Bridging Visa A from the UK for a 820 partner visa to live in Australia but broken down and have a baby

[Liam Q]

Hi Guys,

I'm seeing what rights I may have with being from the UK on a bridging visa for a partner visa (820) to live in Australia full time , relationship has broken down due to no fault of my own apart from my partners and we have a baby together. 

I want to be able to live here with my son and seeing what rights and where do I go from here .

As much help as possible would be great

[paulhand]

This is too complex for forum advice ... I would get some professional assistance to review your options. 

[rammygirl]

Second that. Too important to get wrong. 

[Liam Q]

Financially not in a situation for that.  Heartbreaking 

[Quoll]

Just being the parent of an Australian child doesn’t confer a “right” to remain. Talking to an agent is really your best bet before immigration is alerted to the break down in your relationship and you get your marching orders with days to leave. 

[Amber Snowball]

5 hours ago, Liam Q said:

Financially not in a situation for that.  Heartbreaking 

Maybe contact Paul above for an initial consult to see if there is a way forward. It might be a free chat or just a nominal amount but worth it to see if you have any options. You don’t have to sign up for the full service straight away.

It’s a bit of a complex situation for a forum of well meaning amateurs!

Good luck, I hope it works out for you. 

[Raul Senise]

15 hours ago, Liam Q said:

Hi Guys,

I'm seeing what rights I may have with being from the UK on a bridging visa for a partner visa (820) to live in Australia full time , relationship has broken down due to no fault of my own apart from my partners and we have a baby together. 

I want to be able to live here with my son and seeing what rights and where do I go from here .

As much help as possible would be great

A positive visa outcome may still be possible depending on the specifics and custody arrangements of the child.

[Marisawright]

15 hours ago, Liam Q said:

Financially not in a situation for that.  Heartbreaking 

Any good agent will give you a free initial consultation, where you'll get useful advice.  Then they'll give you a quote, you can decide how much help you want from them and pay accordingly. Silly not to take advantage of that.

Edited September 2, 2020 by Marisawright

[MacGyver]

1 hour ago, Marisawright said:

Any good agent will give you a free initial consultation, where you'll get useful advice.  Then they'll give you a quote, you can decide how much help you want from them and pay accordingly. Silly not to take advantage of that.

Agreed re the free initial consultation and I think on this forum we should point people to agents that offer this (seemingly not all do). Thats why I will continue to recommend Raul and WRussel

[Raul Senise]

1 hour ago, Marisawright said:

Any good agent will give you a free initial consultation, where you'll get useful advice.  Then they'll give you a quote, you can decide how much help you want from them and pay accordingly. Silly not to take advantage of that.

 

4 minutes ago, MacGyver said:

Agreed re the free initial consultation and I think on this forum we should point people to agents that offer this (seemingly not all do). Thats why I will continue to recommend Raul and WRussel

I am thankful for your recommendations and although I often help with general enquiries for free, I do not offer free consultations and assessments. 

There are three main reasons for this:

1) The regulations have become far more complex over the last few years and even basic assessments require at least an hour or two of research to provide reliable advice;

2) A Registered Agent is liable for specific advice given, even if no money has changed hands;

3) If I were to give free assessments and consultations I would have time for nothing else. 

[MacGyver]

4 minutes ago, Raul Senise said:

 

I am thankful for your recommendations and although I often help with general enquiries for free, I do not offer free consultations and assessments. 

There are three main reasons for this:

1) The regulations have become far more complex over the last few years and even basic assessments require at least an hour or two of research to provide reliable advice;

2) A Registered Agent is liable for specific advice given, even if no money has changed hands;

3) If I were to give free assessments and consultations I would have time for nothing else. 

Thanks for correcting my post and explaining Raul, apologies for the misinformation

[Liam Q]

This is the thing . I need to find someone that is willing to help me as a good will as I'm not in q situation to pay money . Very impossible to find so feel preety stuck and trapped if I'm honest 

[MaggieMay24]

A consultation may still be worth the investment so you get a better picture of what your options are.

[Toots]

2 hours ago, Liam Q said:

This is the thing . I need to find someone that is willing to help me as a good will as I'm not in q situation to pay money . Very impossible to find so feel preety stuck and trapped if I'm honest 

You could try a Citizens Advice Bureau.  They probably don't deal with your particular problem but may be worth a try.

"Citizens Advice service's work involves providing advice on issues such as debt management and welfare benefits, housing, immigration and asylum, employment, consumer complaints and landlord-tenant disputes."

[Tulip1]

3 hours ago, Liam Q said:

This is the thing . I need to find someone that is willing to help me as a good will as I'm not in q situation to pay money . Very impossible to find so feel preety stuck and trapped if I'm honest 

You need professional advice. It’s not reasonable to expect any migrant agent to help you for free, they have a living to earn just as we all do.  You need to know if there’s anyway you can remain in Australia. They can answer that so paying out a small sum for a consultation is your best way. The alternative looks like you’ll be leaving the country. You’d be wise to try and borrow a few hundred quid from family or friends if you really are that stuck. Good luck. 

[Quinkla]

You need to try to find a way to stay for the sake of your child - kids need to know that their parents haven't abandoned them even if they cannot live together. If you can't afford an agent, could your ex-partner or her family help? This is a shared problem, not just your problem.

[Liam Q]

I have spoken with illawarra legal aid and a lawyer called ann woods . She says to me because my son was born here he is a Australian citizen , she also stated that as his father my name is on the birth certificate also I did a DNA test too just to add on to show I am the father .

 

She says do a Australian federal police check certificate and with being from the UK a police check.  If I prove these 2 checks with no criminal records and my birth certificate this would give me automatic residency 

[Toots]

23 minutes ago, Liam Q said:

I have spoken with illawarra legal aid and a lawyer called ann woods . She says to me because my son was born here he is a Australian citizen , she also stated that as his father my name is on the birth certificate also I did a DNA test too just to add on to show I am the father .

 

She says do a Australian federal police check certificate and with being from the UK a police check.  If I prove these 2 checks with no criminal records and my birth certificate this would give me automatic residency 

Good luck with it all Liam.  Hope it all works out for you.

[AJ]

43 minutes ago, Liam Q said:

I have spoken with illawarra legal aid and a lawyer called ann woods . She says to me because my son was born here he is a Australian citizen , she also stated that as his father my name is on the birth certificate also I did a DNA test too just to add on to show I am the father .

 

She says do a Australian federal police check certificate and with being from the UK a police check.  If I prove these 2 checks with no criminal records and my birth certificate this would give me automatic residency 

Would you not have to be sponsored for a parent visa?  

[Liam Q]

Nope . I explained my full information.

[Toots]

1 hour ago, Liam Q said:

I have spoken with illawarra legal aid and a lawyer called ann woods . She says to me because my son was born here he is a Australian citizen , she also stated that as his father my name is on the birth certificate also I did a DNA test too just to add on to show I am the father .

 

She says do a Australian federal police check certificate and with being from the UK a police check.  If I prove these 2 checks with no criminal records and my birth certificate this would give me automatic residency 

Liam, I think a migration agent would give you better advice than a lawyer.  I found this information.

Parents who separate

The situation can get complicated if a migrant on a temporary visa has a baby with an Australian partner and they then separate.  While the baby is deemed an Australian citizen, if the couple split up then the foreign parent does not have a legal automatic right to stay in Australia.  This can ultimately mean they can't stay with their child.  The Immigration Minister makes the decision as to whether to grant the foreign parent a permanent visa.  Waiting for this decision can be protracted and stressful with a worst case scenario of a parent being forced to leave the country and their child.

So it looks like it isn't up to the lawyer to say whether or not you will be granted residency but it is up to the Immigration Minister.

[Liam Q]

This isn't mentally healthy at all , especially when already in the process of getting my own place for me and my son 

[Quinkla]

According to the Immi website:

Quote

 

You have a child with your sponsor

If your relationship ends and you have parental responsibility for at least one child under 18 years, you may still get a Partner visa if:

• you have applied for, or you have been granted a temporary Partner (subclass 820) visa in Australia, or you came to Australia as the holder of a provisional Partner (subclass 309) visa
• your relationship has ended
• you have access to and/or responsibility for the child

 

https://immi.homeaffairs.gov.au/change-in-situation/relationship-ended

 

This doesn't look like it's automatic but it does look hopeful. It really would be worth investing in professional advice because if you stuff this up, it will be devastating for you and your child. 

[Quoll]

Dont think your residency is by any means automatic unfortunately and you never know what dirty tricks your ex is likely to play.  Just having a child with an Australian citizen is no guarantee that you will be able to stay otherwise that would open a big pandora's box and everyone would be doing it.  Lots of people in this situation have had to leave in the past so there is no telling, it will be up to the Minister to decide.

[Liam Q]

Hey guys so seeing if anyone could give me some answers if possible.  

So my 820 partner visa has broken down and no longer in a relationship.  I have spoken to a immigration lawyer and she told me to do the following , my son's birth certificate,  UK police certificate and Australian Police certificate , a statutory declaration from my ex partner with all details on and also a parental plan going forward.  I have sent them to immigrating by a partner visa email with all attachments and information to be very clear I will be part of my son's life,  I also did the online form of 1022 of notifications of changes of circumstances in relationship . Has anyone gone down this avenue before? 

 

I'm just seeing what happens next and when immigration will get in touch with me and what happens from here