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Hi

I have recently got married, my wife lives in Dubai, UAE. I work and live in Perth Australia. Our marriage was an arranged marriage, i've known my wife since 25 June 2017, we got engaged on 18/08/2018. I moved to Australia on 12/09/2017. We got married on 07/04/2018. I wanted to lodge the 309 Partner Overseas visa for my wife, but the migration office advised me not to as I cannot prove any financial nor household. I have many pictures, call logs, mutual friends, etc.. and i can prove all that; but we never lived in one house because it was not possible before marriage. Now I'm in Australia and she is living with her parents in Dubai. What should I do in this case? Shall i lodge my 309 with whatever proof I have? Or is there any other way (maybe tourist visa then she can apply for the 820 once she's here? but there is no guarantee she will get the tourist visa with no restrictions...)..

Please advise,
Thank you
Ahmad
 

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Unfortunately in your case and a lot of cases similar, jumping straight into marriage before exploring partner visa options can cause several issues.

A prospective marriage visa would have been perfect in your case, as it does not require the same de-facto requirements as the 820/309.

Basically, you need to prove you are in a de-facto relationship, and have stringent proof of living together for 12 months, sharing bills, utilities etc.

Marriage waives the 12 month requirement, but it does not waive the strict de-facto evidence which you will need to provide.

Do you have any evidence of a joint lease for example? How you share finances together? Joint car insurance? Things like this are what you should be looking for.

Its hard to say whether you will be able to have the evidence for a de-facto partner visa - however just remember its a non-refundable $7000 fee that can be potentially blown. Might be good to contact a registered migration agent for a consultation.
 
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