Help, what is the best way to proceed. Girlfriend Pregnant

[Guest]

Just now, OzzieDreamer said:

Do you happen to know which child visa for the UK it would be? The children would need to be able to go to public/ state school.

Gettjng permission from the bio father may be tricky but may be doable.

Talk to an agent asap and at least find out what your options are for Aus before jumping into moving a pregnant woman and her 3 kids to the UK with you. A move for that many people is such a huge thing and if it's only because you don't qualify for a partner visa there are still other options open to you probably.

You said you plan to propose so a PMV is an option I would hope. Probably also far cheaper overall than the potential costs of moving 5 people to the UK and setting up home there. Also there are children involved and another parent. It's not just happening overnight to remove the, from Australia. 

[Guest]

Just now, OzzieDreamer said:

Snifter, 

The PMV process done offshore takes how long and could I visit in the interim of its possible approval? 

Could I  marry my gf while on a ETA visa and apply for the spousal partner visa onshore and be able to stay in Australia?

I am guessing there are 2 sets of fees if we got the PMV route. 1 for the PMV and another lot for the Partner visa once married?

I and others have said many times in this thread, TALK TO AN AGENT soon to see if you have options and if so, what exactly. A PMV is an off shore visa and people do visit their fiancé/fiancée for a holiday while waiting for the visa to be granted. However, your case isn't so straightforward as you would have not long left after a WHV and also partner having a baby aspect. An agent is really needed to guide you on all this. 

I am unsure if you can marry on an ETA and then remain in Aus to lodge a partner visa application. That is why the PMV is on the visa table I suspect. But an agent can give you proper advice as to how best to proceed or if it's doable. 

People have been getting their PMV's reasonably quickly but again, an agent can give you a good idea of current actual processing times. Yes there are fees for both but iirc it's a much reduced cost for the partner visa off the back of a PMV (unless things have changed in the meantime since I last read up on it all).

[Guest]

15 minutes ago, Quoll said:

But staying isn't looking too realistic an option at the moment.  He doesn't want to overstay because that way he could be denied for several years. 24 weeks is pushing it to be sure but if you're desperate, you're desperate.  I think applying for the PMV and popping over to visit for the birth might be the only option

That is my thinking also re the PMV and going over for the birth. But there are other factors also and an agent is best placed to make an assessment on the case and to advise. This is one of those cases I would say not to be proceeding on unless I had sought advice from a decent agent. Too much at stake. 

[OzzieDreamer]

2 minutes ago, snifter said:

That is my thinking also re the PMV and going over for the birth. But there are other factors also and an agent is best placed to make an assessment on the case and to advise. This is one of those cases I would say not to be proceeding on unless I had sought advice from a decent agent. Too much at stake. 

 Thank you snifter, I  do appreciate your advice very much.

Is there an approved list of rma's I should look at?

[Guest]

Any of those who post on here regularly would be a good starting point 

@Raul Senise  @Alan Collett  @wrussell

[Tulip1]

It seems mighty unfair to even consider moving the children to the U.K. just because the posters visa is about to run out.  Pregnancy or no pregnancy I cannot understand why you've left it until the last minute. Sure you came out to give it a go but you've been living with her almost a year and have done nothing to try and cement your staying there, it doesn't make sense.   You definitely need to consult a migrant agent. By the way, you don't need approval from children to ask your partner to marry you, they are not in charge (what would you do if they said no?) adults decide if they want to marry. 

[Nemesis]

3 hours ago, OzzieDreamer said:

Snifter, 

The PMV process done offshore takes how long and could I visit in the interim of its possible approval? 

Could I  marry my gf while on a ETA visa and apply for the spousal partner visa onshore and be able to stay in Australia?

I am guessing there are 2 sets of fees if we got the PMV route. 1 for the PMV and another lot for the Partner visa once married?

Not sure of the current PMV timeline but yes you can visit while its processing.

You could get married on an eta and then apply for a Partner Visa, but you have no real evidence of the relationship, apart from the pregnancy. Even if you are married you need to show an ongoing commitment - you've already said you have no financial ties or anything. You've alle3gedly been in a relationship for months but have nothing that links you together. One advantage of a PMV is that you are no expected to show too many ties as you haven't yet committed to each other - thats why you thave time on the PMV to marry and build a relationship[ before applying for the actual spouse visa.

At present, apart from having stayed in someone's house and got her pregnant, what tangible evidence do you have to convince DIBP that your relationship is committed, genuine and ongoing?  Sorry to sound blunt, but that's what the case officer is going to look at. They don't deal in  emotions, they deal in hard facts. 

[MaggieMay24]

I agree with Snifter - talk to an agent and see what they recommend.  There's no point bemoaning what you could have or should have done differently, but an agent can give a lot of good advice about what evidence you may be able to pull together to demonstrate a de facto relationship.  It's possible you may need to temporarily leave in order to reach the 12 months of de facto requirement but you need to consider this a long-term project that may have some short-term difficulties (e.g. some time apart).  Rushing into marriage may look more dodgy to DIBP vs. simply going through a de facto path, so discuss this with the agent.

[Samson]

Apply for a partner visa. time they assess you your child will be like 2 years old (Taking 2 years to grant these days?) and according to immi:

Exemptions from the one year relationship requirement

The one-year relationship requirement does not apply if the applicant can establish that:

• there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship

 

[Guest]

44 minutes ago, Samson said:

Apply for a partner visa. time they assess you your child will be like 2 years old (Taking 2 years to grant these days?) and according to immi:

Exemptions from the one year relationship requirement

The one-year relationship requirement does not apply if the applicant can establish that:

• there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship

 

The child is going to be born well after the OP's WHV has expired. 

He really needs to ensure he isn't second guessing or choosing an ill advised option, hence people saying he should consult an agent for his best course of immediate action. Its all well and good saying apply for a partner visa based on the compelling circumstances, but there are many more things to consider and to just go off the immi site without seeking proper advice would be very silly given everything that is at stake. 

 

[Nemesis]

13 hours ago, Samson said:

Apply for a partner visa. time they assess you your child will be like 2 years old (Taking 2 years to grant these days?) and according to immi:

Exemptions from the one year relationship requirement

The one-year relationship requirement does not apply if the applicant can establish that:

• there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship

 

The application has to be valid at the time of application not just at the time of decision which could be years into the future. Sounds like a highly dubious strategy.

The OP needs an agent, asap.