[chocolatefloaties]

Hi, my boyfriend from Germany had his visa cancelled recently (March this year), for working on a tourist visa.

I read this on a document: "If you have a visa which is cancelled other than because of your criminal conduct, then you are not excluded from being granted a permanent or conditional temporary visa"

I was wondering if it would be possible for him to apply for Prospective Marriage? Or do I have to wait for 3 years until we can apply.

Any help would be appreciated

 

[chocolatefloaties]

I am very confused at the moment, will immigration consider our application within the 3 year period?

 

[GBP]

it is best for your to consult a migration agent regarding this. Things get complicated if there is a cancellation of a substantive visa.

 

[CollegeGirl]

I think it's probably possible - but I agree with GBP that you're best off at least doing a consult with a MARA-registered migration agent on this one.

 

[chocolatefloaties]

I think it's probably possible - but I agree with GBP that you're best off at least doing a consult with a MARA-registered migration agent on this one.

Do you mean, you think it's possible they will consider the application?

I will definitely consult an immigration lawyer.. I can't seem to find any MARA agents in Adelaide.

 

[CollegeGirl]

I think it's possible, yes. I don't think permanent visa applications are subject to the three year ban. But I also think it's entirely possible that showing such a blatant and knowing disregard for his previous visa's conditions might reflect poorly - and like I said, better to talk to an agent to get an idea on how best to handle that.

It doesn't matter where your agent is located - most help clients worldwide via Skype, phone, email, etc.

 

[Cezzy84]

Also the PMV isn't a permanent visa, unlike the partner visa where an application can be submitted within the three year ban period, so I don't know where you'd stand in this case. Worth getting expert advice for sure

 

[CollegeGirl]

Welllllll, it is and it isn't. It's a provisional visa, so it's not a temporary visa, either. I honestly don't know for sure how they'd judge this, so.. like I said, agent time.

 

[GBP]

https://www.mara.gov.au/map-search/?location=adelaide&keyword=

must be a joke if there isn't any MARA registered migration agent in Adelaide.

 

[chocolatefloaties]

Thanks guys for the replies. I will look into it. Probably won't start until the end of the year.

I'll keep updates when I can.

Also, I have read the Partner Migration Booklet, it says I need evidence for joint accounts. I tried to open a joint bank account but I need his signature..

Would it be possible just to show his Australian bank account? I have been depositing some money every two weeks.

 

[rheia]

Also, I have read the Partner Migration Booklet, it says I need evidence for joint accounts. I tried to open a joint bank account but I need his signature..

Would it be possible just to show his Australian bank account? I have been depositing some money every two weeks.

You don't necessarily have to have a joint account. Indeed, some people prefer to keep their finances separate, even if they are in a long term relationship.

The important things is that you can prove you have combined your finances to a certain extent, i.e. are supporting each other, contributing to joint purchases, paying rent together etc.

All these things are of course more easily proven using a joint account, that's why we decided to open one, in addition to providing statements from our separate accounts highlighting any transactions between the two of us.

If there is no way for the two of you to open a joint account (which ideally you'd do) I don't think it has to be major issue as long the rest of your evidence is strong.
There are lots of couples applying for partner visas that are not in the same country at the time of application, and consequently not being able to open a joint account.

 

[chocolatefloaties]

Thank you, that was very informative. I will keep depositing money into his account.

I will also show that I have proof to pay for his debt to the government when they deported him.

When I do submit the application, I will also show that I have paid for the application fee.

But, I don't have any proof that he paid for our hotel/food expenses in Malaysia (when we saw each other after his visa was cancelled).

Any suggestions on what you included?