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Discussion Starter · #1 ·
I have of late reconnected with a french Woman with whom I lived here in Australia more than a decade back. The circumstances are interesting, and as much as I could write a pretty fairytale of a novella, I will aim for brevity in my quest for advice...From the first moment I heard her voice, my heart stirred with the sound of angels singing her name. As it always used to....I will leave such loveliness alone and try to stick to the main point!

I am heading to spend time with her in my motherland of England, in January, for close to a month. Her and her son.

We formerly lived together in Brighton for 3 years 2002-4 before heading here to Melbourne for a year in 04/05.

We have spoken daily, nightly, exchanged tomes of letters, brought each other into our lives in every way possible form afar. It had not merely been a rekindling of flames which still burn, but revelations of a love for us both which has matured as we have done on our separate paths and somehow the mutual magnetism has pulled us back into each others hearts and souls.

She has also reconnected with my close friends from home. I am Melbourne born but English bred. And have both passports.

I am already wondering how viable it could be to bring her and her 1 year old child here to Australia. To live. We were engaged before, and I suspect this is where our aligning paths will lead us again, if not to marriage.

Now to the scary parts...

How viable in this plan?

After I have spent a month there, she and her little man will come to visit me and live here for a while in whatever visa capacity can be gleaned prior to something more serious...

Other than the tens of thousands of voice calls and wattsapp conversations, I consider that the letters might help any case for a engagement or marriage visa? What else might help? What could we hope for?

Does my employment status and lack of sponsorship for any others add weight to any application? And the fact that I have my family here also?

Can anyone please offer me some loose advice on these matters? I am somewhat in the dark.

Our paths may well go in other directions, but it makes practical sense to glean some advice on this mutual hope and aim.

Any help will be greatly appreciated,

Thank you,

Daniel
 

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You hold an Australian passport so you are a Australian citizen.

What is her citizenship status?

It seems the child is not your biological child - so what is the custody arrangement of the child.

What is the age of this woman?

What state do you currently live?

Have you physically meet since the she became pregnant?

Has she been to Australia before (oops a decade ago)? if so what visa?

* this is some of the info folks will need to guide you.
 

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Discussion Starter · #3 ·
You hold an Australian passport so you are a Australian citizen.

What is her citizenship status? she has a french passport. An EU passport.

It seems the child is not your biological child - so what is the custody arrangement of the child. she is seeking by law lone custody of the child.

What is the age of this woman? 34

What state do you currently live?melbourne victoria.

Have you physically meet since the she became pregnant? she is not pregnant! though i assume you mean since she had her child. no. we have not met for a decade, physically. will do in january when i fly to spend time with her and her child.

Has she been to Australia before (oops a decade ago)? if so what visa? a working visa. i cannot recall if we had de facto status legally in any way during that period though lived together as we did for several years in england.

* this is some of the info folks will need to guide you.
thank you*
 

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de facto would be a very long shot - the child will be a dead give away for a claim of relationship to the exclusion of all others. I also assume the 12 month relationship will only start when you meet again in January.

What is the relationship like with the father of the child? Travel and migration permission is often required and can be difficult.

I would think you should read the Partner Migration Booklet and consider the PMV as your best option with the use of an ETA during the processing period or for longer than 3 month stays, a Visitor Visa (these after the PMV application).

None of the Partner Visa applications are fast or cheap - plan on year for a PMV grant and around $12,000 with child
 

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Discussion Starter · #5 · (Edited)
The father has never spent even a night with, did not want, and has zero relationship with the child, since his birth 14 months ago, after they had separated. He has also been on record for physical harassment of the lady. And something is already in place for any potential access to the child to be under strictly supervised conditions with a social worker present to ensure the child's safety...probably not a pleasant chap.

I am only pondering the marriage and prospective marriage visas. Yet am maybe on the wrong track.

How simple would it be for them go get visas to visit, yet obviously not be able to work, but live with me, which will count towards showing an established relationship?

Does our past history have any value to any visa applications?

I shall grab the pmv guide. And understand you are saying you can make the pmv application before potentially she and her little one could visit, but if the application takes 12 months, would they not have to leave the country after 3 months of the eta?
 

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To be blunt DIBP don't give a dam about the ex - but if they want or need form 1229 the consent form you need to get it or it will be a long and costly exercise. It is probably required for an ETA and a Visitor Visa.

I am guessing you are starting from scratch and none of your previous history will count.

As a member put it well the other day - If you worked for an employer for 8 years then left for that company for a while, then went back to that employer would you still get your long service leave after 2 years or will you have lost it?

While I think you would be able to register your relationship in Victoria and that will waive the 12 month length of relationship - you still need the same evidence amount in the 5 categories.

An ETA is very cheap and should be simple for her to get but it does have 3 month stay limit, so a trip to NZ, Vanuatu or other close places will be required until an application for a 820 could be made as de facto. There is the risk that she gets warned it will be her last entry into Australia on any entry after the first.

A Visitor Visa "CAN" have longer stay periods - we were given 1 year, others get 3 months.
 

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Discussion Starter · #7 · (Edited)
To be blunt DIBP don't give a dam about the ex - but if they want or need form 1229 the consent form you need to get it or it will be a long and costly exercise. It is probably required for an ETA and a Visitor Visa.

I am guessing you are starting from scratch and none of your previous history will count.

As a member put it well the other day - If you worked for an employer for 8 years then left for that company for a while, then went back to that employer would you still get your long service leave after 2 years or will you have lost it?

While I think you would be able to register your relationship in Victoria and that will waive the 12 month length of relationship - you still need the same evidence amount in the 5 categories.

An ETA is very cheap and should be simple for her to get but it does have 3 month stay limit, so a trip to NZ, Vanuatu or other close places will be required until an application for a 820 could be made as de facto. There is the risk that she gets warned it will be her last entry into Australia on any entry after the first.

A Visitor Visa "CAN" have longer stay periods - we were given 1 year, others get 3 months.
Really appreciate the assistance here ! And I have been peeking at the Fact Sheet as advised.

This part interests me -

'you can establish that there are compelling and compassionate circumstances for the grant of the
visa'

Undoubtedly a long shot but I have know of other visa applications of other types which have been granted on these grounds.

I suppose what you are saying is...essentially - yes, it is viable. Any short term solution is unlikely. Its a long process.

Applying from inside Australia...for example, if she was to come on a 12 month visitor visa (if granted) -
Step 1: Temporary visa
Subclass 820 - Partner (provisional)

You and your Australian partner:
• are legally married; OR
• have been in a de facto relationship for at least the
entire 12 months prior to lodging your application;
AND
• (and all the applicants included in your application)
are in Australia when you make an application for
a subclass 820 visa.

I didnt realise that marriage made any difference.

Does this mean that, if we were married, she could come on a visitor visa, then apply for the partner visa whilst here, as we would be living together, and they would then grant the temporary visa and start the process...which takes 2 years? 2 years!

to qualify for the marriage element...
be sponsored by an eligible person (see 'Sponsorship eligibility' on page 16)
• be legally married to your partner (usually your sponsor);
• show that you and your partner have a mutual commitment to a shared life as husband and wife to
the exclusion of all others;
• show that you have a genuine and continuing relationship with your partner (see page 41);
• show that you and your partner are living together or, if not, that any separation is only temporary; and
• meet health and character requirements (see pages 23-25).

Would marriage make any difference? Or solely in terms of the time when that partner visa could be applied for?

Can a marriage take place legally on back in England? Or can an australian marry someone here who is on a visitor visa? I need to peek more at marriage options, if they actually make a difference to my quest!
 

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Marriage has the same effect as a relationship registration - it waives the 12 month length of relationship requirement - nothing else - you still need all the relationship evidence.

That you don't have and it takes time to get.

You still have the issue of the child being able to travel, until the court order of sole custody - the ex's permission is required or a long process to prove they can not be located.

Mate I have travelled these roads - just letting you know of the road blocks, mine with the 2 kids all up went to around $80K.

Also I don't do this much any more and the others that post, can jump in any time. There are several that can explain things better than me and have read the requirements much more recently than I.
 

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Discussion Starter · #9 ·
Marriage has the same effect as a relationship registration - it waives the 12 month length of relationship requirement - nothing else - you still need all the relationship evidence.

That you don't have and it takes time to get.

You still have the issue of the child being able to travel, until the court order of sole custody - the ex's permission is required or a long process to prove they can not be located.

Mate I have travelled these roads - just letting you know of the road blocks, mine with the 2 kids all up went to around $80K.

Also I don't do this much any more and the others that post, can jump in any time. There are several that can explain things better than me and have read the requirements much more recently than I.
Understood, mate. And your advice is great. The ex situation is the pivot. I cannot imagine the hassle to go through to prove an ex partner cannot be located. How would you even manage that?

I shall study the fact sheet more thoroughly. Is it worth me speaking with a registered migration professional? Can they actually help? Or will the same information be given by the DIBP.

Cheers, Daniel
 

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DIBP has much wrong info.

Yep a RMA is a good move - I recommend any that post on here often - they are not good but brilliant and honest and charge reasonably from what I hear and see.

I called debt collectors for my ex's that was in a 3rd country (Eastern Block) to threaten child support or sign the form 1229 - seems they wanted to know if I wanted him "removed from living" at a very reasonable cost, I quickly hung up.
 

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Discussion Starter · #11 ·
DIBP has much wrong info.

Yep a RMA is a good move - I recommend any that post on here often - they are not good but brilliant and honest and charge reasonably from what I hear and see.

I called debt collectors for my ex's that was in a 3rd country (Eastern Block) to threaten child support or sign the form 1229 - seems they wanted to know if I wanted him "removed from living" at a very reasonable cost, I quickly hung up.
Amusing, in a macabre manner, and I will hope that their intent was...lost in translation.

I think evidence of commitment is already building, and will be forthcoming as time progresses, not just from my lady and I, but friends and family. I suppose as a loose bass line I refer to your original advice, mate. Visitor visa, then application, once married or otherwise, and a lengthy process. With any roadblocks causing both cost and time to increase.

Yes if a visitor visa, for 12 months is approved. Then unless we were married, we would need to wait for that 12 months before applying for the partner visa, I assume.

I shall peek for some RMA to consult! And thank you, comrade. I sincerely hope that your wishes of the heart and beyond have led to true bliss...
 

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Discussion Starter · #12 ·
Also reading now of the prospective marriage visa...some similar requirements, but a little different. Much to explore and learn. Challenges to ponder and prepare for. Yet the thing seems viable...that is all that matters to me, and her.
 

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A 309 application has great risk,

It is my assumption that no evidence will be considered until you meet again.

This Is only my guess but the way laws and policy seem to be written - you don't have any relationship NOW.


But I stress this is only my opinion of what I think and know of DIBP and their policy.
 

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Discussion Starter · #14 ·
A 309 application has great risk,

It is my assumption that no evidence will be considered until you meet again.

This Is only my guess but the way laws and policy seem to be written - you don't have any relationship NOW.

But I stress this is only my opinion of what I think and know of DIBP and their policy.
I looked deeper and saw processing times as 13-18 months. Which is horrid to ponder, as I assume that would me she could not enter the country before it is granted, or even if she did, on a 12 month visitor, if granted, the processing time goes beyond this...or is there some form of bridging visa available?

It seems, from what I have read and researched, at this early stage, that your first stance seems the most viable. As in, for her to come with her little one, if that is possible, and stay with me, for 12 months, and to apply for the partner visa then. Perhaps be married during that time, which might help, but it wont change the two years to wait thereafter. My only question on that is if done, would the temporary visa be granted swiftly enough for her and her little one to remain her? Or would they have to leave the country? Or is there some bridge over that pondered divide?

I believe her own plans, knowing she has to sort out the custody issues, are to come here with her boy, for a decent visit, soon after I head to England. And after that time, to then move towards the permanent partner visa routine.

Does this seems sensible? Viable?
 

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Discussion Starter · #16 ·
Thanks, mate! I peeked at the RMA listed in a thread nearby. Couldnt see any Melbourne based of the recommended. So will not search for just that!
 

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Discussion Starter · #17 ·
Other than an agent, and I am contacting one of the registered migration agents referenced in this forum, is it worth or possible, heading to the immigration office in Melbourne to discuss my potential options?
 

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Wouldn't recommend going to immigration, they're not the most knowledgeable about immigration matters (I can vouch for this first hand).

RMA is a very good idea.

I second what ampk has said, it's hard to prove genuine and continuing relationship to the exclusion of all others if you haven't seen each other since 2005 and she's had a baby since then with another man.

And as ampk said, she would need to sort out legal sole custody of the child before immigrating anywhere. Would it be an option for you to go and live in Europe for some time whilst she sorts all that out, build up evidence and then apply for partner visa?

Have you had a look at the partner migration booklet? https://www.border.gov.au/Forms/Documents/1127.pdf

That's the evidence you would need for partner visa.

If you're planning on getting married then a PMV is probably a better option for you.
 
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