# what to do.



## daisy30

Just need more ideas please.. My friend is on student visa, she was married overseas, has 1 child and separated for over 2 years and now she is pregnant with Australian citizen partner.. She was seeking answers of what she has to do with her situation.. Can her partner sponsor her as she is having his baby? Please give me some ideas.. Thanks Daisy.


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## LizBee

Hi Daisy
You don't give a lot of details about how long they have been together or whether she is legally divorced but it seems she should look into the requirement for either a 'Defacto Partnership Visa' or a 'Prospective Marriage Visa'. The Immi.gov.au website gives the requirements for both of these so she would be able to see if she is eligible.


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## daisy30

Thank you lizbee..

She is only separated for over two years. She wanted to file a divorce but she has no money to do that and also there is no divorce in Philippines where she was married. Philippines has annulment which she heard it will take 12 months processing and it cost a lot of money.


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## Mellie

If she gives birth to an Australian citizen, there's parent visas that might be an option, though it might be tricky without a divorce? I would talk to a migration lawyer to find out what her options are.


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## daisy30

Hi Mellie,

Thanks a lot and if you could find out and give me more information it would be such a great privilege. Just so concern of her as her student visa will end early next year.

Thanks again,
Daisy


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## Oh8'sjustme

daisy30 said:


> Hi Mellie,
> 
> Thanks a lot and if you could find out and give me more information it would be such a great privilege. Just so concern of her as her student visa will end early next year.
> 
> Thanks again,
> Daisy


Hi daisy,

If your friend and her partner can demonstrate that they live together and have evidence to prove it. She can apply for subclass 820 (de facto) partner visa onshore, sponsored by her partner. She can apply before her student visa ends, and she will get bridging visa that will let her stay in Australia while her 820 is being processed. I am not very familiar of student visa or if there is any condition attached to her current visa that will prevent her from applying 820 onshore. If she's not on a de facto relationship, then there's no way for her to apply PMV offshore, because legally she's still married and Australian embassy in Manila would reject her application as she doesn't have annulment. 
She could however applied subclass 309 on de facto grounds in Philippines, but the worst part is if ever she will return to the Philippines, and her husband find out she got pregnant here. Even though she is separated as you stated, by law her husband can file case against her "Adultery" I think (not sure the exact term) and that is a serious offense, she can go to jail on that. And if she give birth in Phils, legally the father of the baby is her ex hubby by Philippine law and not her Australian bf or partner. Her ex husband has sufficient evidence to filed case against her the "Baby"...

Ty.


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## daisy30

Hi Ty,

Thank you very much. I appreciate your information.

As far as I know defacto visa needs 12 months living in together. Will she still be eligible for that visa although they lived together less than 12 months?

Thanks,
Daisy30


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## Oh8'sjustme

daisy30 said:


> Hi Ty,
> 
> Thank you very much. I appreciate your information.
> 
> As far as I know defacto visa needs 12 months living in together. Will she still be eligible for that visa although they lived together less than 12 months?
> 
> Thanks,
> Daisy30


hello,

The 12 months living together requirement can be waived if she will register her relationship at the Birth, death and Marriages(depends what state they living). As far as I know Qld, and NSW have this relationship registration thing, I dont know about Vic or any other state. What state she lives then? How long they actually lived together?Ty


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## MaryMar

Oh8'sjustme great advice - as mentioned above your friend is in a delicate situation and I would recommend her seek professional advice, and legally she may be in trouble if and when she returns to Phils. From another source the Annulment cheapest is about 200,000 php ( approx $ 5,200 AUD ) and takes approx 1-2 years through Phil courts. There maybe be alternate avenues post your question to Ásk Mark'


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## Oh8'sjustme

MaryMar said:


> Oh8'sjustme great advice - as mentioned above your friend is in a delicate situation and I would recommend her seek professional advice, and legally she may be in trouble if and when she returns to Phils. From another source the Annulment cheapest is about 200,000 php ( approx $ 5,200 AUD ) and takes approx 1-2 years through Phil courts. There maybe be alternate avenues post your question to Ásk Mark'


Hi Marymar,

Thanks! Your correct that's probably the cheapest annulment cost but it can go up to half a million depends how complicated the annulment is. And the worst part is there's no guarantee that she would get one. Oh! I don't like to think her possible situation if she will be returned to the Philippines, running away from the Law like a fugitive, or hiding her pregnancy would be too stressful for a pregnant woman. 
She better consult a registered migration agent to give her further accurate info on what visa she would be eligible to apply and get legal migration advice. 

cheers!


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