G'day looking for some good advice here.
My girlfriend is in Australia on a 6month tourist visa which has the condition 8502 stamped on it.
This condition means she cannot apply for any other Australian visas in Australia.
Her visa expires 1st of November and the due date for the baby is 1st of January. We would like the baby to be born in Australia.
Does anyone know what our options are to be able to have the baby in Australia? Waivers of this condition etc.
We have thought about going to NZ to apply for an extension in November, but being 7 months pregnant we doubt her chances.
It is also not advisable to travel when 7 months pregnant.
We could go back to her country, Peru, early to have the baby, but financially this would be very difficult.
I Appreciate any advice
Being born in Australia won't make the baby an Australian citizen: I think that a parent has to be an Australian citizen or permanent resident for that to happen.
Being born in Australia won't make the baby an Australian citizen: I think that a parent has to be an Australian citizen or permanent resident for that to happen.
if you are not Confident talking to the department of Immigration,
check out the immigration web page. http://www.immi.gov.au<BR><BR>Than i would talk to a migration agency to help you with any application paperwork.
Without looking into the legalities of it, you must have SOME rights as an Australian parent. There will be one eyed Australian immigration experts in here who will no doubt force their opinion on you. Dont listen to them, have a look at this site to check for yourself.
if it is a play for residency rights for your girlfriend, do be very careful to get the right advice. i still shudder when thinking about this case. as you will see, it cites the cases of several women who either arrived in australia or overstayed their visas, then had babies, then were detained at villawood pending deportation. in the russian woman's case, without her baby. horrible.
and even if the desire to have the baby here in australia is not driven by any immigration ambitions, i would still strongly advise your girlfriend NOT to overstay her visa on any unofficial basis, because she would risk a) being deported from australia and 2) being banned from returning and 3) wrecking her chances of being granted residency at a later date. even if the baby was granted citizenship, it would be a bit of a pyrrhic victory if the baby's mother was never again able to return here. surely this is not a situation you want the mother of (presumably) your child, and your child, to be in.
but first you'd need to apply for a fiance visa. if successful, your girlfriend would have to leave australia then re-enter it on the fiance visa, then marry within 9 months. before the fiance visa expires, your girlfriend has to apply for a spouse visa.
if you were hoping for a shortcut, i don't think there are any. but on the other hand, it's worth putting in the effort to do it properly now because otherwise you might jeopardise your chances of having a secure future together in australia.
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