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Hello people

My partner and I are engaged - however he is over in Italy finishing up his work contract.

I am looking for some advice in relation to migration avenues.
Initially we have been looking at the Prospective Marriage Visa. With this, my partner would apply while in Italy and await the (11-15 month) approval process before he can come to Australia for us to marry within the 9 months.After this we can apply for the second phase partner visa for a married couple.

our concern is, we don't want to be apart for the probable 11-15 month wait time.

Our question is, can he travel to Australia while the prospective marriage visa is being decided - granted he is back in Italy for it's approval.
or
can he come to Australia on another visa, we marry then and then begin the second phase?

Really appreciate some direction.
 

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4,534 Posts
Hello people

My partner and I are engaged - however he is over in Italy finishing up his work contract.

I am looking for some advice in relation to migration avenues.
Initially we have been looking at the Prospective Marriage Visa. With this, my partner would apply while in Italy and await the (11-15 month) approval process before he can come to Australia for us to marry within the 9 months.After this we can apply for the second phase partner visa for a married couple.

our concern is, we don't want to be apart for the probable 11-15 month wait time.

Our question is, can he travel to Australia while the prospective marriage visa is being decided - granted he is back in Italy for it's approval.
or
can he come to Australia on another visa, we marry then and then begin the second phase?

Really appreciate some direction.
It is not an 11-15 months wait. 75% of applications are processed in 11 months, which means an application that is processed in one day, or one month, or three months, etc up to 11 months falls into this category. No one can tell you how long it will take.

Yes, after applying for an offshore partner visa, your partner is able to come to Australia on whatever visa they can acquire to do so while they wait for a decision. If they are onshore when a decision is ready to be made, they will need to leave Australia.

As far as marrying and applying onshore, you need to be aware that marrying is irrelevant mostly. So many people think getting married is all that is required for a partner visa but that is just not the case. The relationship as a whole is looked at. Either you meet the requirements or you do not, regardless of being married.

That being said, getting married and trying to apply for a partner visa could be one of the worst things someone can do if they do not meet the relationship requirements as you close off the likely only possible option of the 300 for unmarried, engaged couples. The 300 does not require the same amount of evidence as either the onshore 820/801 or offshore 309/100 so for many people, it is the only option as an application for the other two would result in refusal due to lack of evidence.

So to answer the above question, it depends on the details of your relationship. Have you ever lived together before? Is your relationship registered in Australia? Have you combined your lives in the same way a married couple would? Can you consider yourself a de facto couple or just dating in a long-distance relationship, and for how long for each? There are lots of questions involved to see if you qualify. Your best bet is to read up on the requirements on the immigration website and see the amount of evidence people typically acquire for the 820/801 or 309/100 options.

As far as not wanting to be apart, that's just one of the sacrifices people have to make when wanting to migrate to Australia to be with their partner. A few months wait when you plan on spending the rest of your life with someone is quite insignificant in the long run.
 
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