Aussie Partner Visa For Pregnant Wife. Doctor Said Cant Fly.

[krisb]

Ok, the wifes 7 months pregnant. She cant fly anymore. Her fiancee visa expires in 7 weeks and Im still putting the papers together for her Partner visa. Talk about leaving the homework to last minute deal.

Im sure they will approve it before her current visa expires, Im sending it all in this week.

The immigration website says 1 time frame but its not that long.

How long does it take in anyone elses experience?

also, what would happen if they said no but she cant fly?

[David48]

To krisb ... would love to know more about your situation.

Since the Prospective Marriage Visa (Subclass 300) is valid for 9 months, your partner must have been pregnant before she came to Australia ... right?

Any Visa over 3 months in duration require an X-Ray for medical clearance.

Presuming that the X-Ray was done not long before travelling to Australia ... did you not check that she was pregnant before having the X-Ray.

Some thoughts about your question about what happens if the Visa expires and your partner can not fly.

While it's not convenient, flying is not the only way to exit Australia.

If you do decide to have the Baby in Australia, you know that Medicare will not cover the birth costs which can quickly become thousands of dollars and if the baby is premature ... those cots can be upwards of a $1,000 a day.

Really interested in what happens in your case … so please update your post regularly.

[krisb]

Hi David,

She got here on the fiancee visa back in february this year and her visa expires in november. She became pregnant in early march. So now shes 7months and the doctor said last week for flying is end of september,

We are having the baby in Australia. So far it has been relatively inexpensive perhaps 1500$ at a guess, and thats several GP visits, blood tests, scans of the baby and last week we got her first hospital visit done meeting the midwife etc.

Once we get a conformation email sent from the immigration dept here in Aus, she is 100% eligible for Medicare and all its benefits just like any of us Aussies get including having a baby. She more than likely is eligible for the baby bonus also..but thats another story.

My main questions are really.

1..How long after submitting the partner visa form is the time wait? and its not the 1 year stated on immigration website.

2..What would happen if they said no and she cant fly? surely surely they wouldnt make her take a cruise boat home this pregnant?

David stay tuned and I'll give you the update

[Elwood62]

what we have been told is about 6 months for a decision but this will depend on circumstances of each couple so could be 5 months could be about 1 year

[krisb]

what we have been told is about 6 months for a decision but this will depend on circumstances of each couple so could be 5 months could be about 1 year

perhaps for the "actual" visa but they give a bridging visa until that comes through so basically she doesnt have to go home again. once the bridging visa is issued then medicare eligible comes into it also. Edited October 7, 2012 by krisb

[David48]

Something I don't understand is the timing of some events.

In your OP you state that you and your partner are married (officially I presume) yet you have a Prospective Marriage Visa (Subclass 300) ... right?

So are you officially married or simply engaged?

Did you marry here in Australia after entering on the 300 Visa?

If you haven’t married, do you intend to apply under the de-facto partner guidelines?

Thanks

[krisb]

Something I don't understand is the timing of some events.

In your OP you state that you and your partner are married (officially I presume) yet you have a Prospective Marriage Visa (Subclass 300) ... right?

So are you officially married or simply engaged?

Did you marry here in Australia after entering on the 300 Visa?

If you haven’t married, do you intend to apply under the de-facto partner guidelines?

Thanks

She entered australia in Feb this year on the 300visa, (which expires in November), as my fiancee then we married here in Aus in July and yes its an official/legal wedding.

Now we are married, its get the next visa which is the partner visa.

[Maestro]

...My main questions are really.

1..How long after submitting the partner visa form is the time wait? and its not the 1 year stated on immigration website.

2..What would happen if they said no and she cant fly? surely surely they wouldnt make her take a cruise boat home this pregnant?...

Who are "they" in your question "What would happen if they said no and she cant fly?".

You are asking the question in the context of how long it takes for the visa to get approved. I believe that the embassy has no say in whether a pregnant woman is allowed to fly or not. Your wife's doctor has already said that he does not allow your wife to fly, but he has no way of physically stopping her. This leaves the airline. Ask them and see what they say.

Preliminary information here: http://answers.yahoo.com/question/index?qid=20080927200911AAWB9bV

[David48]

^^ Some really good information there ...

An article written by the wife of a pilot who travels regularly while pregnant and currently is expecting her 4th child.

Many Airlines terms and conditions of travel do not allow the passenger to travel after 7 months, and some require a medical clearance at that stage.

The 'they' that the OP refers to could most likely be the Aust. Dept of Immigration.

The OP is clearly trying to 'test' the system and it will be interesting to discover the result.

Sadly, one outcome could be that the Lady in question remains in Australia, has her baby here, her request for a new Visa is denied and she is forced to leave the country and potentially faces complications while applying for further Visas.

[David48]

Some information from the Australian Government's Department of Immigration which may help is ...

Expired Visas

Under the Migration Act 1958 (the Act), if your visa expires while you are still in Australia, you become an 'unlawful non-citizen'. The Act provides that if you have no entitlement to remain in Australia, you may be detained and removed from Australia as soon as practical.

Compliance officers locate people who have become 'unlawful non-citizens' or who are commonly known as 'overstayers'. If there is no legal entitlement for them to remain, they are expected to depart Australia.

If you become aware that you are an 'unlawful non-citizen' you should take immediate steps to regularise your status (you may wish to seek legal advice), or you should make immediate arrangements to depart and contact the compliance section of your nearest departmental office with evidence of your departure booking.

If you are eligible, a departmental officer will grant you a bridging visa to give you lawful status for a short time. The bridging visa provides an opportunity to organise your personal affairs before departure or to lodge an application for a new visa, if this is an option for you.

To the OP, have you enquired about the above?

[krisb]

^^ Some really good information there ...

An article written by the wife of a pilot who travels regularly while pregnant and currently is expecting her 4th child.

Many Airlines terms and conditions of travel do not allow the passenger to travel after 7 months, and some require a medical clearance at that stage.

The 'they' that the OP refers to could most likely be the Aust. Dept of Immigration.

The OP is clearly trying to 'test' the system and it will be interesting to discover the result.

Sadly, one outcome could be that the Lady in question remains in Australia, has her baby here, her request for a new Visa is denied and she is forced to leave the country and potentially faces complications while applying for further Visas.

Ok the "they" I am talking about is the same your talking about David.

No Im not testing the the system,what makes you think that? no her visa wont be denied Id put money on it. Why would they?

It states on the dept imm website the time to process the partner visa is actually longer than any visas the dept could have issued for her to be here in the 1st place...Therefore an example would be, my mate who has a Thai girl here and her son on a fiancee visa and her son goes to school here. Now the fiancee300 is a 9 month visa, and to get the next visa which is the partner visa takes a year so the dept website says. It doesnt take that long because why would they issue a visa allowing a young boy to move to another country, school here for 9 months then leave and have to go home? The 300fiancee is designed so they dont have to go home, so,

a bridging visa will be issued to carry through until the partner visa is issued. This bridging visa has all the same things a partner visa carries ie medicare. More than 1 bridging visa can be issued.

Nothing to do with "testing" any systems David.

Edited October 9, 2012 by krisb

[electau]

Read this.

http://www.immi.gov.au/migrants/family/family-visas-partner.htm

While the 820 visa is being processed the 300 visa is still valid.

[David48]

Read this.

http://www.immi.gov.au/migrants/family/family-visas-partner.htm

While the 820 visa is being processed the 300 visa is still valid.

Thanks for that ... I have read it, but I interpret it differently to you.

But thanks for the link.

.

[David48]

a bridging visa will be issued to carry through until the partner visa is issued. This bridging visa has all the same things a partner visa carries ie medicare. More than 1 bridging visa can be issued.

Mate, wishing you well with everything.

Keep the Forum posted as your experiences, granting, refusal and delays for Visa all educate us.

[krisb]

Read this.

http://www.immi.gov.au/migrants/family/family-visas-partner.htm

While the 820 visa is being processed the 300 visa is still valid.

Thanks for that ... I have read it, but I interpret it differently to you.

But thanks for the link.

.

It is still valid due to the bridging visa.

Heres what a chap at dept imm just told me..

Bridging visa is issued within a couple of weeks from submitting the paperwork which by the way is basically if not identical to the same questions asked for the 300fiancee visa.

I asked him what happens regarding my wife and being pregnant and she cant fly home?

He said we will get the bridge done sooner in that case.

Problem solved!

Edited October 10, 2012 by krisb

[electau]

The bridging visa is required because she is flying out of Australia for a short period.

http://www.immi.gov.au/allforms/bridging.htm

[David48]

Read this.

http://www.immi.gov.au/migrants/family/family-visas-partner.htm

While the 820 visa is being processed the 300 visa is still valid.

Thanks for that ... I have read it, but I interpret it differently to you.

But thanks for the link.

.

It is still valid due to the bridging visa.

Heres what a chap at dept imm just told me..

Bridging visa is issued within a couple of weeks from submitting the paperwork which by the way is basically if not identical to the same questions asked for the 300fiancee visa.

I asked him what happens regarding my wife and being pregnant and she cant fly home?

He said we will get the bridge done sooner in that case.

Problem solved!

Great result and wishing you well with the Partner Visa.

Please update this post if you can with new information.

.

[krisb]

The bridging visa is required because she is flying out of Australia for a short period.

http://www.immi.gov....ms/bridging.htm

In this case its no shes not. Although with bridge visa she can fly in and out as much as she wants.

To be issued with a partner visa, the applicant must be on Australian soil. If she wasnt, then a further bridging visa can be issued.(as told by dept imm).

The bridging visa is issued so that the applicant doesnt have to go home. She, (or he) is now your partner, and is preparing to have a new life in Australia, therefore isnt expected to pack up and leave Australia like they did on just a tourist visa.

The partner visa is issued after some time I expect because of people that have cheated the system so dept imm wants to make sure they are issuing visas to honest couples.(not scam marriages or folks who just want to get into australia) and issues the visa as bridging, temporary and finally, full partner visa. (3 stages)

At one time my wife was going to have the baby back in Thailand. Thats fine, but theres 1 little problem.

She had to be in Australia to get issued the visa. So if she couldnt travel back here perhaps baby couldnt fly or she couldnt for whatever reason, even with a 1st bridging or special case 2nd bridging visa had expired, then that means we would have to go back to Bangkok into VFS and start the whole process over again......No thankyou!!...Lovely people at VFS but its hard work.

So easily solved, have the baby here which is paid via Medicare, look into baby bonus(which makes a Thai girls ears stand up), get bubs a Aussie and Thai passport which is much easier here than Thailand, and go over for holidays.

[electau]

The visa was subclass 300 (prospective marriage) if the applicant legally married while in Australia they would progress to an 820 and at the end of a two year period ( from the start of the 300 visa) to a 801 permanent resident providined they meet the criteria.

The 309 visa is for dejure marriage and for defacto marriage (partner). After two years they go to a subclass 100 visa, providing that they meet the criteria. Applied for offshore.

It would appear that the applicant did not get married on the 300 visa (applied for offshore) and the applicant wishes to apply to stay in Australia on in a defacto relationship. Under normal circumstances the applicant would have to leave Australia as they have not complied with the requirements of the 300 visa.

To be able to process the new application for temp visa status DIAC issue a bridging visa.

The problem was that the applicant did not get married under the requirements of the 300 visa.

While the visas are being processed the applicant is permitted to remain in Australia. You should check to see if there are any travel restrictions on the bridging visa if and when it is issued. There is little point in travel until you obtain the new temp 820 visa.

If the applicant had got married in Australia in the first place they would have not had this problem.

　

　

Edited October 11, 2012 by electau

[krisb]

The visa was subclass 300 (prospective marriage) if the applicant legally married while in Australia they would progress to an 820 and at the end of a two year period ( from the start of the 300 visa) to a 801 permanent resident providined they meet the criteria.

The 309 visa is for dejure marriage and for defacto marriage (partner). After two years they go to a subclass 100 visa, providing that they meet the criteria. Applied for offshore.

It would appear that the applicant did not get married on the 300 visa (applied for offshore) and the applicant wishes to apply to stay in Australia on in a defacto relationship. Under normal circumstances the applicant would have to leave Australia as they have not complied with the requirements of the 300 visa.

To be able to process the new application for temp visa status DIAC issue a bridging visa.

The problem was that the applicant did not get married under the requirements of the 300 visa.

While the visas are being processed the applicant is permitted to remain in Australia. You should check to see if there are any travel restrictions on the bridging visa if and when it is issued. There is little point in travel until you obtain the new temp 820 visa.

If the applicant had got married in Australia in the first place they would have not had this problem.

　

　

Huh? yes we were married in Australia, Im sure Ive already said that.

We followed the 300 visa to the tee(applied for offshore)

You have just written everything Ive already written on my last post regarding this visa

You do not have to stay in Australia while waiting for a partner visa. You certainly can travel outside Australia as much as you like to anywhere in the world, you just need to be in Australia to be ISSUED a partner visa(temporary), although dept imm can issue a second bridging visa if you arent/cant be in Australia at the time.

The bridging visa carries the same weight as a partner visa in every way. Thats good news for all!

You say theres little point to travel until issued the 820? We will be, why not??

[electau]

http://www.immi.gov.au/allforms/pdf/1024i.pdf

Travel during processing of an application

A Bridging visa B is the only bridging visa which permits return

to Australia. Bridging visas A, C, D, or E cease if you leave Australia. You can

apply for replacements if you return and your substantive visa

application made in Australia has not been finally determined.

Source.DIAC 1024i

[krisb]

http://www.immi.gov.au/allforms/pdf/1024i.pdf

Travel during processing of an application

A Bridging visa B is the only bridging visa which permits return

to Australia. Bridging visas A, C, D, or E cease if you leave Australia. You can

apply for replacements if you return and your substantive visa

application made in Australia has not been finally determined.

Source.DIAC 1024i

ok wasnt aware of that. I spoke to someone at imm and got a different answer or I interpreted it differently. Im sure its easy enough to get a bridge visa b arranged. Surely it happens alot.

[electau]

Can you visit a DIAC office in person? If not you should contact DIAC and give them the following information.

1. The file number of the application.

2. The applicants name.

3. The passport number

4. The 309 visa number.

5. Your current address and telephone number if they require it.

You should give them the information that you are now married, they will most likely require you to supply a certified copy of your marriage certificate with your 820 visa application.

They will then advise you on what to do next. You should (with hindsight) have applied for the 820 visa as soon as possible after the date of your marriage.

From the file number all the data can be accessed on the DIAC database.

Edited October 11, 2012 by electau