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Discussion Starter · #1 ·
Hello everyone, I'd just like to make a few enquiries because I'm very lost and new to immigration law.

I'm Australian and 23-years old, my girlfriend is American and 21-years old.

My girlfriend and I have been dating for a very long time now, since 2007 - we met online and have been inseparable since. After 3-years of endless hour upon hour a day Skype calls, in 2010 I took my first visit there for Christmas for two weeks to finally meet her in person, and had a great time. Over the next couple of years we have had many continued visits - I've visited America three times now, for a total of about 4-months, and she has visited me here in Australia twice, for also a total of about 4-months.

We've known each other for so long now and we're starting to become eager and ready to start lives with each other, to stop visiting - and for her to become a resident here in Australia. My current living situation is with both my parents, we all love her very much and my parents are more than welcome to accommodate her until she and I are able to find an apartment or other suitable living arrangements.

I am under the impression that she is able to obtain a 12 month Work and Holiday visa. I have previously read that couples may apply for an Onshore Partner visa while living in Australia, though with it's 12 month "de facto" relationship requirement that may prove difficult. Would the months we have visited each other both in America and Australia, (Or just Australia?) count towards our de facto relationship? We have both agreed that we would be happy to be engaged with one and other for the prospect of the Prospective Marriage Visa if it came to that also.

My main enquires would be what is the best approach for our situation, and how to tackle it. If you need any further information that could help you with some facts, I'll be happy to assist.


-Thank you very much.
 

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Hello everyone, I'd just like to make a few enquiries because I'm very lost and new to immigration law.

I'm Australian and 23-years old, my girlfriend is American and 21-years old.

My girlfriend and I have been dating for a very long time now, since 2007 - we met online and have been inseparable since. After 3-years of endless hour upon hour a day Skype calls, in 2010 I took my first visit there for Christmas for two weeks to finally meet her in person, and had a great time. Over the next couple of years we have had many continued visits - I've visited America three times now, for a total of about 4-months, and she has visited me here in Australia twice, for also a total of about 4-months.

We've known each other for so long now and we're starting to become eager and ready to start lives with each other, to stop visiting - and for her to become a resident here in Australia. My current living situation is with both my parents, we all love her very much and my parents are more than welcome to accommodate her until she and I are able to find an apartment or other suitable living arrangements.

I am under the impression that she is able to obtain a 12 month Work and Holiday visa. I have previously read that couples may apply for an Onshore Partner visa while living in Australia, though with it's 12 month "de facto" relationship requirement that may prove difficult. Would the months we have visited each other both in America and Australia, (Or just Australia?) count towards our de facto relationship? We have both agreed that we would be happy to be engaged with one and other for the prospect of the Prospective Marriage Visa if it came to that also.

My main enquires would be what is the best approach for our situation, and how to tackle it. If you need any further information that could help you with some facts, I'll be happy to assist.

-Thank you very much.
Hi Squiddle
Without doubt your best option is a Prospective Marriage Visa or PMV.
You already meet the criteria and the level of proof of relationship is much less than a partner visa.
Another advantage is that you have 9 months to get married so there is time to make sure that Australia and you are what's she wants ! :)
 

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What state do you and your parents live in? Your other option (besides the PMV) is for her to come over on a WHV and register your relationship while she's here (if your state allows it). Then you could apply right before the end of her WHV, and she could stay with you on a BVA (full work and study rights) while her visa is processed, and you could get married whenever you're ready as it wouldn't be required.

In order to qualify for a de facto visa, you have to either have at least 12 months of living together (to the day) before you apply for de facto, OR you have to have registered your relationship, OR you have to have married. No, your four months of going back and forth to see each other won't count. That's why I'm suggesting you register your relationship - as you have to apply before her WHV ends, and you won't have EXACTLY 12 months yet even if you wait until the last minute - you'll be like a day short (at least). Registering the relationship waives the need to get to that 12 month mark.

If you can't register, then you're back to the marriage. Either a PMV from offshore, or her coming over on a WHV and you marrying before her WHV is over.
 

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Discussion Starter · #4 ·
Hi Squiddle
Without doubt your best option is a Prospective Marriage Visa or PMV.
You already meet the criteria and the level of proof of relationship is much less than a partner visa.
Another advantage is that you have 9 months to get married so there is time to make sure that Australia and you are what's she wants ! :)
Sounds good! In the situation where we do choose that route and go for the PMV and marry in Australia, am I right to assume we then have to lodge a Partner visa (subclasses 820 and 801)? Will this allow her to remain in Australia with me until it's processed and approved? Also I believe I will be under the "sponser" category on the Partner Visa - will living with my parents bring some of this into complication even though we will be married, do I need to earn a minimum income (even though my family is financially stable) to be the sponser? (since on a technical level my family isn't being sponsored, I am) If you or someone else could answer me this I'd be thankful, it's a tricky situation so any advice around the subject of sponsering and the situation in general is greatly appricated!
 

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Discussion Starter · #5 ·
What state do you and your parents live in? Your other option (besides the PMV) is for her to come over on a WHV and register your relationship while she's here (if your state allows it). Then you could apply right before the end of her WHV, and she could stay with you on a BVA (full work and study rights) while her visa is processed, and you could get married whenever you're ready as it wouldn't be required.

In order to qualify for a de facto visa, you have to either have at least 12 months of living together (to the day) before you apply for de facto, OR you have to have registered your relationship, OR you have to have married. No, your four months of going back and forth to see each other won't count. That's why I'm suggesting you register your relationship - as you have to apply before her WHV ends, and you won't have EXACTLY 12 months yet even if you wait until the last minute - you'll be like a day short (at least). Registering the relationship waives the need to get to that 12 month mark.

If you can't register, then you're back to the marriage. Either a PMV from offshore, or her coming over on a WHV and you marrying before her WHV is over.
Parents and myself are living in Victoria,

Interesting, thank you for the information! - in the event she did come here on a WHV and we registered our relationship (I'm unsure if you can do this in Victoria, I hope so?) This would skip the mandatory 12-months of living together, yes? That does sound like it would be viable and helps things along - again I have the question if she'd be safe to be able to stay here while her partnership is pending in Australia.

I then ask for the questions in my previous reply to be seen to, about if living with my parents, of having a part time job - (minimum financial income) will have an effect on myself as a sponsor for my Relationship visa (married or otherwise)

Would being married have a higher chance of success for the partnership? Thank you all again.
 

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Unfortunately in Victoria she would need to be able to prove she's lived here for 12 months before you can register your relationship. It does seem if the PMV is your best option. Your time before she moves here would be considered dating in the eyes of DIBP. Being married waives the 12 month requirement, but you'd need to make sure you gather enough evidence of your relationship before your lodge your partner visa.
 

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Discussion Starter · #7 ·
Unfortunately in Victoria she would need to be able to prove she's lived here for 12 months before you can register your relationship. It does seem if the PMV is your best option. Your time before she moves here would be considered dating in the eyes of DIBP. Being married waives the 12 month requirement, but you'd need to make sure you gather enough evidence of your relationship before your lodge your partner visa.
Ah okay, that's certainly a shame about not being able to register the relationship without 12-months of living, that strikes that option out - it seems the PMV is the way to go.

What sort of evidence is best to prove a relationship, we've dated for ages now. Would old emails, vacation photos together be validity?
 

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Sounds good! In the situation where we do choose that route and go for the PMV and marry in Australia, am I right to assume we then have to lodge a Partner visa (subclasses 820 and 801)? Will this allow her to remain in Australia with me until it's processed and approved? Also I believe I will be under the "sponser" category on the Partner Visa - will living with my parents bring some of this into complication even though we will be married, do I need to earn a minimum income (even though my family is financially stable) to be the sponser? (since on a technical level my family isn't being sponsored, I am) If you or someone else could answer me this I'd be thankful, it's a tricky situation so any advice around the subject of sponsering and the situation in general is greatly appricated!
Hi Squiddle
Yes you are right, once you are married you can apply for a partner visa and she will stay in Australia while it is being processed, which is usually only a few days.There is no longer any financial proof required.
 

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Discussion Starter · #9 ·
Hey everyone, after speaking with my girlfriend about everything everyone suggested above - we agree that taking the Prospective Marriage Visa route then Onshore Partner visa is the way to go. I just have a couple of questions.

I please ask anyone answering these questions to have at least read my initial post for the most accurate information for her and I possible. (thank you)

1. She has successfully graduated high school and has her diploma, but no college degrees of any description ("special skills") - will this put our Onshore Partner visa in detriment in any way? She has job experience in retail.

2. Because I am still living with my parents and we will all be supporting her financially, is there a minimum wage or income I have to specifically be earning to be her sponsor? (either with the prospective marriage visa, or Onshore partner visa) Any other sponsor tidbits of advice is welcome for my situation that I should be aware of.

3. We have been dating a very long time, (since 2007) what proof of this is required in the onshore partner visa, are old vacation photos, letters, emails, previous flight details of numerous visits to each others country's, family and friends?

4. When we apply for the onshore visa, will she be safe to stay with me in Australia while it's processed? it says on the Australian Government Department of Immigration and Border protection website that "​Average processing time for this visa is 12 to 15 months.​" for Partner visa (subclasses 820 and 801) - Does this mean she will be granted stay and will not have to leave Australia during this time of processing?

And finally -

5. When she comes here on the Prospective Marriage Visa - her mother plans to sell her house and move state, meaning my girlfriend will have to go back to. What are the chances of the Onshore visa being denied, what are some major reasons a Onshore Visa would be denied, we would be in so much grief if such a thing were to happen. All advice welcome.

I hope I can get these questions answered, you've all been so helpful on helping us learn the best way to go about things.
 

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Hey everyone, after speaking with my girlfriend about everything everyone suggested above - we agree that taking the Prospective Marriage Visa route then Onshore Partner visa is the way to go. I just have a couple of questions.

I please ask anyone answering these questions to have at least read my initial post for the most accurate information for her and I possible. (thank you)

1. She has successfully graduated high school and has her diploma, but no college degrees of any description ("special skills") - will this put our Onshore Partner visa in detriment in any way? She has job experience in retail.

2. Because I am still living with my parents and we will all be supporting her financially, is there a minimum wage or income I have to specifically be earning to be her sponsor? (either with the prospective marriage visa, or Onshore partner visa) Any other sponsor tidbits of advice is welcome for my situation that I should be aware of.

3. We have been dating a very long time, (since 2007) what proof of this is required in the onshore partner visa, are old vacation photos, letters, emails, previous flight details of numerous visits to each others country's, family and friends?

4. When we apply for the onshore visa, will she be safe to stay with me in Australia while it's processed? it says on the Australian Government Department of Immigration and Border protection website that " Average processing time for this visa is 12 to 15 months. " for Partner visa (subclasses 820 and 801) - Does this mean she will be granted stay and will not have to leave Australia during this time of processing?

And finally -

5. When she comes here on the Prospective Marriage Visa - her mother plans to sell her house and move state, meaning my girlfriend will have to go back to. What are the chances of the Onshore visa being denied, what are some major reasons a Onshore Visa would be denied, we would be in so much grief if such a thing were to happen. All advice welcome.

I hope I can get these questions answered, you've all been so helpful on helping us learn the best way to go about things.
Hi Squiddle
I will do my best to answer your questions.
1. There is no educational requirements for a PMV and subsequently the partner visa.
2. There are no financial tests for a PMV so living with your parents isn't a problem.
3. If you read through the posts on this site you will see many examples of others who have applied for PMV s assemble the same evidence and you will have no problems. From what you have already said you would see to have all you require.
4. When you apply for a partner visa after gaining a PMV it is really just a formality. Basically you provide the same information you did to gain the PMV along with the evidence of your marriage.
The wait time is usually very short ranging from a few days to a few weeks.
5. I am sure some partner visas have been denied from a PMV but I am not aware of any. All the medical exams, character checks and relationship verification have already been carried in your PMV application.
 

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Good Luck!!!

Hey everyone, after speaking with my girlfriend about everything everyone suggested above - we agree that taking the Prospective Marriage Visa route then Onshore Partner visa is the way to go. I just have a couple of questions.

I please ask anyone answering these questions to have at least read my initial post for the most accurate information for her and I possible. (thank you)

1. She has successfully graduated high school and has her diploma, but no college degrees of any description ("special skills") - will this put our Onshore Partner visa in detriment in any way? She has job experience in retail.

2. Because I am still living with my parents and we will all be supporting her financially, is there a minimum wage or income I have to specifically be earning to be her sponsor? (either with the prospective marriage visa, or Onshore partner visa) Any other sponsor tidbits of advice is welcome for my situation that I should be aware of.

3. We have been dating a very long time, (since 2007) what proof of this is required in the onshore partner visa, are old vacation photos, letters, emails, previous flight details of numerous visits to each others country's, family and friends?

4. When we apply for the onshore visa, will she be safe to stay with me in Australia while it's processed? it says on the Australian Government Department of Immigration and Border protection website that " Average processing time for this visa is 12 to 15 months. " for Partner visa (subclasses 820 and 801) - Does this mean she will be granted stay and will not have to leave Australia during this time of processing?

And finally -

5. When she comes here on the Prospective Marriage Visa - her mother plans to sell her house and move state, meaning my girlfriend will have to go back to. What are the chances of the Onshore visa being denied, what are some major reasons a Onshore Visa would be denied, we would be in so much grief if such a thing were to happen. All advice welcome.

I hope I can get these questions answered, you've all been so helpful on helping us learn the best way to go about things.
Hey Squiddle,

Answer 1 & 2:- Not having a degree or a job is not going to have any effect on your partner visa application. The Assurance of Support i.e. finance requirements for sponsor were removed from the partner visa application in 2012. It only adds brownie points to your application if you have a degree or a stable job and/or savings. Nothing to stress about.

Answer 3:- "old vacation photos, letters, emails, previous flight details of numerous visits to each others country's, family and friends" is good evidence to prove the length of your relationship. Any kind of communication you've had, phone call logs, skype calls, messaging history, gifts, cards to prove that you've been in regular contact with each other during the times of (temporary) separation.

Answer 4:- Your partner will be perfectly alright to be onshore with you while her application will be processed. The applicant MUST be onshore to get the 820/801 visa granted.
Applicants who go for subclass 300 then to onshore partner visa, their partner visa application gets approved very quickly. Very good example of this is CollegeGirl. Some even get their partner visa approved within a few days.

Answer 5:- From what little knowledge I have compared to our Seniors, to get the visa approved the applicant must prove that they are still in a genuine and continuing relationship with their sponsor. Your partner being offshore will not have any affect on your application.
Once you submit your partner visa application, DIBP will issue her a bridging visa A which has full work rights on it.
If you partner has to be offshore while her visa is being processed, she will have to apply for a bridging visa B, which will allow her to leave and return to Australia while her application is being processed .
And if she still needs to be offshore at the time when the decision is ready, she probably can request DIBP to delay her grant until she returns to Australia explaining the reason why she is offshore.
Seniors, please correct me if I'm wrong. Thank You! :)

Hope this helps. Good Luck!!

Kind Regards,
Becky
 
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