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Hi everyone,
Long story short but im hoping you're expertise can assist in my decision making.

My BF is an american citizen living in america. I'm Australia living in sydney. We met 12 years ago and dated for about 3-4years casually. I would see him 3-4times a year when i would go to the USA to see him for a week or two at a time. Ended the relationship and neither of us were willing to relocate and leave our homes to be together being so young

We always remained friends and 2 years ago reconnected. Took a vacation to mexico together and he came to visit me in sydney for two weeks. Since then he has decided he would like to move to sydney to be with me. He is 40 i am 35.

My question is
1) If in a few months time we get engaged does he have to submit the fiance visa from america? he can still visit me whilst its being processed on a tourist visa right? If he has to be out of australia when its granted how do we know when its being granted? what if he is visiting me in sydney when its granted?

2) If the fiance visa is granted and he moves here and we marry within 9 months - do we need to then apply and wait another year for a partner visa ( and another $7000?)

any help would be awesome!

K
 

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He doesn't HAVE to apply for the subclass 300 Prospective Marriage Visa if you're engaged. He can also apply for the 309/100 or 820/801 if your relationship meets the requirements. But the 300 might be the better option. He doesn't have to submit from the US but since it's an offshore visa, he can't apply from onshore in Australia.

My situation was similar. At the time we had met 10 years prior and dated long distance for a while before ending it as neither of us was able or willing to move abroad. Always kept in touch as friends and then started seeing each other again and visiting every few months for a couple weeks at a time. Got engaged then decided to do the 300 and I'd move to Oz. That was the best route for our relationship as we didn't qualify as de facto.

Yes, he can still come to Oz to visit you while waiting for a decision. I did it and came over on the ETA. They happened to process my 300 app while I was here and simply sent an email saying they needed me offshore to finalize it. So I sent them an itinerary of when I'd be gone and they granted it while I was. They recommend being offshore for 3-5 days in case of delays with the grant and he can fly anywhere in the world as long as he's not in Australia; no need to be in the US for grant.

Keep in mind though that partner visa wait times from the US are around 12+ months and he won't be able to use the ETA to keep staying 3 months at a time. It's not meant to be used that way and people that try are often told not to come back in on it at the border on their 3rd attempt in (from what I've read on here). So if he's just planning a few short trips during that time then it should be fine. Just don't expect to use up the whole year trying to live in Oz on an ETA.

After marrying, he'll need to apply for the 820/801 onshore before the 300 expires. There's no need to wait a year. Just apply as soon as you marry and submit evidence of your relationship since the grant of the 300 along with the marriage certificate. No need to redo the medical. There's a reduced fee for that for 300 holders. Currently it's $1170 but will go up to I believe $1195 after 1 July. He'll get a bridging visa automatically that will allow him to stay in Australia if his 820 isn't granted before the 300 ends. He'll have full work and travel rights on the 300, only full work rights and no travel on the BVA (but can apply for a BVB to travel), and full work and travel rights on the 820. My 820 was granted before my 300 expired so my BVA never went into effect, but that's not always the case for everyone.

After the 820/801 application is made, he'll be able to get a Medicare card. He can't do so until then so best if he has some sort of insurance until that app is made.

Two years after applying for the 820/801, he'll be eligible for permanent residency (801) and will need to submit the required documentation for that stage 2 as well.
 

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I highly recommend you review the instructions and procedures that are presented clearly on the DHA website. Much of the information offered up here by others is erroneous. I would not suggest taking advice from strangers rather than the the government's website as they will ultimately be reviewing and deciding on your application. Choice is yours of course.
 

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I highly recommend you review the instructions and procedures that are presented clearly on the DHA website. Much of the information offered up here by others is erroneous. I would not suggest taking advice from strangers rather than the the government's website as they will ultimately be reviewing and deciding on your application. Choice is yours of course.
While I definitely understand what youre saying about taking advice from anyone - the two posters above basically saved me from blowing $7000 and a lot of emotional turmoil before I applied for my fiances partner visa.
 

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The majority of questions asked are answered by immigration's website. Unfortunately people either read and forget or don't actually click through all the sublinks that hold more info. And most of the time, I'm quoting the website and supplying the link. But a forum is also to share personal experience and people should be aware (and it's mentioned often) that just because one experience turned out one way, doesn't mean another similar one will. Each relationship, each case, each CO are all unique as we're all human and no two are alike. That being said, the personal experience also includes things that wouldn't affect an application anyway. Simply someone asking, "How did you organise your evidence?"

I love the new website. It holds far more information and is more organized than the previous one, but it's not pefect and people will still be confused. Calling the immigration call center doesn't help as often the info supplied from it is wrong and contradicts the website. So then people become even more confused because immigration has now given them two different answers. Other things listed on the website are not so clear. For example, "What you can do on the Partner visa (subclass 820): The temporary Partner visa (subclass 820) lets you: enrol in Medicare, Australia's national health scheme." This sounds like someone must be an 820 holder to enroll in Medicare, which isn't the case. I haven't seen it anywhere on the website that 820/801 and 309/100 applicants can enroll in Medicare. So this info along with the link to the Medicare site is what I give people on here so they know.

It's a long road, the partner visa process, and many of us like to wait it out with people in similar circumstances. Such is the nature of a forum. It would be interesting if immigration considered having their own forum on the website where instead of calling, people could ask questions and have them answered, as many websites do beneath articles on their pages. Then people could get their info from the source in writing and others can read previous FAQs posted for clarification directly from the site.

Anyway, if you are truly a CO, then you should know that not everyone badmouths you or the process. In fact, often times we defend it as some applicants have unrealistic expectations of the process and do take out their frustration by badmouthing the system. The world would be a happier place if everyone stopped badmouthing each other.
 

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Dear Case Officer.

Another common misconception I have come across is the 12 month co-habitation requirement for de-facto relationships. There is a caveat that states "in some circumstances 12 months is not required", but for the most part a CO can use their discretion and having 12 months proof of living together is by far the better route to go. It is a red flag for those who register relationships with very little time spent physically living together for obvious reasons. Also visa application review times vary greatly depending on the applications complexity and the data uploaded, but I can assure you it is far more than 5 hours as I read someone here stated. Not sure where you are getting your information from, but I highly doubt it originated with anybody associated with DHA.

Well it came from the freedom of information act - about the DIBP's Blacklisted Migration Agents.

Most of that has been deleted from the web - but still a copy here and there.

Here is part of it do the math - Yes it was from a DIBP head.

"We have given the tool a test drive in the Sydney team, and the staff
who have used it have indicated that it is easy to use, and takes around
5 minutes per case (1.6% of our total allocated minutes). This is a good
investment I feel in the subsequent return - redacted.

People calling immigration with specific questions (not processing) often get wrong info.

I did not read all your post, but there was no mention of the policy manual not on the website.

I would expect that an ex Case Officer would have seen many bad DYI applications and many professional applications from Registered Migration Agents and be pointing people to RMA's not the immi web page that contains parts of info.

As for front loaded docs and faster/priority processing never happening - I will take CCMS post a bit over a year ago that the Department were prioritising front loaded applications in the last 1/4 for 820 (I think it was) - he would never make such a post if he was not sure.

"presented clearly on the DHA" - if it were clear why so many questions from so many people?
 

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Hi everyone,

My question is
1) If in a few months time we get engaged does he have to submit the fiance visa from america?

** Any country offsore (not in Australia)

he can still visit me whilst its being processed on a tourist visa right?

** Yes can visit.

If he has to be out of australia when its granted how do we know when its being granted?

** They contact you as per your method - email is a good way.

what if he is visiting me in sydney when its granted?

** They can not grant when he is on shore, will need a trip away NZ or some place but not a boat cruise.

2) If the fiance visa is granted and he moves here and we marry within 9 months - do we need to then apply and wait another year for a partner visa ( and another $7000?)

** Apply before the 9 months ends - and it is less, don't recall but around $1,200.
 
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