Question: I'm an international student in Australia and my Australian gf got pregnant, how does this affects my legal st?


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Answer #1:

you arent looking for permanent residency? are you just going to leave later?

Answer #2:

G'day,

Peeps is right. If you are not applying for a PR, then you must leave when you've finished your study. Is that responsible after agreeing with your gf to raise the child?

I am a father myself and I can tell you that raising a child in Australia is not an easy task and you cannot assume that b'cos you are a student, your priority is only study, not helping with baby. Unfortunately, it will not be the case. FYI, newborn baby wakes every 2hrs, day & night. You might be ok for the first 3nites of lack of sleep. Then come the first week, then the first month, then the 2nd month? Continuous lack of sleep? It will test even the most romantic couple. If you dun believe me, ask your friend or your gf's that already got baby to confirm. Please discuss it again with your gf, as this will affect your study greatly for sure.

If you plan to be responsible and stay in Australia to raise the child together with your future wife/partner, then you can apply for a Temporary Resident (TR) Visa based on De-Facto relationship. If you got married, then you can apply for TR based on your marital status to an Australian. This will make a difference as you are no longer under Student Visa regulations and therefore will be able to take part-time study and work part-time or full-time, without the 20hrs/week restriction.

If both of you agree to move back to your home country to raise the child, then start asking questions to your country's consulate/embassy on how to apply for residency for your future wife. You do not need to do anything in regards to your visa in Australia.

Hope this helps. However, I really wish that you think carefully and ask for your counsellor's opinion on this matter. Raising a child is not an easy task and if both of you are not ready, then it will end up badly for you, your partner and unfortunately... the innocent baby.

Answer #3:

While you're still on a student visa, having a pregnant Australian partner or an Australian child won't help with visa problems if you don't stick to your student visa work and attendance conditions.

The only thing that will change your visa status so that you can work longer hours to help with your financial situation is for you to get a Partner visa but unless you marry, you are not eligible for one until you have lived together in an exclusive de facto relationship for at least 12 months.

A Partner visa is temporary/provisional for 2 years after you apply and then becomes permanent if the relationship is still intact at that time. Even during the first 2 years, you have unrestricted work privileges and/or you can study (still at international rates though) and you are eligible for Medicare. Once your permanent visa is issued, you also become eligible for domestic student fees.
Click Here Onshore Partner visa
Click Here Partner Migration booklet

To summarise, your options are:
• Continue on your student visa as at present working for up to 20 hours per week. Live together for 12 months in total and then apply for a Partner visa as a de facto partner.
• Marry and apply immediately for a Partner visa. You can continue studying if you wish, but will be able to work longer hours and will be on your way to Permanent Residence.





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