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Discussion Starter · #1 ·
Bit long winded sorry,but I will try to give as much information as I can...

I am currently in Australia on a 6 month holiday to see my parents (who now have citizenship) and my girlfriend (who is Australian)-Im from the UK.
I applied for a WH visa last April through an online agency but never received an outcome and they were less than helpful with an answer as to why. I had various issues obtaining my holiday visa for this current trip but eventually it was all sorted out. Upon entering the country I was advised to call Border Patrol and find out what had happened to my WH visa,which I did and I am currently waiting on them to resend an email they apparently sent out in October 2016...

I would be really grateful for some advice pertaining to a few things:

1. Im turning 31 end of March 2018-is it possible/worthwhile me applying for a working holiday visa?

2. My partner and myself want to live together and finally tie the knot,we have been dating a year long distance and have known each other 8 years. I have heard its possible to marry on a WH visa or a tourist visa,but frowned upon-is this true? We really can't stand to wait a year for a finance visa to process as money is tight and a year apart would be awful. Is there any truth that marrying abroad is legally binding and can skip that whole finance visa step?

Any advice would be very much appreciated as we are trying to decide the best course of action.
 

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1). It really depends what the agency did. If you've never held one before then it is possible to do so, worthwhile too as usually the first working holiday visa doesn't come with a no further stay condition so will enable you to apply for an 820.

2). There is nothing wrong with getting married on any visa you wish. Married or not you still have to fulfill all of the criteria for an 820 visa. 1 year of remote dating and then married isn't going to give you a right lot of evidence...

You really need to know what's gone on with your previous visa though, otherwise you could end up in a world of hurt.
 

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Discussion Starter · #3 ·
1). It really depends what the agency did. If you've never held one before then it is possible to do so, worthwhile too as usually the first working holiday visa doesn't come with a no further stay condition so will enable you to apply for an 820.

2). There is nothing wrong with getting married on any visa you wish. Married or not you still have to fulfill all of the criteria for an 820 visa. 1 year of remote dating and then married isn't going to give you a right lot of evidence...

You really need to know what's gone on with your previous visa though, otherwise you could end up in a world of hurt.
Yeah,they couldn't tell me over the phone what the email said sadly,only that it would tell me what I needed to do next:/ If they sent it in October 2016 thats still months after I filed it,I was under the impression that WH visas took about 48 hours usually?

If we did get married overseas,ould i have to apply for a bridging visa or an onshore partner one? From what I understand,the onshore one takes 24 months and would allow me to collect evidence of the relationship?

Thanks a lot for replying:)
 

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Yeah,they couldn't tell me over the phone what the email said sadly,only that it would tell me what I needed to do next:/ If they sent it in October 2016 thats still months after I filed it,I was under the impression that WH visas took about 48 hours usually?

If we did get married overseas,ould i have to apply for a bridging visa or an onshore partner one? From what I understand,the onshore one takes 24 months and would allow me to collect evidence of the relationship?

Thanks a lot for replying:)
Where and when you get married isn't relevant to visa as long as it is deemed as legal under Australian law.

The bridging visa will only be granted if you apply onshore for an 820.

You won't get a bridging visa if you apply offshore (309/100).

Onshore applications can take in excess of 24 months but in reality most aren't granted long before that (75% within 20 months). Don't forget it's a 2 stage process.

You need to be eligible for the visa at time of application, if you can't prove you meet the criteria then your visa will be denied, all of the evidence you gather post application will be useful for your 801 (stage 2) but no use for stage 1 (820).

WHV (417) take longer if they need extensive manual processing.
 

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Discussion Starter · #5 ·
Where and when you get married isn't relevant to visa as long as it is deemed as legal under Australian law.

The bridging visa will only be granted if you apply onshore for an 820.

You won't get a bridging visa if you apply offshore (309/100).

Onshore applications can take in excess of 24 months but in reality most aren't granted long before that (75% within 20 months). Don't forget it's a 2 stage process.

You need to be eligible for the visa at time of application, if you can't prove you meet the criteria then your visa will be denied, all of the evidence you gather post application will be useful for your 801 (stage 2) but no use for stage 1 (820).

WHV (417) take longer if they need extensive manual processing.
So they don't need the evidence for the onshore visa until stage 2? Im guessing thats stuff like joint accounts,photos,joint bills etc?

What type of evidence/criteria do they need for the first stage then?

Sorry for all the questions and thanks again!
 

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Where and when you get married isn't relevant to visa as long as it is deemed as legal under Australian law.

The bridging visa will only be granted if you apply onshore for an 820.

You won't get a bridging visa if you apply offshore (309/100).

Onshore applications can take in excess of 24 months but in reality most aren't granted long before that (75% within 20 months). Don't forget it's a 2 stage process.

You need to be eligible for the visa at time of application, if you can't prove you meet the criteria then your visa will be denied, all of the evidence you gather post application will be useful for your 801 (stage 2) but no use for stage 1 (820).

WHV (417) take longer if they need extensive manual processing.
So they don't need the evidence for the onshore visa until stage 2? Im guessing thats stuff like joint accounts,photos,joint bills etc?

What type of evidence/criteria do they need for the first stage then?

Sorry for all the questions and thanks again!
Once you apply for the visa and pay, you have to submit your evidence for stage 1. Stage 1 and stage 2 evidence are similar. Stage 1 (820, onshore/309 offshore) is evidence that you meet the criteria and your relationship is true and genuine.

Once the 820 is granted, you still need to collect evidence that your relationship is genuine and on going.

Sorry, typing on a mobile phone. I could be wrong, but that's the easiest way I can explain it. Many other knowledgeable types here who can fill in the blanks or outright correct me :D
 
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I think you got a bit confused. Here's your timeline:

1) get WHV, if possible
2) gather evidence of relationship for let's say 10 months (to meet the time criteria) and maybe get married - on or offshore
3) apply for 820 onshore. You will automatically get a bridging visa for the time until the 820 has been decided on. You don't need to apply for the bridging visa.
4) hopefully get your visa granted
(5) keep on collecting evidence to submit by the time you become eligible for the second stage)
 

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OR apply 300 now and get WHV to wait your time. Offshore partner visas from the UK have been taking only months from what we've seen on here. Plus 300 does not require combined lives evidences the way married/de facto visas do. Also being married doesn't give a visa; you still need to meet the same evidence requirements as de facto couples in the sense of combined lives and living together.

Evidence is required when you apply. Evidence acquired after application does not count towards the assessment of the first stage, which is the most important and hardest stage imo.
 

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Discussion Starter · #9 ·
I think you got a bit confused. Here's your timeline:

1) get WHV, if possible
2) gather evidence of relationship for let's say 10 months (to meet the time criteria) and maybe get married - on or offshore
3) apply for 820 onshore. You will automatically get a bridging visa for the time until the 820 has been decided on. You don't need to apply for the bridging visa.
4) hopefully get your visa granted
(5) keep on collecting evidence to submit by the time you become eligible for the second stage)
Yeah I think I have haha.

Ideally Im hoping I can get a WHV before i turn 31 at the end of March,Im on holiday here seeing my parents and GF until 15th January. What sort of evidence can I use if Im not living here on a WHV? I have screenshots of whatsapp calls and also texts from when Im here,also photos of us doing stuff together etc.

Thanks to everyone that has replied-youve all been a big help!
 

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"My partner and myself want to live together and finally tie the knot,we have been dating a year long distance and have known each other 8 years."

Explain your "partner and yourself relationship"

Forget what you think you know here!!!!! and just dive details of dates from when you have known each other (8 years ago) and when people have known you have been in a relationship - just because you are apart for a year does not mean you are not still in a relationship.

Then you can get better advice.
 

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They have been dating for a year but have known each other for 8 years, that's not defacto.
Not sure to OP has worded his position with his now partner very well - or they only have a very short relationship.

If it is a very short relationship - best they work on a PMV, or a de facto or even married 820 or 309 will be a very bad idea.

* I am guessing they were in a relationship before she came back to Australia, he tried to come via the WHV and they maintained the long distance relationship for a year. He then came on the current visa to be with her and think getting married he can get a Partner Visa. But I have been wrong many times before.
 

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Discussion Starter · #13 ·
"My partner and myself want to live together and finally tie the knot,we have been dating a year long distance and have known each other 8 years."

Explain your "partner and yourself relationship"

Forget what you think you know here!!!!! and just dive details of dates from when you have known each other (8 years ago) and when people have known you have been in a relationship - just because you are apart for a year does not mean you are not still in a relationship.

Then you can get better advice.
Its complicated as hell,but we met each other about 8 years ago when my parents first moved to Australia (I was too old to go with them). We stayed in contact for all that time and saw each other again in 2015 but whenever one was single the other wasn't. She was engaged for 6 months and ended up leaving him for me as she wasn't in love with this guy. We have been "dating" for a nearly a year without seeing each other in the flesh (although we have met before twice). We talk every day on whatsapp text and calls and finally were together at the beginning of this December.

I know stuff like this is pretty common nowadays but still feel like people can be judgmental as hell. haha
 

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So you committed to a shared life at the exclusion of all others this December.

Prior to that you were dating.

You want to be looking at a good 12 months of continuing relationship with evidence before you apply for an 820 or 309. Getting married and applying next month will probably result in a refusal for instance. WHV would be your best bet in my eyes, assuming that agency hasn't screwed that for you, second would be a PMV.

I won't judge you for your relationship but if your a southerner then watch out.
 

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She was engaged for 6 months and ended up leaving him for me as she wasn't in love with this guy.

When was this?
and do you have evidence?

Not much judgement here mate, so don't worry about that unless you do fraud - At this time just checking your terminology. But thinking a PMV is still best option on what you have said.
 

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No reason you couldn't apply PMV now and spend your time in Australia on a WHV or tourist visa while waiting. The 300 evidence requirements are not the same as de facto.

My partner and I dated when we first met, but after he came back to Oz our LDR ended because neither of us were able to or ready to relocate across the world. We maintained contact and seeing each other through the years (over a decade by the time we applied for the 300) but we could only count our time together when we were together before applying, and even with being in an exclusive relationship and engaged while seeing each other every 3 months, we still would not have met the de facto requirements. We already planned to marry so we held off on it to apply for the PMV 300.

Applied 300, came on an ETA to stay with him and his family, got the visa, paid an extra $1145 (now $1170) for the subsequent 820/801 app from 300 and here we are in Oz.

Fairly easy, really. De facto, not so much. Much more is required in terms of combined lives and according to the de facto fact sheet, immigration expects you to have commenced living together at some point and if living apart, to not be doing so permanently. Dating time also does not count.

Can your partner register your relationship in Australia?
 

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Discussion Starter · #18 ·
So you committed to a shared life at the exclusion of all others this December.

Prior to that you were dating.

You want to be looking at a good 12 months of continuing relationship with evidence before you apply for an 820 or 309. Getting married and applying next month will probably result in a refusal for instance. WHV would be your best bet in my eyes, assuming that agency hasn't screwed that for you, second would be a PMV.

I won't judge you for your relationship but if your a southerner then watch out.
The ideal situation would be to get this WHV sorted and approved before I hit 31,then I can come over and live with my partner while working for my father. That way I can then gather proof of relationship like bank statements etc.

Im still awaiting border force to resend the email they apparently sent last October.Its been 5 days and still nothing:(

The company I used last year was called The Travel Visa Company-Im now wishing I had just applied on the AU Gov website
 

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Discussion Starter · #19 ·
No reason you couldn't apply PMV now and spend your time in Australia on a WHV or tourist visa while waiting. The 300 evidence requirements are not the same as de facto.

My partner and I dated when we first met, but after he came back to Oz our LDR ended because neither of us were able to or ready to relocate across the world. We maintained contact and seeing each other through the years (over a decade by the time we applied for the 300) but we could only count our time together when we were together before applying, and even with being in an exclusive relationship and engaged while seeing each other every 3 months, we still would not have met the de facto requirements. We already planned to marry so we held off on it to apply for the PMV 300.

Applied 300, came on an ETA to stay with him and his family, got the visa, paid an extra $1145 (now $1170) for the subsequent 820/801 app from 300 and here we are in Oz.

Fairly easy, really. De facto, not so much. Much more is required in terms of combined lives and according to the de facto fact sheet, immigration expects you to have commenced living together at some point and if living apart, to not be doing so permanently. Dating time also does not count.

Can your partner register your relationship in Australia?
So would you say in your experience then that getting married was easier visa wise than a de facto one? She really doesn't want to move to the UK even for a bit (she's ex Australian army police and has just applied for a Border Force job ironically enough).

This is all very new to me and its a lot to take in as you can imagine! The other issue I have is I have 2 spent convictions for Common Assault and ABH that happened 12 years ago. I always declare them on my visa and on the landing card,and have never had any issues with visas declining until my holiday one for this month.

It came back saying they required more information,which I sent off,and the next day came back as a decline due to them believing it wasn't a legit holiday and that I would abscond! I have done nothing to give them that impression at all,so my parents contacted their local MP here you advised them to apply for the visa that required a bond of $1500 I believe.

It got approved in 3 weeks and they waived the fee!!
 
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