How Pregnancy, Childbirth or Shared Children Affect Partner Visa Decisions?

You recently discovered that you are expecting, and congratulations! Now you must be wondering if pregnancy, childbirth or shared children will affect your Partner Visa pathway. Let’s see how children can assist as strong indicators of a genuine relationship for a Partner (Subclass 820/801 or 309/100) Visa application, and how it affects the visa decision.

What are the Four Pillars of a Genuine Relationship for a Partner Visa?

To apply for a Partner visa, you must prove that you have been in a genuine and continuing relationship for at least 12 months. The Department of Home Affairs (DoHA) assesses the genuineness of your relationship for the partner visa application across the 4 pillars criteria, which are:

Financial aspects
Household arrangements
Social aspects
Nature of commitment to each other

What is the Impact of Pregnancy and Childbirth?

Pregnancy and childbirth are significant life events, and they can help to build evidence to reinforce one of the 4 pillar criteria. They can provide compelling evidence that their relationship is genuine and ongoing, as it clearly demonstrates the couple’s intention for a shared future.

However, it is important to understand that pregnancy or a newborn alone is not the sole factor for a Partner Visa grant. DoHA still expects to see evidence across all four pillars of the relationship.

Note: Applicants are still required to perform a health check, which may require an X-ray check for a Partner Visa application. Understandably, most pregnant women want to avoid X-ray checks; therefore, expect a delay in health checks, which will delay the processing time of the partner visa application.

Additional read: What Visa/Citizenship Can a Child Born in Australia Hold?

What about the role of Shared Children?

Having shared children, either from a previous relationship that you are including as dependent(s) on your Partner Visa, or from this current relationship, can provide a strong, continuous evidence for the relationship, especially if you are part of the child’s lives, such as joint parental responsibility, shared decision-making for the child, and shared future planning for the child.

Some Important Considerations for Your Partner Visa

In complex cases, for example, where a relationship breaks down but family provisions are claimed, children can be a compelling factor for the visa decision, as DoHA often considers the best interests of the child in the decision-making.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Assist

While invaluable, don’t rely solely on children when applying for your Partner visa application. Continue to provide documentation for all four pillars of your relationship. Speak with one of our immigration lawyers at Agape Henry Crux, and the team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, as they specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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