[JohnK]

Hi, first time user. My girlfriend lives in Australia and is a citizen of Australia and we are wanting me to go there and to stay with her so we can meet the 12 month rule of de-facto relationship so later we can apply for either the Prospective Marriage Visa or the Partner Visa at the end of the 12 months. What is the best Visa to get right now to meet the requirements? Not sure if it matters but we are both in our early 40s. I see where I can apply for a 676 for 12 month holiday but I understand that it will most likely have the Visa Condition 8503 where I will have to depart after my 12 months plus I have heard it gets turned down often and is almost impossible to meet all the requirements unless you are pretty much rich. I am retired military and I do receive a pension every month and I would be staying with her and she also has a job and is willing to do a sponsorship letter so finances shouldn't be an issue (I hope). We have been in a relationship for over a year, but have not in fact met. We skype and have telephone conversations almost everyday but I realize that does not meet any requirements. And yes, I know some will say "slow down" or "are you nuts", but we are really connected and even if it doesn't work out I can still leave Australia at least knowing we tried. I had to finish out my military and she lives in Australia so it was impossible to get anytime together, we did plan on meeting in Thailand on holiday but it fell through due to a military obligation on my end.

With so many different Visa's out there it is hard to figure out which one would allow and offer the best chance of me going there to live with her. I realize I will not be eligible to work until after I get a Partner or Prospective Visa with a regular holiday visa, but as I said, I do receive a monthly pension and between us we can meet any financial obligation. My health care insurance provided to military retirees is accepted over there so that would not be an issue as well.

Any help or advice would be greatly appreciated. I have not been able to get any clear answers from the immigration office, all they say is submit the application and see if it is approved. I don't want to submit it for the 676 if there is possibly a better route to take. Especially since if it is denied then the chances of an appeal are pretty nil. I hope this makes sense and if not please ask for more information.

 

[kttykat]

Hi, first time user. My girlfriend lives in Australia and is a citizen of Australia and we are wanting me to go there and to stay with her so we can meet the 12 month rule of de-facto relationship so later we can apply for either the Prospective Marriage Visa or the Partner Visa at the end of the 12 months. What is the best Visa to get right now to meet the requirements? Not sure if it matters but we are both in our early 40s. I see where I can apply for a 676 for 12 month holiday but I understand that it will most likely have the Visa Condition 8503 where I will have to depart after my 12 months plus I have heard it gets turned down often and is almost impossible to meet all the requirements unless you are pretty much rich. I am retired military and I do receive a pension every month and I would be staying with her and she also has a job and is willing to do a sponsorship letter so finances shouldn't be an issue (I hope). We have been in a relationship for over a year, but have not in fact met. We skype and have telephone conversations almost everyday but I realize that does not meet any requirements. And yes, I know some will say "slow down" or "are you nuts", but we are really connected and even if it doesn't work out I can still leave Australia at least knowing we tried. I had to finish out my military and she lives in Australia so it was impossible to get anytime together, we did plan on meeting in Thailand on holiday but it fell through due to a military obligation on my end.

With so many different Visa's out there it is hard to figure out which one would allow and offer the best chance of me going there to live with her. I realize I will not be eligible to work until after I get a Partner or Prospective Visa with a regular holiday visa, but as I said, I do receive a monthly pension and between us we can meet any financial obligation. My health care insurance provided to military retirees is accepted over there so that would not be an issue as well.

Any help or advice would be greatly appreciated. I have not been able to get any clear answers from the immigration office, all they say is submit the application and see if it is approved. I don't want to submit it for the 676 if there is possibly a better route to take. Especially since if it is denied then the chances of an appeal are pretty nil. I hope this makes sense and if not please ask for more information.

Why don't you just get an ETA, it is good for three months, go and see her, see if it works out. If you want to stay longer than three months you can pop over to New Zealand and then return to Australia. The ETA is good for a year with multiple 90day entries. If you are then serious you can apply offshore for a PMV 300 and marry after it is granted.

The ETA usually takes a couple of minutes to get online.

Kttykat

 

[kttykat]

FYI https://www.eta.immi.gov.au/ETA/etas.jsp

Kttykat

 

[JohnK]

Why don't you just get an ETA, it is good for three months, go and see her, see if it works out. If you want to stay longer than three months you can pop over to New Zealand and then return to Australia. The ETA is good for a year with multiple 90day entries. If you are then serious you can apply offshore for a PMV 300 and marry after it is granted.

The ETA usually takes a couple of minutes to get online.

Kttykat

Thanks for the response Kttykat, sadly I am not eligible for the ETA, I should have mentioned that in my post. Originally we were thinking of doing what you are saying, hop back and forth after 3 months until our year was complete. Unfortuanately I received a DUI back in 2008 as well as a DWAI in 2011 (a DWAI is less than a DUI, it is a BCA of .05 to .07, I was not aware of this law in Colorado and got pulled over after having 2 beers with dinner for an inop blinker and got charged with DWAI). Since I have been arrested and now have a "criminal" history I can not apply for the ETA according to the immigration website. Since I was sentenced to 12 months suspended jail for this I fall out of eligibility, unless I have that wrong and a suspended sentence does not count. I have only ever been in actual jail for a total of 60 days. I appreciate your feedback

 

[kttykat]

Thanks for the response Kttykat, sadly I am not eligible for the ETA, I should have mentioned that in my post. Originally we were thinking of doing what you are saying, hop back and forth after 3 months until our year was complete. Unfortuanately I received a DUI back in 2008 as well as a DWAI in 2011 (a DWAI is less than a DUI, it is a BCA of .05 to .07, I was not aware of this law in Colorado and got pulled over after having 2 beers with dinner for an inop blinker and got charged with DWAI). Since I have been arrested and now have a "criminal" history I can not apply for the ETA according to the immigration website. But I appreciate your feedback

Well, I would think you would want to try and meet at least, see if you are serious enough for De facto, if you are then you should consider marriage as De facto is in effect a common law marriage. You could then go home and apply for the SC 300 PMV when granted then you can marry. It requires less relationship evidence. If you are sure marriage is out of the question then it is going to be more difficult. If you are going to a state in Australia that allows registration of a De facto relationship you could do that and it will waive the 12 months requirement but you must still prove to immigration that you are for all considerations effectively living as a married couple, which is hard to do on a tourist visa.

Kttykat

 

[JohnK]

Well, I would think you would want to try and meet at least, see if you are serious enough for De facto, if you are then you should consider marriage as De facto is in effect a common law marriage. You could then go home and apply for the SC 300 PMV when granted then you can marry. It requires less relationship evidence. If you are sure marriage is out of the question then it is going to be more difficult. If you are going to a state in Australia that allows registration of a De facto relationship you could do that and it will waive the 12 months requirement but you must still prove to immigration that you are for all considerations effectively living as a married couple, which is hard to do on a tourist visa.

Kttykat

Yes we do want to meet, and we figured since I am having to apply for a Visa anyways I should try for a 12 month Visa, so if we hit it off I am not having to leave the country and re-apply for another Visa. I would be going to Perth Australia and they don't offer the De-Facto waiver from what I have been able to see. I think the closest would be in Queensland would would be in a different state. And we have nothing against marriage, it is just that the marriage laws require proof of an ongoing committed relationship which is hard to prove and not accepted by the way we are doing it now. I really don't know how we can go about this because the laws are very stringent on everything that we have looked at. I just don't know of a way to prove a committed relationship short of traveling to another country where we meet and vacation together frequently, but that would be expensive and she would not be able to get away from work that often. I am at a loss as to what to do.

 

[kttykat]

Yes we do want to meet, and we figured since I am having to apply for a Visa anyways I should try for a 12 month Visa, so if we hit it off I am not having to leave the country and re-apply for another Visa. I would be going to Perth Australia and they don't offer the De-Facto waiver from what I have been able to see. I think the closest would be in Queensland would would be in a different state. And we have nothing against marriage, it is just that the marriage laws require proof of an ongoing committed relationship which is hard to prove and not accepted by the way we are doing it now. I really don't know how we can go about this because the laws are very stringent on everything that we have looked at. I just don't know of a way to prove a committed relationship short of traveling to another country where we meet and vacation together frequently, but that would be expensive and she would not be able to get away from work that often. I am at a loss as to what to do.

Well for the SC 300 PMV the only requirement that is a must is that you have met in person. For the de facto relationship evidence you must show that you are and have been essentially living as a married couple for over a year! That is why I think the PMV 300 is easier in your case. WA doesn't have a relationship register and for some of the states they require proof that you both live in the state and have been together for a year anyway! If you aren't against marriage then the SC 300 seems IMHO to be your best option after you have met in person.

Kttykat

 

[JohnK]

Well for the SC 300 PMV the only requirement that is a must is that you have met in person. For the de facto relationship evidence you must show that you are and have been essentially living as a married couple for over a year! That is why I think the PMV 300 is easier in your case. WA doesn't have a relationship register and for some of the states they require proof that you both live in the state and have been together for a year anyway! If you aren't against marriage then the SC 300 seems IMHO to be your best option after you have met in person.

Kttykat

I think you are right, and I was not aware that the SC 300 was as simple as that. I was looking at the Prospective Marriage Visa where we would still have to prove that we have been in a relationship for a number of months. I will look into the SC 300 since I was not aware of this one until you mentioned it a little earlier, but for all intents and purposes it does sound like a much better plan then the 676 visitor visa and trying to prove we are a couple after a year. We could meet in Thailand since I can go there for up to 30 days without applying for a Visa and that would give us the opportunity to meet and be together for 30 days, then see about applying for the SC 300. Thank you so much.

 

[CollegeGirl]

I think you are right, and I was not aware that the SC 300 was as simple as that. I was looking at the Prospective Marriage Visa where we would still have to prove that we have been in a relationship for a number of months. I will look into the SC 300 since I was not aware of this one until you mentioned it a little earlier, but for all intents and purposes it does sound like a much better plan then the 676 visitor visa and trying to prove we are a couple after a year. We could meet in Thailand since I can go there for up to 30 days without applying for a Visa and that would give us the opportunity to meet and be together for 30 days, then see about applying for the SC 300. Thank you so much.

The SC 300 (subclass 300 visa) IS the Prospective Marriage Visa. They are the same thing. For this visa, you WILL have to prove both that you have met (make sure you take photos!!!) and that you've been in a relationship, but you will NOT have to prove that you've lived together. That's the primary difference, and the reason it seems better suited to your circumstances.

 

[kttykat]

I think you are right, and I was not aware that the SC 300 was as simple as that. I was looking at the Prospective Marriage Visa where we would still have to prove that we have been in a relationship for a number of months. I will look into the SC 300 since I was not aware of this one until you mentioned it a little earlier, but for all intents and purposes it does sound like a much better plan then the 676 visitor visa and trying to prove we are a couple after a year. We could meet in Thailand since I can go there for up to 30 days without applying for a Visa and that would give us the opportunity to meet and be together for 30 days, then see about applying for the SC 300. Thank you so much.

The prospective marriage visa is the SC 300, unfortunately the application used the 47SP doesn't make it clear about the differences, they use the same form for a partner application and for a prospective marriage application, so it makes it sound like you need all that evidence for the prospective marriage like you have already been married for a year. The expectations from immigration are much less for the PMV than for the partner visas. Even if you are married like we are the required evidence is over the top. We submitted over 7 pounds of forms and evidence for our application!

Good luck anyway, I hope it all works out for you

Kttykat

 

[JohnK]

The SC 300 (subclass 300 visa) IS the Prospective Marriage Visa. They are the same thing. For this visa, you WILL have to prove both that you have met (make sure you take photos!!!) and that you've been in a relationship for a year, but you will NOT have to prove that you've lived together for a year. That's the primary difference, and the reason it seems better suited to your circumstances.

Gotcha, yeah I just looked it up, and you are correct. I did not realize before when I was researching it that the living together thing was not a requirement. So the best thing to do is to do as you suggest, go ahead and meet, take photos, have witnesses and go from there. I do have receipts from presents I have bought her and she also has receipts for things she has gotten me over the past year so we do have some proof that we have been in a committed relationship to an extent. The next step is to meet and go from there. Thanks

 

[kttykat]

The SC 300 (subclass 300 visa) IS the Prospective Marriage Visa. They are the same thing. For this visa, you WILL have to prove both that you have met (make sure you take photos!!!) and that you've been in a relationship for a year, but you will NOT have to prove that you've lived together for a year. That's the primary difference, and the reason it seems better suited to your circumstances.

As far as I know, you don't have to prove that you have been in a relationship for a year for the PMV but you must have met in person, this is to prevent arranged marriages. You don't have to have lived together at all for a PMV as many people won't until after they are married. The more relationship evidence you have the easier the application will be for the PMV but it is not as essential as it is for the partner visas.

Kttykat

 

[JohnK]

The prospective marriage visa is the SC 300, unfortunately the application used the 47SP doesn't make it clear about the differences, they use the same form for a partner application and for a prospective marriage application, so it makes it sound like you need all that evidence for the prospective marriage like you have already been married for a year. The expectations from immigration are much less for the PMV than for the partner visas. Even if you are married like we are the required evidence is over the top. We submitted over 7 pounds of forms and evidence for our application!

Good luck anyway, I hope it all works out for you

Kttykat

7 pounds WOW, we have some work to do lol. And yeah that is what was confusing me with the prospective marriage thing, it all sounded the same as the other. It is not very well written and to confusing. Thanks for the well wishes, I know it won't be an easy process but if we are really meant to be together than it is best not to give up. Hopefully it will all work out for us

 

[CollegeGirl]

As far as I know, you don't have to prove that you have been in a relationship for a year for the PMV but you must have met in person, this is to prevent arranged marriages. You don't have to have lived together at all for a PMV as many people won't until after they are married. The more relationship evidence you have the easier the application will be for the PMV but it is not as essential as it is for the partner visas.

Kttykat

Oops, you're right, I meant to say you have to prove you're in a relationship. I had an extraneous "for a year" in there. I'll fix it. But I definitely was not saying you have to have lived together for a PMV - I was saying that that was the primary difference - that you DON'T have to live together for that. We'd be screwed if you did.

 

[kttykat]

Gotcha, yeah I just looked it up, and you are correct. I did not realize before when I was researching it that the living together thing was not a requirement. So the best thing to do is to do as you suggest, go ahead and meet, take photos, have witnesses and go from there. I do have receipts from presents I have bought her and she also has receipts for things she has gotten me over the past year so we do have some proof that we have been in a committed relationship to an extent. The next step is to meet and go from there. Thanks

BTW immigration won't start counting time together until AFTER you have met in person! They don't consider being online together as meeting for relationship purposes, that is IMHO from what I have read.

Kttykat

 

[JohnK]

BTW immigration won't start counting time together until AFTER you have met in person! They don't consider being online together as meeting for relationship purposes, that is IMHO from what I have read.

Kttykat

Yeah I have noticed that when reading up on everything, that over the internet and Skype and phone calls will not count until we have met physically. We could fudge it and say we met when she came here to the US about 2 years ago, but that is a risk best not taken, if it was found out we lied then that would put the brakes on everything and we are trying to keep it as legal as possible so as not to have any complications. It is a pain in the butt, but will pay off in the long run I think.

 

[kttykat]

Yeah I have noticed that when reading up on everything, that over the internet and Skype and phone calls will not count until we have met physically. We could fudge it and say we met when she came here to the US about 2 years ago, but that is a risk best not taken, if it was found out we lied then that would put the brakes on everything and we are trying to keep it as legal as possible so as not to have any complications. It is a pain in the butt, but will pay off in the long run I think.

Yeah, DON'T lie to immigration, anyway meeting 2 years ago won't do much for your application if you hadn't been together since and if you said you did and you didn't then that lie could wreck your chances altogether down the road.

Kttykat

 

[JohnK]

Yeah, DON'T lie to immigration, anyway meeting 2 years ago won't do much for your application if you hadn't been together since and if you said you did and you didn't then that lie could wreck your chances altogether down the road.

Kttykat

Yeah, we are not willing to take that chance. Best to be open and honest from what I know about any Immigration organization. Had a friend that lied to Immigrations to get his fiane here from Korea who he was with for 9 months physically, and because of that one lie he can't even marry her now and she is barred entry. All he can do now is go over there and be her which is what he is going to do once he gets out of the Military. Surprisingly they have maintained a relationship for 5 years like this and he will soon be out of the military and on his way over there in about 5 more months. But the fact that they ruined the chance of being happy in the US is a great reminder not to lie to immigrations of any country.

 

[Nelly87]

Yes I would just like to second your time together online will not count to immigration - we are a couple who met online and we consider our anniversary date to be basically before the date that immigration starts acknowledging our relationship (we started talking in September 2010, immigration does not start counting until we met in December 2010, even though we picked 8 October 2010 as our anniversary date).

And just realistically, even apart from the "lying" part, you have to remember that if you two met two years ago in person immigration will want to know why you haven't met since... one small story would start a whole epic fairytale that they will see through eventually no matter what. You have to see it as one chance, and you don't want to waste that one chance not being honest and wondering what would have happened if you'd been straightforward.

Try to spend as much time together as you can for now for the same reason - you don't want to apply for the 300 subclass only to get rejected and wonder how much better you would have been off if you'd just waited a bit longer and seen each other.

Good luck!

 

[JohnK]

Yes I would just like to second your time together online will not count to immigration - we are a couple who met online and we consider our anniversary date to be basically before the date that immigration starts acknowledging our relationship (we started talking in September 2010, immigration does not start counting until we met in December 2010, even though we picked 8 October 2010 as our anniversary date).

And just realistically, even apart from the "lying" part, you have to remember that if you two met two years ago in person immigration will want to know why you haven't met since... one small story would start a whole epic fairytale that they will see through eventually no matter what. You have to see it as one chance, and you don't want to waste that one chance not being honest and wondering what would have happened if you'd been straightforward.

Try to spend as much time together as you can for now for the same reason - you don't want to apply for the 300 subclass only to get rejected and wonder how much better you would have been off if you'd just waited a bit longer and seen each other.

Good luck!

My thoughts exactly, we don't want to blow this one and only chance for something as stupid as a lie. We will always count our anniversary as Oct 2011, but we realize that immigration will not care about that date at all. It is unfortunate that we have not been able to meet but with my back to back deployments it was just an impossible scenario at the time. Now that I am retired we will be meeting soon. As I said in an earlier post on here we were supposed to meet in Thailand, but 2 weeks before the date I had to deploy, it was crushing. So all we can do now is try to spend as much time together to satisfy the needs of immigration.