Mother and Child Partner Visa

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Sydney 12345

Member
30 April 2019
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A young women has been with her Australian partner for 2 years and they have a 5 month old child.

The relationship is a bit rocky... he is not working and they have financial issues.

What happens to the child and the woman's visa if she decides to seperate from him?

She is afraid of going back to Thailand without her child...
 
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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Not enough facts to be able to say reliably.

If all she does is leave, by choice, with no significant aggravating factors (such as violence),
then original grounds for issuing the visa may go away.
If this happens, then she will no longer be entitled to stay.

She must understand one very important thing.
That is that we do not do the "anchor baby" thing in Australia.
Which means that a person does not always and automatically get to stay
just because they have a child with someone who is an Australian citizen.

She needs the advice of a lawyer who is also a Registered Migration Agent.
She can see one herself and does not need her partner's permission.
Understand that there will be fees to pay - the "no win no fee" thing you see on TV
does not apply to this kind of work.
There are Agents who speak Thai. Finding them will not be difficult.
 
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