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A bit of a background as my circumstances have changed since I last posted.

I'm from the uk, my partner is from Australia Townsville.

We have been together for 2 years, engaged for 1 year and living together in the uk for 7 months - he's on a tier 2 youth mobility visa.

I have a 7 year old son to a previous relationship who has signed a 1229 form to allow my son to move with us.

I'm also pregnant and due in May - completely unexpected lol

So we spoke to a migration Agent about 10 minutes ago from Australia who has gave us some advice, however I'm unsure about whether it is correct advice.

She's said for myself and my son to get a tourist visa over to Aus, so we can have the baby in Aus then meet with her asap so we can lodge an onshore visa - I thought you wasn't allowed to do this as the tourist visa is intended on you going home? 

Edited by Elliejonessxo

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If you spoke with a Registered Migration Agent, then you should probably accept their advice at face value. Do get a second professional opinion if you are uncomfortable with the advice, but it’s unlikely you’ll get more accurate advice crowd sourcing opinion through a forum. 

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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8 hours ago, Elliejonessxo said:

A bit of a background as my circumstances have changed since I last posted.

I'm from the uk, my partner is from Australia Townsville.

We have been together for 2 years, engaged for 1 year and living together in the uk for 7 months - he's on a tier 2 youth mobility visa.

I have a 7 year old son to a previous relationship who has signed a 1229 form to allow my son to move with us.

I'm also pregnant and due in May - completely unexpected lol

So we spoke to a migration Agent about 10 minutes ago from Australia who has gave us some advice, however I'm unsure about whether it is correct advice.

She's said for myself and my son to get a tourist visa over to Aus, so we can have the baby in Aus then meet with her asap so we can lodge an onshore visa - I thought you wasn't allowed to do this as the tourist visa is intended on you going home? 

Try ringing a couple of agents and see if you get the same response from them. Most offer a quick ''point in the right direction' free of charge, so you should get the general idea of what path to follow.  Make sure they are MARA registered too.

   Good luck with everything

 Cal x

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If you don't go after what you want, you'll never have it. If you don't ask, the answer is always no. If you don't step forward, you're always in the same place...

If you get a chance,take it, If it changes your life,let it. Nobody said it would be easy they just said it would be worth it...

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14 hours ago, calNgary said:

Try ringing a couple of agents and see if you get the same response from them. Most offer a quick ''point in the right direction' free of charge, so you should get the general idea of what path to follow.  Make sure they are MARA registered too.

   Good luck with everything

 Cal x

Yes I spoke to another agent today and they're saying its fine as long as I declare on the flight card that I intend to go home, but then say I changed my mind whilst I was there x

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17 hours ago, paulhand said:

If you spoke with a Registered Migration Agent, then you should probably accept their advice at face value. Do get a second professional opinion if you are uncomfortable with the advice, but it’s unlikely you’ll get more accurate advice crowd sourcing opinion through a forum. 

Yes I spoke to another agent today who recommended the same thing. I guess I was just hoping to hear a story from another person who has gone through this.

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You should consider whether an airline will let you fly that distance in your latter stage of pregnancy. And will you be covered by Medicare for the birth of your baby if your visa is not lodged in time? Do you have all the support you will need, both financial and emotional, in Australia? There are many things to think about before booking your tickets, regardless of what anyone advises you. Don't be too eager to rush the process without first being fully informed of your options and any possible complications.

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If you get a visa with no further stay then you're screwed. Why would you not want to have your baby in UK where you are assured of Good  free medical cover and initial extended family support? Are you comfortable lying to Immigration? It's going to look dodgy that you rock up at the end of your pregnancy and say you're going home when Blind Freddie can see that you're unlikely to get an airline to fly you anywhere. Why the rush? 

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It is not illegal to arrive on a tourist visa and then apply for a partner visa once you're in Australia.   At the airport, Immigration officials just need to feel confident that you won't overstay the terms of your visa.   The risk, as others have mentioned, is that the official might take one look at you and think, "but by the time her visa expires, she won't be allowed on a plane, so there's something fishy going on here". 

Is there a reason you're in a rush to move to Australia?    It doesn't matter where your baby is born.  Because his father is an Australian citizen, you'll just need to apply for citizenship for the baby once it's born, and it's pretty straightforward to do.

Having a baby is an exciting but stressful experience and I agree with everyone else - it will be much easier for you to have it in the UK where you're on familiar home territory.  And it will all be free, which may not be the case in Australia.  

https://immi.homeaffairs.gov.au/change-in-situation/had-a-baby

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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1 hour ago, mrsmac said:

You should consider whether an airline will let you fly that distance in your latter stage of pregnancy. And will you be covered by Medicare for the birth of your baby if your visa is not lodged in time? Do you have all the support you will need, both financial and emotional, in Australia? There are many things to think about before booking your tickets, regardless of what anyone advises you. Don't be too eager to rush the process without first being fully informed of your options and any possible complications.

Hi, I’ve not said that’s what I’m going to do. It’s just what she recommended. There is a reciprocal agreement Between aus and the uk over Medicare and the nhs so I would get the same healthcare except an ambulance ride. 
I’m not prepared to go over whilst I’m pregnant it’s something I would rather do after our baby has arrived and I’ve finished maternity leave over here. However our financial stability and emotional support is in Australia. 
But thank you for your concern it’s really appreciated. 

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49 minutes ago, Quoll said:

If you get a visa with no further stay then you're screwed. Why would you not want to have your baby in UK where you are assured of Good  free medical cover and initial extended family support? Are you comfortable lying to Immigration? It's going to look dodgy that you rock up at the end of your pregnancy and say you're going home when Blind Freddie can see that you're unlikely to get an airline to fly you anywhere. Why the rush? 

Like I said above, I never said I wasn’t going to have my baby in the uk. However it is still free over in Australia because of the reciprocal agreement they hold with each other.

This was advice recommended by a migration agent not what has came out of my mouth. 
 

I just simply asked if the advice sounded correct. There’s no need to come across rude and judgmental.

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14 minutes ago, Marisawright said:

It is not illegal to arrive on a tourist visa and then apply for a partner visa once you're in Australia.   At the airport, Immigration officials just need to feel confident that you won't overstay the terms of your visa.   The risk, as others have mentioned, is that the official might take one look at you and think, "but by the time her visa expires, she won't be allowed on a plane, so there's something fishy going on here". 

Is there a reason you're in a rush to move to Australia?    It doesn't matter where your baby is born.  Because his father is an Australian citizen, you'll just need to apply for citizenship for the baby once it's born, and it's pretty straightforward to do.

Having a baby is an exciting but stressful experience and I agree with everyone else - it will be much easier for you to have it in the UK where you're on familiar home territory.  And it will all be free, which may not be the case in Australia.  

https://immi.homeaffairs.gov.au/change-in-situation/had-a-baby

Hi, yes all I wanted to know was whether the advice she gave sounded correct or not. I’ve not said I’m having my baby in Australia - which is something I’m not wanting to do. 
But thank you for your advice it’s much appreciated.

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1 hour ago, Elliejonessxo said:

Hi, yes all I wanted to know was whether the advice she gave sounded correct or not. I’ve not said I’m having my baby in Australia - which is something I’m not wanting to do. 
But thank you for your advice it’s much appreciated.

It used to be that they took a dim view of flying over on a tourist visa and then applying for another visa, and that's why you've got some really negative comments.  It's something that a lot of people do now and Immigration officials are told to let people through.  All they have to consider is, "when this person applies for another visa, if they are rejected, are they likely to stay illegally?".   That's the only reason it might be a bit dodgy in your case, because partner visas have a high refusal rate and they might feel you had a strong incentive to stay illegally since your partner is Australian.

In your shoes, I think I'd be applying for the partner visa now, have the baby and move once the visa is safely through. I know it's a long wait but it will be worth it. 

 

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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I think Paul (who is a migration agent) said it in the first reply - you're not going to get expert advice by asking people on a forum.  I think you're right to consider travelling after the baby is born, but health care isn't as free as in the UK (you're entitled to medically necessary care and some medications at the PBS rate under the reciprocal arrangement).  GP's are not all bulk billing for adults,  so you may have to pay to see a Dr.  Some blood tests e.g. are not free (most common ones are) and there are no free medications (even for children).

I think Marisa has given good advice in that you should apply for your partner visa now.  Also consider - once you move does your partner meet the required criteria should you both wish to return to the UK? 

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