=Mike=

Hello, I have a query about which type of visa I should apply for.

Am a UK citizen 35yo, met my Australian girlfriend in June 2007 when she
was working here in the UK. We got on really well and she soon moved in
with me, recently we discovered she is pregnant and we are both over the
moon about it.

My partner wants to have the child back home in Sydney and be surrounded
by family and friends, which will be around July 2007. I would like to
move back with her but need to apply for a visa.

I was advised, as the relationship is under 12months I wouldn�¢â�¬â�¢t
be able to apply for a De Facto visa. I could go the skilled migrant
visa, but have been told this may take up to 9 months. This means
I�¢â�¬â�¢d miss the birth of my child.

I could go on a holiday visa, but I would need to work after a short
period of time to finance my GF and child so could apply for a spousal
visa when in Aus. Would prefer not to do this as it would seem
deceitful by visiting on a Holiday visa.

Really don�¢â�¬â�¢t know what to do as there is a deadline for
the birth.

Any advice would be gratefully received.

Iwannabethere

> Hello, I have a query about which type of visa I should apply for.
>
> Am a UK citizen 35yo, met my Australian girlfriend in June 2007 when
> she was working here in the UK. We got on really well and she soon
> moved in with me, recently we discovered she is pregnant and we are
> both over the moon about it.
>
> My partner wants to have the child back home in Sydney and be
> surrounded by family and friends, which will be around July 2007. I
> would like to move back with her but need to apply for a visa.
>
> I was advised, as the relationship is under 12months I wouldn�¢â�¬â�¢t
> be able to apply for a De Facto visa. I could go the skilled migrant
> visa, but have been told this may take up to 9 months. This means
> I�¢â�¬â�¢d miss the birth of my child.
>
> I could go on a holiday visa, but I would need to work after a short
> period of time to finance my GF and child so could apply for a spousal
> visa when in Aus. Would prefer not to do this as it would seem
> deceitful by visiting on a Holiday visa.
>
> Really don�¢â�¬â�¢t know what to do as there is a deadline for
> the birth.
>
> Any advice would be gratefully received.

Congratulations!!!

I am no expert and am happy to be shot down in flames!

You could apply for your skilled visa so that it is a work in progress.
Then near to the birth, apply for a normal ETA which will allow you into
Oz for 3 months (no working rights though). You have to be off-shore
when the skilled visa is awarded but as long as you tell DIMA when you
will be in Oz on the ETA that shouldn't be a problem. You could even
nip over to NZ or KL or similar for a few days while the visa is awarded
and then re-enter to validate it.

I'm sure some of the agents will have more informed advice but this
could be an option and is all above board.

Good luck!

Comet555

> Congratulations!!!
>
> I am no expert and am happy to be shot down in flames!
>
> You could apply for your skilled visa so that it is a work in
> progress. Then near to the birth, apply for a normal ETA which will
> allow you into Oz for 3 months (no working rights though). You have
> to be off-shore when the skilled visa is awarded but as long as you
> tell DIMA when you will be in Oz on the ETA that shouldn't be a
> problem. You could even nip over to NZ or KL or similar for a few
> days while the visa is awarded and then re-enter to validate it.
>
> I'm sure some of the agents will have more informed advice but this
> could be an option and is all above board.
>
> Good luck!

Sorry can't answer your question but just wanted to clear something up.
You say you met in June 2007??? I assume you mean 2006 as you said you
haven't been together for a year yet.

Also while waiting for answers try doing a search as I've seen a lot of
spouse/defacto questions come up.

Westly

> Hello, I have a query about which type of visa I should apply for.
>
> Am a UK citizen 35yo, met my Australian girlfriend in June 2007 when
> she was working here in the UK. We got on really well and she soon
> moved in with me, recently we discovered she is pregnant and we are
> both over the moon about it.
>
> My partner wants to have the child back home in Sydney and be
> surrounded by family and friends, which will be around July 2007. I
> would like to move back with her but need to apply for a visa.
>
> I was advised, as the relationship is under 12months I wouldn�¢â�¬â�¢t
> be able to apply for a De Facto visa. I could go the skilled migrant
> visa, but have been told this may take up to 9 months. This means
> I�¢â�¬â�¢d miss the birth of my child.
>
> I could go on a holiday visa, but I would need to work after a short
> period of time to finance my GF and child so could apply for a spousal
> visa when in Aus. Would prefer not to do this as it would seem
> deceitful by visiting on a Holiday visa.
>
> Really don�¢â�¬â�¢t know what to do as there is a deadline for
> the birth.
>
> Any advice would be gratefully received.

Prospective marriage visa.

Utopia

> Hello, I have a query about which type of visa I should apply for.
>
> Am a UK citizen 35yo, met my Australian girlfriend in June 2007 when
> she was working here in the UK. We got on really well and she soon
> moved in with me, recently we discovered she is pregnant and we are
> both over the moon about it.
>
> My partner wants to have the child back home in Sydney and be
> surrounded by family and friends, which will be around July 2007. I
> would like to move back with her but need to apply for a visa.
>
> I was advised, as the relationship is under 12months I wouldn�¢â�¬â�¢t
> be able to apply for a De Facto visa. I could go the skilled migrant
> visa, but have been told this may take up to 9 months. This means
> I�¢â�¬â�¢d miss the birth of my child.
>
> I could go on a holiday visa, but I would need to work after a short
> period of time to finance my GF and child so could apply for a spousal
> visa when in Aus. Would prefer not to do this as it would seem
> deceitful by visiting on a Holiday visa.
>
> Really don�¢â�¬â�¢t know what to do as there is a deadline for
> the birth.
>
> Any advice would be gratefully received.

Hi Mike,

Sorry if this appears cheeky! But you could always get married to her.
With you both expecting a child as well.... surely that is enough proof
to satisfy a spousal visa.

Not sure if you have thought of this option

Ptlabs

> Prospective marriage visa.

This advice is only valid if the OP plans to marry the partner.

Peter

Jaj

> This advice is only valid if the OP plans to marry the partner.
>
> Peter

And even if he does plan to marry, it may be possible to pursue a
Prospective Marriage visa at the same time as a Skilled Independent
visa. More expensive, but permanent residence can come a lot quicker.

Jaj

> Hello, I have a query about which type of visa I should apply for.
>
> Am a UK citizen 35yo, met my Australian girlfriend in June 2007 when
> she was working here in the UK. We got on really well and she soon
> moved in with me, recently we discovered she is pregnant and we are
> both over the moon about it.
>
> My partner wants to have the child back home in Sydney and be
> surrounded by family and friends, which will be around July 2007. I
> would like to move back with her but need to apply for a visa.
>
> I was advised, as the relationship is under 12months I wouldn�¢â�¬â�¢t
> be able to apply for a De Facto visa. I could go the skilled migrant
> visa, but have been told this may take up to 9 months. This means
> I�¢â�¬â�¢d miss the birth of my child.
>
> I could go on a holiday visa, but I would need to work after a short
> period of time to finance my GF and child so could apply for a spousal
> visa when in Aus. Would prefer not to do this as it would seem
> deceitful by visiting on a Holiday visa.
>
> Really don�¢â�¬â�¢t know what to do as there is a deadline for
> the birth.
>
> Any advice would be gratefully received.

If you are born or naturalised in the UK, then the Australia born child
will automatically be a British citizen (by descent) based on your
status. Even though you are not married to the mother. Just make sure
you are named as father on the child's local birth certificate.

Until recently, a child in this situation would not automatically be
British (and registration with the Home Office was required) but rules
changed on 1 July 2006. So just get the child a British passport once
it arrives.

Plus of course, an Australian citizenship certificate and
Australian passport.

Westly

> This advice is only valid if the OP plans to marry the partner.
>
> Peter

To marry someone you must be a marriage celebrant, presumably you mean
wed. In any case you are wrong. A subclass 300 would solve the stated
problem and it was not advice, it was a comment.

Ptlabs

> To marry someone you must be a marriage celebrant, presumably you mean
> wed. In any case you are wrong. A subclass 300 would solve the stated
> problem and it was not advice, it was a comment.

Westly,

Condition 8519 is a mandatory condition for subclass 300. While
obtaining a subclass 300 visa may solve the immediate problem, if the OP
has no intention to marry the sponsoring partner within the stipulated
timeframe, it's invalid and irresponsible advice from your part.

Finally, check out http://dictionary.reference.com/search?q=marry

As a courtesy to other registered agents and users here, would you mind
going easy with your "you are wrong" one-liners?

Peter