Australia Forum banner
Status
Not open for further replies.
1 - 14 of 14 Posts

·
Registered
Joined
·
5 Posts
Discussion Starter · #1 ·
Hi all,

I've been dating an wonderful girl from Ukraine for 18 months now. Met in South Korea in Jun16, met again in Ukraine in Nov16 and third time in Melbourne Jan18.

She currently holds a visitor 600 (3mth) multi entry visa expiring in Nov18 with a no further stay condition. Justification that she was a genuine tourist was built on her needing to return home to complete her Bachelor degree.

Since we've made this long distance thing work for so long already, and we both are looking forward to start living our lives together, it's quite possible we'll be making the jump to marriage and partner visa applications in the medium term future.

Please correct me if I'm wrong about any of the following.

Given the low chance of ever getting a 600 visa without a no further stay condition (Ukraine is a High Risk country), I'm thinking that the only viable option I should plan for is the 309 Provisional Visa. It seems to be both the shortest wait time and more suitable for our situation because an application can be made before the wedding takes place.

My issue is proving the relationship to satisfy the department without living together. We can't live together in Australia before we are married as she will struggle to get a second 600 visa (hard to prove motivation to leave AUS since she would have completed university). We can't live together in Ukraine before we are married, I don't have work rights there.

What are the chances of a 309 visa application being successful if at the time of submission we are not living together, have not lived together in the past and are only planning to live together in AUS after the visa is granted?
 

·
Registered
Joined
·
332 Posts
You should look at the PMV. Might suit your situation better.
 

·
Super Moderator
Joined
·
2,133 Posts
Hi all,

I've been dating an wonderful girl from Ukraine for 18 months now. Met in South Korea in Jun16, met again in Ukraine in Nov16 and third time in Melbourne Jan18.

She currently holds a visitor 600 (3mth) multi entry visa expiring in Nov18 with a no further stay condition. Justification that she was a genuine tourist was built on her needing to return home to complete her Bachelor degree.

Since we've made this long distance thing work for so long already, and we both are looking forward to start living our lives together, it's quite possible we'll be making the jump to marriage and partner visa applications in the medium term future.

Please correct me if I'm wrong about any of the following.

Given the low chance of ever getting a 600 visa without a no further stay condition (Ukraine is a High Risk country), I'm thinking that the only viable option I should plan for is the 309 Provisional Visa. It seems to be both the shortest wait time and more suitable for our situation because an application can be made before the wedding takes place.

My issue is proving the relationship to satisfy the department without living together. We can't live together in Australia before we are married as she will struggle to get a second 600 visa (hard to prove motivation to leave AUS since she would have completed university). We can't live together in Ukraine before we are married, I don't have work rights there.

What are the chances of a 309 visa application being successful if at the time of submission we are not living together, have not lived together in the past and are only planning to live together in AUS after the visa is granted?
From what you have said you would meet all the requirements for a Prospective Marriage Visa, which does not require you to have livied together.
An initial consultation with any of the Registered Migration Agents listed in the "sticky" at the top of this forum, would help you in determining the best course of action.
 

·
Registered
Joined
·
7,023 Posts
Did she declare to immigration in her Visitor Visa application that she was in a relationship with you?

There are several boxes (options) to tick in relationship status, in that application.

Your opening line " I have been dating for 18 months" would exclude you from a 309 application. You need to be partners for min 12 months for a 309 (un married/registered) at time of application.

You got lucky with that Visitor Visa, we had to leave a kid behind in Ukraine to get the other 2 approved.
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #5 ·
Relationship was fully declared, was used as a reason ("would be really good to come and meet his family"), and I sponsored her financially.

Thanks to all who've responded, I'll change my thinking and start laying the ground work for the Prospective Marriage visa.
 

·
Registered
Joined
·
7,023 Posts
Yes I think the PMV is a better path for you, You seem to meet the compliance and you have an intention to marry.

It is $1180 (I often get this figure wrong) more expensive, but that extra payment is a while done the track.
 

·
Registered
Joined
·
74 Posts
From what you have said you would meet all the requirements for a Prospective Marriage Visa, which does not require you to have livied together.
An initial consultation with any of the Registered Migration Agents listed in the "sticky" at the top of this forum, would help you in determining the best course of action.
Have a read of this court ruling.... it comes down to plain English interpretation and the small but all important word... "or"

FEDERAL COURT OF AUSTRALIA 2015

SZOXP v Minister for Immigration and Border Protection [2015]

http://immi-to-australia.com/pdf/FCAFC_69.pdf
 

·
Registered
Joined
·
7,023 Posts
Myself and other posters possibly the one you quoted, often say there is no living together requirement (particularly for 12 months).

This case in general seems to be low on the evidence factor (dating) for a 309 application, but this visit/s could change that if lots of energy was put into gathering it.
 

·
Premium Member
Joined
·
6,612 Posts
Seems like a lot of effort, stress and cost ( Clayton Utz don't act Pro Bono)to go when a PMV is a valid option.
I agree. I don't like setting up my clients for failure and expensive court cases that could take years to conclude.
 
1 - 14 of 14 Posts
Status
Not open for further replies.
Top