# Partner visa 801 refusal while pregnancy



## clairanita (Aug 2, 2014)

Hi there,

I am in a dilemma.

My partner visa 820 TR (de facto) was granted last year May 2013 and we got married this year in Jan 2014. I got pregnancy in Feb. Due to family issue, my husband informed me he wanted to divorce with me in late of April and he asked me to have an abortion. He then wrote a ltr to immi that our relationship has broke down. I love my baby and I don't want to have an abortion no matter he would come back to me in the future or not. 

I was invited to comment on relationship breakdown by immi on 5 Jun 2014. I then got an Registered migration agent to write an statement and provide evidence to prove that we have registered our marriage in Taiwan and I am currently pregnant.

The other thing I did not mention in the ltr was my parents bought us a property with no mortgage as a marriage presents. It was registered as joint tenancy although he did not pay anything for the property. As he did not want to be responsible for the baby, he is now forcing me to get back to Taiwan to deliver the baby otherwise he won't return his 50% of the property to me. 

I received the visa 801 PR refusal 1st of Aug as the Case Officer did not recognise that I meet the criteria for granting the PR. I am now 25 weeks of pregnancy. Apparently they did not see pregnancy as a dependent child. 

I know I have right to send my case to MRT for appealing the decision. My baby will be an Australian Citizen for sure. She has right to grow up in Australia. 

Now I am worried if MRT reject my case and cancel my medicare before delivering my baby, what should I do? I need medicare to have this baby. 

I think CO made a unfair decision to me. Is he trying to kick me out of OZ and my husband would not being responsible for my baby and move in my property for free? 

Although my Registered Migration agent advises me that it takes a least a year for hearing for partner visa, by that time I will have my baby to prove which does not seem to have a problem. But still, I cannot believe why CO rejected my application instead of waiting for my baby is delivered.

Another thing is what if my husband refuses to sign the birth certificate as he does not want to be responsible for the baby? Then I cannot have birth certificate to prove MRT. 

What a life.... 

Any advice is appreciated.


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## SJP (Jun 30, 2014)

clairanita said:


> Hi there,
> 
> I am in a dilemma.
> 
> ...


Oh dear. This is such a bad news and too many things happened to your life. Cheer up and remember that you've got your family, friends and most important is your lil baby now.

By the way, when you mentioned "...was invited to comment on relationship breakdown by immi on 5 Jun 2014..." How did the immigration know about your situation? Did anyone inform the department about your break up?


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## kaga (Jul 28, 2013)

I am really sorry to hear about the situation.
Regarding the Baby, DNA test would prove who is father.

Note:
I am not a migration agent and have no experience in a case like this. You should also wait for more replies from other members who may provide more information.

Besides you should also leave a message in ASK MARK thread. Mark is known migration agent and hope u would get a 2nd opinion from a registered migration agent.


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## clairanita (Aug 2, 2014)

SJP said:


> Oh dear. This is such a bad news and too many things happened to your life. Cheer up and remember that you've got your family, friends and most important is your lil baby now.
> 
> By the way, when you mentioned "...was invited to comment on relationship breakdown by immi on 5 Jun 2014..." How did the immigration know about your situation? Did anyone inform the department about your break up?


My husband informed immi that our relationship has broke down. That's how they knew my situation. But of course he did not tell immi that I am pregnant. lol


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## clairanita (Aug 2, 2014)

kaga said:


> I am really sorry to hear about the situation.
> Regarding the Baby, DNA test would prove who is father.
> 
> Note:
> ...


Thank you for your advice. I will post to ASK MARK thread.


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## Hassali.abdi (Jul 28, 2014)

clairanita said:


> Hi there,
> 
> I am in a dilemma.
> 
> ...


Dear clairanita

This is shocking and disturbing story, and I am very sympathetic for you to face such bad situation.

Though I am not also an immi agent, I would asked you to for MRT, and while waiting for the decition, you will give birth to baby. Once the baby is out, you have to add this infor change to your MRT and it will add more weight to your case.

DNA will be considered and it will prove that the child is an Australian for sure and will get the right to live in Australia. COs have no human feelings towards their applicants.

Anyway, I wish you the best for your case and be strong and possible while consulting with agents and friends for more information

Hassan


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## jeannette-nedoma (Jul 10, 2014)

clairanita said:


> Thank you for your advice. I will post to ASK MARK thread.


Hi Clairanita,
I really feel for you. Your (ex)husband must be a very mean man. Ask Mark. He is my migration agent now. I am pregnant too and the Immigration Department won't take this into consideration.
Best of luck to you!


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## CollegeGirl (Nov 10, 2012)

The timing was really unfortunate. There are provisions in place that may have allowed you to claim PR when your relationship broke down, but those are only if you already have a child together - pregnancy is not enough. MRT usually takes a couple of years to happen, though, so by then the child will be born. You'll need a good agent, though - I'm glad you've contacted Mark.


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## bonechiu (Aug 5, 2014)

Dear clairanita,

I am so sorry to hear you situation. Hope you will be fine ! God bless you !


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