[Ccizzle]

Hi,

I recently got engaged to my US partner in October 2017. We have been talking about the big move for a while now and it wasn’t until now that we have both been ready. He just came over to Australia about a month ago and decided that he wanted to move here. We have been dating for just over 3 years now, and it’s been long distance the whole time, we’ve agreed that before we get married that we’d like to live together for at least 6 months first.
We aren’t too sure what the best option for us is, Can we even get married while he is on a WHV and then apply for a partner visa? Or is the Prospective Marriage visa the way to go?

Open to any suggestions or advice!

Hopefully someone can help!

Thank you
C

 

[Skybluebrewer]

You can do either. Engagd couples don't need to apply for the 300, it's just an option though it is the easiest one as far as evidence goes because it doesn't require the same proof of de dacto. It's also valid for 9 months which gives the partner time to come over to Australia and live and work before deciding to marry in those 9 months and apply for the 820/801 at a reduced fee.

That being said, you also don't need to marry before applying for the 820/801 either. Just meet the evidence requirements. The only issue with the W&HV 462 and applying onshore is that a bridging visa A will be issued with full work rights but it won't go into effect until the W&HV ends, so your partner will be restricted by the conditions of the W&HV until the BVA is in effect (such as 6 months max with employer).

If you wanted to get the ball moving, he could apply for the 300 and then come over on a W&HV while waiting, then hop over to any country when requested to do so to be offshore for the grant. Otherwise, it's likely (depending on if you have de facto evidence which LDR usually don't have unless you've lived together previously... as LDR is mostly seen as dating usually) that he'll need to live with you for awhile to establish the de facto evidence before you can apply for the 820/801. This is important because if you don't meet the strict requirements, the visa will be refused and you don't get that $7000 application fee back.

Depending on what state you're in, you can register your relationship to waive the 12 month de facto requirement but you'll still need de facto evidence of your relationship so that still requires living together for some time as you can't acquire combined affairs overnight.

I took the PMV 300 route. My partner and I had been in a LDR seeing each other every 3 months and still wouldn't have qualified as de facto. I wasn't eligible for the W&HV either so we went 300->820/801. At the 820/801 stage, I basically just uploaded the marriage cert, two new form 888s, and any new evidence since the grant of the 300 a few months prior. Easy as.

 

[wrussell]

The are no restrictions on being married in Australia on any visa, or no visa at all.

To be granted a partner visa, marriage is more or less irrelevant. A major criterion is - When did you form an exclusive, mutual, continuing relationship?

If you want to try before you buy then a prospective marriage visa is probably the way to go.

May I suggest that you consult a registered migration agent for advice about visa strategy?

 

[Ccizzle]

Thank you Russell, I did contact one, the woman was very rude on not clear, I tried to arange a meeting and she said we didn’t need one, she said to decide where we wanted to live, then get married and the. Apply for a partner visa.

I met my partner online in March 2014, we met January 2015 and have been dating since.

 

[Ccizzle]

Thank you so much for your help, that does make sense, we just wanna do whatever is best for us!

 

[Skybluebrewer]

Dating and de facto are two completely different things in the eyes of immigration.

There's a sticky of recommended RMAs that frequent this forum and have been highly rated by other users. I'd suggest trying one of them out. Most of them have been doing this for 10 plus years and since starting to read this forum in mid 2015, I've never read a bad review on any of them.

Not all RMAs are equal. In fact, there are many that claim to be and aren't, or just aren't very good.

 

[Skybluebrewer]

http://www.australiaforum.com/visas-immigration/252474-registered-migration-agents.html

 

[wrussell]

I tried to arange a meeting and she said we didn't need one,

She got that right. I have not seen a client for more than a year, except those who stiffed up and have to attend a review hearing.

I receive endless requests for appointments, but I do not make any. Most of my clients are overseas, so I cannot arrange an appointment in any case.

As a rule I do not give telephone advice either, because it is too easy to have a misunderstanding. Some agents have plush offices and wall to wall secretaries. If you want to pay for these, feel free. When people want to make an appointment I tell them that it would be a waste of their money and my time.

If prospective applicants complete a relevant assessment form I can advise them in writing what (if anything) I can do for them and their budget.