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Swiss and Aussie!


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Old 01-15-2015, 03:46 AM
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Swiss and Aussie!

Hey Guys,

My girlfriend and I have been together since Feb 2014, having met in Japan in 2010 and seeing each other again in Morocco in Jan 2014. She is from Switzerland and I'm Australian.

We are aware that we can't satisfy the Defacto Partner Visa's 12 month cohabitation because we've only spent 5 months actually together, so we were wondering what the next best thing to do would be?

I will be visiting Switzerland in June this year, would it be best to marry there then apply for the Partner visa on the basis of marriage? If we apply offshore, is there a bridging visa allowing her to work here whilst it's being processed, or can she only come and work once it's approved?

Maybe we could marry in June and then if she comes over on a ETA tourist visa we could then apply for the onshore partner visa? Would this give her a bridging visa with the ability to work?

As evidence, we have many shared flight tickets, bank statements showing shared spending (although not a joint account or rental lease or anything), photos, stat decs from relatives if required.

Alternatively, we could apply for the Prospective Marriage Visa ASAP, and marry eventually in Aussie after a while?

What do you guys think is the best solution? It's been a very stressful time so I hope you guys can help me clarify a few things!

Cheers,
Sam and Sara


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Old 01-15-2015, 04:32 AM
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Quote:
Originally Posted by sam_sara View Post
I will be visiting Switzerland in June this year, would it be best to marry there then apply for the Partner visa on the basis of marriage? If we apply offshore, is there a bridging visa allowing her to work here whilst it's being processed, or can she only come and work once it's approved?
No, unfortunately there is no bridging visa for offshore applications. Offshore applications take around 9-12 months to process these days. She could come to Australia on a visitor visa though whilst the visa is being processed, but this wouldn't give her any working rights.
If you're happy with the idea of applying offshore, look into the prospective marriage visa (309).

Quote:
Maybe we could marry in June and then if she comes over on a ETA tourist visa we could then apply for the onshore partner visa? Would this give her a bridging visa with the ability to work?
Yes, if she lodges a valid visa application, she will be granted a bridging visa with working rights, provided she doesn't have a "no further stay" restriction on her ETA visa.
Also, she needs to fulfill the "genuine tourist requirements", meaning tourist visas are generally not "intended" to be used to make a further application...she can come to Australia, travel, do touristy things and then decide to lodge a partner visa application, that's perfectly fine

Quote:
Alternatively, we could apply for the Prospective Marriage Visa ASAP, and marry eventually in Aussie after a while?
Yes, that would also be an option

Depending on what state in Australia you will be living in, registering your relationship can also be a way to go, but if you're planning on getting married soon anyway, that's probably not such a good idea.

Both marriage and being in a registered relationship waives the 12 months living together requirement, however you still need strong evidence in the 4 categories (social, financial,...) as stated in the partner visa booklet

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Old 01-15-2015, 09:53 AM
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I am just going to reiterate what starlight has said

Marriage doesn't count for a lot - so you won't be able to get married and then apply based on just having a marriage certificate. You need STRONG evidence of having joint finances, joint commitments etc.

So your best way forward would be:

1. Apply for a PMV now (requires A LOT less proof than the partner visa) and then get married within 9 months of the grant date.You application would go to the Berlin processing office which currently states that application are taking 10-14 months. She won't get a bridging visa as these are only for onshore applications, but she could apply for a tourist visa to be with you during the processing time. She would then need to fly out to NZ or Bali when it was time for her PMV to be granted (she is not required to go all the way back to Switzerland).

Target Processing Times - Australian Embassy

2. Apply onshore for a partner visa 820 - processing time currently up to 15 months - although you can't be coming to Australia with the intention to apply for another visa onshore. So she shouldn't be bringing her life possessions over on the flight carrying resumes etc. If the immigration officer at the airport feels that she intends to apply for an onshore partner visa she may be sent back home. So make sure that you both have confirmed tourist activities together.
You will need about 6 months solid proof of being in a defacto relationship even if you are married or have registered your relationship (if your in a state that allows it).

If you are visiting in June I would probably be inclined to apply for the PMV now - then she would be over in Australia by about November. People can sometimes struggle to get work on a BVA (my partner did) - employers don't like that you could potentially leave at any moment if your visa is denied.

But at the end of the day, it's completely up to you

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Police Checks: 5th February 2014
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GRANT DATE: 4th June 2014

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Old 01-19-2015, 07:00 PM
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Thanks for your replies Starlight and Engaus!

Another question, if we apply for a PMV, can we change/do another application for a sponsored working visa if we find an employer to sponsor us while the PMV is still in the application phase?

Secondly, can we change to a sponsored working visa in Australia once the PMV has already been granted?

Thanks


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Old 01-19-2015, 07:39 PM
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Yes you can. But if your work visa is approved before your PMV you wont receive a refund on the PMV application and vice versa.

You can change to a sponsored work visa in Australian once the PMV is granted but I would think about this carefully depending on what skilled visa you are thinking about. For example there wouldn't be a lot of sense in applying for a 457 if you already have a PMV - unless your partner is worried about being reliant in your relationship to stay in Australia.

What does your partner do that would qualify her for a skilled work visa? I ask because she might be better off applying for that straight off instead of the PMV if there is a possibility of her getting PR down that route - it would be faster.

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Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

  #6 (permalink)  
Old 01-25-2015, 06:43 AM
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Thanks for your help! We have decided to go for the PMV!

I am in the process of a written statement of the history of our relationship, can it be on blank paper? Does it have to be witnessed? Can I write it, or does my fiancÚ who is applying for it have to write it?

I'm also thinking about making a separate PDF file with all our Skype logs, photos, flight tickets, hotel bookings etc, then citing 'see appendix 1,2,3' etc on my statements so they can see the evidence for the trip, is that a good idea or overkill?

Thanks guys!
Sam


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Old 01-25-2015, 06:46 AM
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I wrote mine on normal paper (on the computer of course), this doesn't need to be witnessed or certified. I only signed it.
If you or your partner decide to use the statutory declaration form to make the statement (google can help you find it) you'll need to get it certified. My partner did that.

Yes, you can do that, we only wrote "see financial evidence" etc. but that's up to you how you want to handle it

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Old 01-25-2015, 07:04 AM
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Wow thanks for the prompt reply Starlight, very helpful!

So both me (sponsor) and my partner (visa applicant) should do our own history of relationship statements? Just on computer paper that we both sign, then we can both refer to the same evidence PDF?


  #9 (permalink)  
Old 01-25-2015, 07:17 AM
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Yes, we had one statement each. But only the writer of the statement signed it e.g. I signed mine and he signed his

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Old 01-25-2015, 07:52 AM
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Haha yes that's what I meant, sorry, it did sound a tad ambiguous!

Another possibly silly question, when you print out all the forms to sign, can they be scanned and put back on the computer to be sent online, or do signed documents have to be manually posted?


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