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Discussion Starter · #1 ·
Hello,

I am a native Australian citizen in a loving, long-distance relationship with a girl from America. We are both eager to live together and start a life in Australia, but there are a number of complications.

Firstly, she is not a student and does have any official work skills. She doesn't intend to study, so there is no possibility of a study visa, and she does not seem to meet the requirements for the working visas.

Secondly, when looking at partner visas, many of them seem to indicate that we'll need to be living together for a substantial amount of time before we can marry and she can stay here with me. How does one actually go about this, if she cannot live here due to eligibility issues? The ETA allows for only 3 month periods at a time, and I've been advised by a friend that the border security may not let visitors in that long to begin with. What option, if any, is there, to live with my partner to actually achieve this?

My apologies for the lack of clarity and sourcing, I'm quite stressed about all of this and just want to articulate the problem as best I can and receive a clear response.
 

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Hello,

I am a native Australian citizen in a loving, long-distance relationship with a girl from America. We are both eager to live together and start a life in Australia, but there are a number of complications.

Firstly, she is not a student and does have any official work skills. She doesn't intend to study, so there is no possibility of a study visa, and she does not seem to meet the requirements for the working visas.

Secondly, when looking at partner visas, many of them seem to indicate that we'll need to be living together for a substantial amount of time before we can marry and she can stay here with me. How does one actually go about this, if she cannot live here due to eligibility issues? The ETA allows for only 3 month periods at a time, and I've been advised by a friend that the border security may not let visitors in that long to begin with. What option, if any, is there, to live with my partner to actually achieve this?

My apologies for the lack of clarity and sourcing, I'm quite stressed about all of this and just want to articulate the problem as best I can and receive a clear response.
Have you actually met in person? if so a prospective marriage visa may be an option, however it must be applied for offshore.
 

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The 300 may be an option if you're already engaged. It does not require having lived together, just that you've met in person at least once since both turning 18, not be related, intend to marry within 9 months of the visa grant, intend to live together as spouses after marrying, and not be married to someone else.

Or, to answer the question on living together first, you can look and see if she meets the requirements for a 462 Work and Holiday Visa. It's a 12 month visa that allows her to come to Australia and work (with certain conditions). There's also an option to apply for a second year if the requirements are met.
 

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Discussion Starter · #5 ·
may be an option if you're already engaged..
Thank you for the link. We aren't engaged, but that's as simple as meeting one another on a visit and filing for the engagement, correct?
Regarding the 9 month limit on the visa, what happens when we're actually married? Will she have to go back to America when the time is up, or is she able to stay for much longer/become a citizen or whatever because I'd marry her?

Thanks to everyone for the replies so far.
 

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Thank you for the link. We aren't engaged, but that's as simple as meeting one another on a visit and filing for the engagement, correct?
Regarding the 9 month limit on the visa, what happens when we're actually married? Will she have to go back to America when the time is up, or is she able to stay for much longer/become a citizen or whatever because I'd marry her?

Thanks to everyone for the replies so far.


Being engaged isn't actually an official thing. You just decide to marry sometime in the future, and 'bingo' you are engaged. Any ring will do, if even necessary. We did a photo of me on one knee proposing, and of the ring, as our proof, with the stat dec including the statement saying that we planned to get married. It was sufficient for our 300 visa.

Before the 300 visa is granted, you need to marry, and she then needs to leave Australia (she will be told when). We did a 7 day holiday trip to Vanuatu, to cover that, and the 300 visa activated on our return. (you can't do a cruise to do that activation though).

On return, you then do the 820/801 partner visa application. No more trips overseas are needed for that.

The Work and Holiday visa (subclass 462) is available for US citizens 18 to 30 years of age. Is she outside that range?
 

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Thank you for the link. We aren't engaged, but that's as simple as meeting one another on a visit and filing for the engagement, correct?
Regarding the 9 month limit on the visa, what happens when we're actually married? Will she have to go back to America when the time is up, or is she able to stay for much longer/become a citizen or whatever because I'd marry her?

Thanks to everyone for the replies so far.


Engaged meaning intending to marry. There's no legal thing to do to become engaged. My partner popped the question while in bed and didn't even have a ring yet. So we didn't even have engagement photos to supply for the 300, though he did give me a ring the next time he was in the States so we threw a photo of that in to our application. Not everyone does rings or formal engagement parties so none of that is necessary. But you must be willing and able to marry your partner to be eligible.

Once granted, the 300 is valid for 9 months. She can travel to and from Australia freely and has full work rights. Sometime in that 9 months, she needs to enter Australia (there will be a must make first entry by date listed on the visa grant) and then you must legally marry. Once married and before the 9 months is up, she then applies onshore for the 820/801 from a 300 (which is an additional $1170). That application allows her to stay in Australia and gives her access to Medicare, and still has full work rights. Two years after the 820/801 application, she is eligible for PR and submits documents proving the relationship has continued. Once the 801 is granted, she has PR. Citizenship can come after if she chooses but the requirements to be eligible for that by then may not be the same as they are at the moment.
 

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Discussion Starter · #9 ·
Thanks again to everybody for providing the pertinent information -- just to clarify, I am fully willing to marry her, and she is indeed above 18 and under 30, like myself.
 

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To repeat above comments - why are you not looking at a Working Holiday Visa?

https://www.homeaffairs.gov.au/trav/visa-1/417-

If she meets the requirements, this is quick, easy and gives you a chance to meet each other, and her 12 months (extendable to 24 months) in Australia. I know you kids love this online stuff, but seriously you should spend some time together before you get married.
 
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