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Discussion Starter · #1 · (Edited)
Hello all!

Just wondering what my best route would be getting my fiancee here to AUS from the US (we've been in a long distance relationship for 2 years, engaged since SEP 17)

We are set on getting married sometime next year (2019) and for him to come over this AUG on a 12 month tourist visa. Can we apply for the PMV while he's here on the tourist visa or would it be wiser to apply offshore? (Or even get married here while hes on the 12M visa) Also could we start having joint bank accounts, names on bills etc in that 12 month tourist visa time?

We've visited each other 8 times in those two years and have plenty of proof of our relationship.

I was thinking on just getting him over on the PMV but with this 12 month visit, I wasn't sure if we can do more to prove our relationship in that time (or if it was possible to become defacto in that time, even though he lives in the states)

Thanks for your help :) I tried to figure this out on my own but there are so many options and too pricey to make costly mistakes.
 

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Mmmm.

Best read the Partner Migration Booklet on the immigration website.

*A PMV is only an offshore application.
* It is possible to get 12 month visas but not always with a 12 month stay period - its all a bit hit and miss.
* GTE (Genuine Temporary Entrant) as per PAM 3 (Procedures Advice Manual 3) would be looked at vert closely in my opinion.

A bit of learning on here to get some basics, then an initial consultation with a good MRA might be wise.

- being from the US is beneficial, but the criteria still needs to be meet.
 

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Have a look at the following route - apply for 309 visa now. Apply for tourist visa for August. Travel to Australia for August. When 309 is ready for grant leave country for a trip abroad so the visa can be granted. Come back into the country on 309 visa.

This would assume that the 2 year relationship could be considered as a defacto relationship.

If not then the exact same plan as above just replace everywhere where 309 is and put PMV & get married sooner :p - if required just get legally married and then have the ceremony in 2019. Remember Immi rules are always changing and as such it's probably better to start the process sooner rather then later if you can.

^note that this is very generalistic advice and I have made a couple of assumptions always seek further advice from an MARA registered migration agent prior to acting.
 

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"You and your partner are in a de facto partner relationship if all of the following applies:

you are not legally married to each other
you are committed to a shared life to the exclusion of all others
your relationship is genuine and continuing
you live together or do not live separately and apart on a permanent basis
you are not related by family."


If you are planning to live together when your partner comes over then you wouldn't be living apart on a permanent basis only temporarily until such time as your immigration status gets approved. You should probably have a discussion about your eligibility with an RMA as you may be pleasantly surprised with how certain statements can be manipulated. It will work out slightly cheaper to bypass the PMV stage if you are eligable, not to mention shave a fair bit of time off of the total amount of time your total visa process will take.
 

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Discussion Starter · #5 ·
Thanks for all your responses!

I think talking to an RMA might be a good idea.

We were also tossing around the idea of getting married 6-8 months into the 12M visitor visa and applying for an 820, so he gets a BVA when the 12 month visit is up. Viable? Or bad idea?
 

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Viable assuming theres not a "no further stay" condition imposed but marriage won't be a requirement for the 820 so you can do so at your leisure.

You have 820 eligibility as long as you're in a defacto relationship as per above for 12 months prior to applying (the same as a 309).
 

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The rule change they tried to get in last year but put off till this year could make it a bad idea.

If you can and don't mind the longer process time then apply earlier, but you need to be certain you have a greater than 12 month relationship (documented) for a de facto or be married at the time of application.

Medicare is available basically from date of application.

There are no work rights on a Visitor Visa at all, but full work rights on a Bridging Visa A. So work rights from a ETA (or US equivalent) could be available after 3 months.

If you apply for a 12 month Visitor Visa it may be granted with a No Further Stay condition - then your stuffed!
 
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