VIC Married Australian Citizen having a child with foreigner who is on student visa currently

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
29 September 2019
I am a married aussie who had falled in life with a student from overseas.

My girl friend is now 5 months in pregnancy.

I think the chance for the baby to be aussie could possibly be good.

What should my girl friend do to apply for PR?

I don't intend to divorce too.

I wish to take care of both of the baby and mother.

How could this be possible?

Tim W

LawTap Verified
28 April 2014
Understand this - we don't do the "anchor baby" thing here in Australia.
So, she doesn't automatically get to stay in Australia, nor to come (or come back) to Australia from overseas,
just because she has a child with an Australian national.

Although there are a few ifs and buts attached, the child may well be a citizen by descent from you, yes.

Taking care of the mother, by which you mean financially - can be dones.
Understand that it is separate from your financial obligations to the child.
Either way, you'll have Child Support to pay.
If you want to meet your Child Support obligation, even if they live overseas,
then that can certainly be done.

But - and this is important - you don't get to attach conditons to that obligation.
By that I mean, among other things, that you don't always and automatically get to visit the child just because you'rer paying Child Support.
Nor do you get to say things like "I'll pay, as long as you don't tell anyone...".

Sorting this out is do-able. But you'll need the advice of a Family Law lawyer, without further delay.