# Compassionate reasons to waive s48



## amy27 (Mar 12, 2013)

To waive section 48 bar on 820/801 Partner onshore visa after having one rejected, what would be enough compelling reasons?

Would having an Australian citizen baby with an Australian citizen partner be one of them?

Because if that is not counted as a waiver reason, the mother of the baby will need to be removed from the baby and the partner to make an offshore application. The waiting period is really in define and it would have a huge impact on the family??


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## ozzy (Jun 8, 2013)

What was the reason for the first visa being rejected?
What visa are you on at the moment?

Ususally a child in the relationship would be considered compassionate and compelling circumastances


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## amy27 (Mar 12, 2013)

ozzy said:


> What was the reason for the first visa being rejected?
> What visa are you on at the moment?
> 
> Ususally a child in the relationship would be considered compassionate and compelling circumastances


My previous 801 was rejected on family violence provision after the de facto relationship broke down. Currently the case is with MRT and I have BVA.

I am with a new partner who is an Australian citizen and baby will be his, will be born here so will be an Australian citizen. I need to apply for another visa, I am barred by s48 but it's impossible for me to go off shore to make an application when the baby is here.


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## Cezzy84 (Aug 8, 2011)

Are you pregnant?


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## ozzy (Jun 8, 2013)

Oh ok, im not sure, its sometimea different when ur pregnant, rather than the child already been born


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## Cezzy84 (Aug 8, 2011)

Yeah I'm not sure either.
I was asking because amy27 asked the same question last week: http://www.australiaforum.com/visas...partner-application-due-s48-what-options.html
But didn't mention being pregnant then. So I guess I'm a bit concerned that she is now looking to get pregnant possibly partly in order to waive the s48. This would be an awful idea - it's a complex situation as it is.
I would suggest Amy that you speak with a migration agent and consider putting off pregnancy until your own visa situation is more settled. If worst came to the worst and you don't get PR for Australia but have a child here, then under The Hague convention you would be unable to take the child home with you without permission of either your partner or the courts here in Australia.
Just my hard hearted, pragmtic opinion of course!


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## amy27 (Mar 12, 2013)

Cezzy84 said:


> Yeah I'm not sure either.
> I was asking because amy27 asked the same question last week: http://www.australiaforum.com/visas...partner-application-due-s48-what-options.html
> But didn't mention being pregnant then. So I guess I'm a bit concerned that she is now looking to get pregnant possibly partly in order to waive the s48. This would be an awful idea - it's a complex situation as it is.
> I would suggest Amy that you speak with a migration agent and consider putting off pregnancy until your own visa situation is more settled. If worst came to the worst and you don't get PR for Australia but have a child here, then under The Hague convention you would be unable to take the child home with you without permission of either your partner or the courts here in Australia.
> Just my hard hearted, pragmtic opinion of course!


I recently found out I fell pregant. So It was no intentionally. However I can understand if some people see this as an planned thing to get s48 waivers or to get pr. But sadly I don't know many places where I can freely ask questions like here, and I didn't want to bring this to someone we know in person because of the reaction I thought to get from them.

Thank you for the advise and I can understand why this is a concern. It's already happened and I have no choice now other than giving a birth in my home country.


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## Cezzy84 (Aug 8, 2011)

Congrats on the pregnancy! I would def recommend speaking to a migration agent now, maybe Mark Northam has a suggestion on how best to proceed?


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## ozzy (Jun 8, 2013)

How long have u been with your partner? When a child is involved it waives the 12 month living requirement but only if the child is already born, not if ur pregnant. Could be wrong, maybe someone can correct me or confirm?


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## CollegeGirl (Nov 10, 2012)

You're correct, Ozzy.


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## amy27 (Mar 12, 2013)

by the time the baby is due, and MRT result comes out, It will have been about 9 months since moved in with him, been over a year since we registered our relationship and started the joint savings bank account soon.

Looks like my MRT will be finalized after the baby is born.
Thank you.


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## amy27 (Mar 12, 2013)

This would waive the 12 months requirement, however what abot the secrion48 i have on me from the previous partner visa rejection?
Thank you


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## CollegeGirl (Nov 10, 2012)

Amy, I really think you need a migration agent on this one.


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