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Discussion Starter · #1 ·
Hi everyone.
I was wondering if I could just get a little advice on this.

Just to keep it brief, I will marry my fiance in Japan next month. She is Japanese. We have been together for a total of 5 years. Although we have never officially lived together, she has been present at my house for about 2 years now.

I intend to go back to Australia next February for work but my wife will be staying in Japan for another 2 years as she has some family matters as well as work to attend to before she moves over.

My question is would it complicate the procedure if we apply for the Spouse visa while we've been living separate for 2 years?
I hear that for the de facto visa, you need to live together for a year, but we will be officially married.

If anyone could help, that would be greatly appreciated.

Thank you

Chris
 

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Under the Australian migration law, there is no problem with being seperated for so long with regards to your permanent visa.

The only problem arises with , whether or not you still meet the requirement of being married (having a spousal relationship) under Australian migration law. Being married, on paper does not really cut it.

Under Australian migration law, to be considered a married couple, among other things, you are required to either
a. Live to together, or
b. not live seperately and apart on a permanent basis.


The department understands that often couple may have to seperate for work, on a temporary basis, but they still like the pair to share the same address, and show they are living the life of a married couple.

In addition, the offshore 309 visa will require your spouse to enter Australian before a specific date after the visa is granted. She can of course return to Japan after she arrives.

I Imagine a case officer would be mighty suspicious of a situation that needed 2 years to finalise. If you could get declarations, translated from those involved including family and employers, it would make the explanation to the department much clearer.
 

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Hi cedmeades, going into the mind of a case officer, I would also think about what compelling reasons there are that your fiancee had to stay on in Japan for a whopping 2 years. For instance, is she under a work contract that would involve a penalty amount if she wants to resign? Is she taking care of aged parents that require her presence?
 

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Discussion Starter · #4 ·
Thank you very much for your feedback guys, it's greatly appreciated.

I know 2 years sounds like a long time for a married couple to be living apart.
The reason for this being that my girl has to support them financially for a while because of a financial issue involving the parents. It should take about 2 years to resolve.
I will be going back because I want to start my career in Australia and establish myself financially before she comes over.

So your saying that I would need to get statements to prove this?

Also, do you think that it might be a better option to get the partner visa before I leave Japan? If I do so, then would my girl be able to go back to Japan for an extended period after entering australia?
 

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For extended periods of seperation, the decision maker would like to there is evidence of a significant reason for the seperation.

If the seperation is for work, evidence of that work comittment overseas, or in another city would need to be given.

In the end, it is about convincing the decision maker that the relationship is genuine, and continuing.

You could appy for the visa just before you go back in February. It could take 6 months to get approved. Shortly after it gets approved, you wife miight have to enter Australia before a specific date. Have her enter, live with you for a short while, add her name your rental lease, even register the relationship with the state government.

She could return to Japan. When she can, she could join your in Australia. Probably a good idea, to be living together in Australia, and show you have a commited relationship as husband and wife for at least 6 months before the PR visa is decided.

Regardless of the temporary seperation, if you have evidence to support the extended seperation, and you can establish you have a genuine shared life together for a reasonable period before the PR visa is being decided, there shouldnt be any problem.

There may be some others with some experience similar to yours, so hopefully they will provide their own ideas also.
 
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