My partner is in Australia on a holiday visa and i have fallen pregnant. is he able to stay here? ?visas?
Answer:
The only sure way to find out would be to visit your nearest department of home affairs - immigration department.
Immigration websites are only helpful up to a point.
Probably the two of you will have to prove that he is the parent, to begin with, and then apply to change his status in Australia because you are in a relationship.
He may have to leave the country to apply for a new permit (Australia immigration can be very anal about these things - hopefully not) but only someone from the department will be able to clarify this.
If they try to make things complicated for you then hire a lawyer (expensive of course - but sometimes you can only fight fire with fire), you two have every right legally to be together.
Good luck.
He can't stay on with the holiday visa. If he does, he will become illegal.
If he wants to stay on, you must marry. But, again, marrying on a tourist visa is a violation of the law (he was supposed to come there on holidays, not for marriage. There is a different type of visa for marriage).
So, you have two options: he goes back at once, and you file for a fiancee visa for him. In several months he'll be able to come back to you and marry.
You two marry and he stays on. Then you try to adjust his status, and you will need a lawyer, and paying a lawyer to prove that he did not come to your country initially with an intent to marry.
After the marriage he won't get any citizenship. But if you prove that he came there on holidays and then fell in love (a very difficult thing to do), he will be granted a residency there. The same if you go the way of the fiancee visa.
I'm pretty sure the only way he can stay now given the type of visa he has etc, is for your guys to get married. You're old enough and if you really want him to stay it's going to be the easiest way. He'll be granted citizenship pretty rapidly in the circumstances.
Have a look on the gov website,you should find a salution there.
www.immi.gov.au
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