Baby on the way.. and partner stuck overseas

[Wolfee]

Hi,
I really need some direction on how to get my partner over to Australia. I am an Aussie female and my partner is from the Philippines. Our situation is that my partner overstayed his visa by five years here in Australia. In that time he was in Australia illegally he met me, and we started a relationship with one another. We met In May of 2009 and still have a continuing relationship. In December of 2009 we started living together along with my two children. We lived together as a family up until he handed himself into Immigration in May of this year 2010.
In March of this year 2010, my partner and I found out I was pregnant, this week makes me 21 weeks pregnant.
My partner, made the heartache decision that he wanted our relationship and family to live legally within Australia together. So he handed himself into Immigration and then he was on a Bridging Visa B.
The other problem that we have is that he (my partner) is still legally married, though he has been separated from his wife for 21years. The Philippines has no divorce, and just has annulments, but it is so very hard to get an annulment.
At the present time we are looking at applying for the Prospective Marriage Visa, but I would like to know if we would have any chance at all getting granted this Visa seeing he is still legally married? He is going to start his annulment process within this month.
Would the PMV be appropriate to apply for, or would there be another Visa that would be better for us to apply for?
And I was wondering... Can at all possible my partner be back before the birth of our baby which is due in late November?
We do have most of the papers ready for the PMV, but before we do start the process, I need advice if this is the right Visa to apply for..

I'm very confused and stressed at the moment... Any help would be wonderful...

Thank you in advance...

[downundervisa]

Hello!

The annulment process in the Philippines is a real pain. And one of the conditions of a prospective marriage (fiance) visa is that both parties must be "free to marry". As he is married, no he is NOT "free to marry".

Despite this, I think we can help you. Getting him here by November? I think that you would be extremely lucky, but we can always try. Despite the reputation, Departmental people are human too.

We're based in Manila as well as Brisbane. We're in Manila at the moment. And we specialise in partner visas from Philippines. We know the culture (especially as my wife is Filipina) and we know the nuts and bolts of the system over here. We're better equipped than most to help you. Could you email me at jeff@downundervisa.com.au ? And have a look at the website too?

Regards,

Jeff Harvie

[Wolfee]

Hi, once again thank you for your reply and info regarding my current situation.
My partner and I are considering a defacto Visa then after the advise we got from you. Would you think we would be eligible if we do apply for this visa?
I know it does say that you have to live together for 12 months plus, and we have only lived together from December 2009 to since he departed this year on the 26th of May 2010. And now he is overseas back in the Philippines.

Anyway seeing my partner is still legally married in the Philippines, are are now hoping to get him over here to Australia as soon as possible, and from here he can start his divorce (they say it is easier to obtain a divorce from Australia).

Or is there ANY other Visa's we could possibly apply for and that we would be eligible for. And seeing I'm not working at the moment (cause I'm pregnant), and on government benefits, would that make it harder to get the visa's granted?

Anyway since my last post my partner and I have change our direction on Visa's... But we are hoping that applying for the defacto Visa that we will have a chance .... please help once again..


Thanks in advance...
Wolfee

[downundervisa]

It's always better to find the visa that fits your situation, rather than trying to fit yourself in the requirements of a "better visa" (if one existed). Your situation is one of a de facto couple. Best to try to aim for the correct visa. This especially applies when he's overstayed, as they will eye his applications with suspicion.

There are ways of making appeals for waivers of the 12 month requirement when there are compelling and compassionate reasons.

This is really too indepth to sort out on a public forum. I need to get some personal details from you in order to see if you have a strong chance of success. Can you email me?

Regards,

Jeff Harvie

[Wolfee]

I have sent you a email...
Regards
Wolfee