing too.

 

I wish you the best of luck with whatever you choose to do :)

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I can't work until I get the partner visa

 

Yes you can.

 

Upon lodging a valid onshore partner visa application you would be granted a bridging visa A with work rights, that would take effect when your current visa expires.

 

You could not lodge a valid onshore application if condition 8503 was imposed on your current visa.

 

You could not include your children on an onshore visa application if they were offshore.

 

Children under 18 years of age are taken to be dependants, after that age they could be sponsored as children if they are in full time study and are financially dependent.

 

If you have a child born in Australia s/he would be an Australian citizen by birth. medicare would cover the cost of confinement.

 

May I suggest that you consult a registered migration agent to be clear about your options?

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