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james81

When to apply?

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I have been in Australia now for approaching 5 years this January, firstly on a working holiday visa (2 years) and then I was sponsored via the 457 route. I have now been with my Australian Fiance for 2-1/2 years and we have lived together for nearly 2 years, we are also expecting our first child together in Feb 2012. My question is, should we apply for a spousal visa now or do it when the baby is born? I'm not sure if there is any benefit of doing it after the baby is born? If we applied now would I go on a temp visa for 2 years or if we waited till the child is born would I get a PR visa straight away? I'm not 100% sure how it works but would like to take the best option for the sake of a few months.

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I have been in Australia now for approaching 5 years this January, firstly on a working holiday visa (2 years) and then I was sponsored via the 457 route. I have now been with my Australian Fiance for 2-1/2 years and we have lived together for nearly 2 years, we are also expecting our first child together in Feb 2012. My question is, should we apply for a spousal visa now or do it when the baby is born? I'm not sure if there is any benefit of doing it after the baby is born? If we applied now would I go on a temp visa for 2 years or if we waited till the child is born would I get a PR visa straight away? I'm not 100% sure how it works but would like to take the best option for the sake of a few months.

 

It would be best for you to wait until after your baby is born - as you may be granted PR straight away without having to wait another 2 years on a TR visa, then having to submit more paper work etc for the PR in 2 years time.

 

ALso as you have been in OZ for 5 years now only need 1 year as PR to gain you Australian Citizenship, which would be best to have since your baby will be an AUstralian Citizen from birth.

 

I would maybe run your case past a RMA Agent just to make sure that you have all the correct information etc so you can go straight to PR, rather than waiting another 2 years on TR visa.

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Guest Guest31881

You have an Australian finance, I believe the child will be Australian, (can also apply for dual UK citizenship) .

 

Therefore baby will not need a visa. only you. Check with an agent. But I am sure that is the way it will work.

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Guest jtrd

I could be mistaken but the child will have very little bearing on your spouse visa as this is related to your relationship with your partner (not child - although you can use your name on the birth certificate as evidence). I think that to go for permanant residency straight away the minimum time of the relationship needs to be 3 years. As I said, I could be mistaken but I don't think so.

 

Best of luck!

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I could be mistaken but the child will have very little bearing on your spouse visa as this is related to your relationship with your partner (not child - although you can use your name on the birth certificate as evidence). I think that to go for permanant residency straight away the minimum time of the relationship needs to be 3 years. As I said, I could be mistaken but I don't think so.

 

Best of luck!

 

http://www.immi.gov.au/migrants/partners/partner/820-801/how-the-visa-works.htm

 

 

However, you may be granted a permanent visa without having to wait if you can demonstrate one of the following:

 

 

  • at the time you apply for the visa, you have been in a married or de facto relationship with your partner for three years or more

  • at the time you apply, you have been in a married or de facto relationship with your partner for two years or more, and there is a dependent child of your relationship

 

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thanks for the replys, it does seem as if its worth waiting until the child is born before submitting the appication. It's strange because I know of a girl from the UK who came here on a working holiday visa, met an Aussie bloke and she was pregnent within 1 month of meeting him and when the child was born she became an Australian Permanent resident straight away after applying. I'm not sure if the rules are different with her being a female and me being male?

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