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Discussion Starter · #1 · (Edited)
Hi there,
Here is a quick outline of my situation:

My name is Andy and I was born in Russia. I migrated with my family to New Zealand when I was 15 year of Age. I lived in Auckland New Zealand for 11 Years, before Moving to Sydney, by that time I was NZ Citizen, which made me an Australian Resident, so I'm pretty much Permanently here.

My girlfriend lives in Russia (St Petersburg) We never lived together, but she visited me once in Sydney, However we go way back... I met her when she was only 6 and I was 8 years old. We were friends for a very long time.
When I migrated to NZ we chatted a lot and there was a bit of Romance there, but in a few years it was gone and we went our separate ways.
Both got married, both got divorced, not even knowing about each other. Almost a year ago we exceedingly stumbled upon each other in a Russian for and started chatting, turns out our lives were pretty miserable with other spouses and we still cared about one another.
In May 2013 I made a visa for her to come and visit me. Unfortunately she could only come for 1 week, because of her work (She works in Four Season Hotel in St Petersburg)
She has a very good Visa history. She went to Finland, Egypt and Australia. All granted pretty quickly.
She speaks perfect english and her job involves talking to English speaking Guests.

I was hopping to go to Russia for a year to get a difecto or Marriage visa (Because you have to be together for a year OR wait for 6 - 8 moth for Marriage visa to come through)
Both of my Russian Passport has expired over 7 years ago and Unfortunately the process of brining that back has taking a turn for the worst. I've being trying to prove my Russian citizenship for 6 Months now and It could take another 6 , by the looks of it.
I can't go to Russia az NZ citizen, because apparently it's illegal for me being born in Russia and use other passport to cross back to Russia.

Ultimately I want to move her to Sydney.

SO, anyone can advise a visa or a path I can take?
I'm meeting her in Thailand in early December (because I haven't seen her for nearly 6 month) We both don't need a visa to go there, maybe we should just stay there. :)
I'm planning to move her somehow after New years...

Any suggestions?
 

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Discussion Starter · #3 ·
Prospective Marriage Visa?
But we would need to wait (away from each other ) 6 -8 months before it is granted?
Which means she would stay in Russia and i would remain in Sydney for the period of waiting. Is that right? Or am I missing something?
 

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Discussion Starter · #4 · (Edited)
I am thinking to apply for a visa in December, and hoping to move her to Sydney by January/February the latest. Is it even possible?

Also I was looking through forums.... Is it possible for me to get her a Tourist visa (Which I think I can get in a month time with her good Visa record) and then apply for marriage visa while she is in Sydney? OR
Apply for marriage visa while she is in Russia, BUT while waiting apply for Tourist visa to come and visit (extend for 6 - 12 month)?
 

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If you can both stay in Thailand and you were serious about staying there, why not just apply for the Prospective Marriage Visa and then both stay in Thailand while it's processing? If that's not something you want to do, you can also apply for a PMV while she's offshore, then she can join you in Australia while it's processing on a tourist visa and go offshore again when they're ready to grant it.

I would suggest either of these two routes over trying to apply onshore for a spouse visa.. you're not likely to have adequate evidence for a spouse or de facto visa at this point.
 

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Discussion Starter · #6 ·
If you can both stay in Thailand and you were serious about staying there, why not just apply for the Prospective Marriage Visa and then both stay in Thailand while it's processing? If that's not something you want to do, you can also apply for a PMV while she's offshore, then she can join you in Australia while it's processing on a tourist visa and go offshore again when they're ready to grant it.

I would suggest either of these two routes over trying to apply onshore for a spouse visa.. you're not likely to have adequate evidence for a spouse or de facto visa at this point.
So just to clarify I can apply for a PMV say after December (When we are both back to our countries) and straight after apply for a tourist visa? Wouldn't that be suspicious?
 

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Discussion Starter · #7 ·
Also GHere is a scenario:

Imagine she would come on a torsos /visitor visa to visit me, Australia in general, say we can make it for 4 month time maybe.
Then all of a sudden I would to propose to her and... Would I be able to marry her, while she is on her Tourist visa right there an then?
And if so would I be able to get her SOME sort of visa (once the tourist visa runs out), before the PMV Is granted?
 

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Discussion Starter · #9 ·
Please read the following link to understand the process:

http://www.australiaforum.com/visas-immigration/20733-partner-visa-should-i-apply.html
http://www.immi.gov.au/allforms/booklets/1127.pdf

It is quite common to be in this situation. But, I think you need to read the following link also:

http://www.australiaforum.com/visas...class-300-partner-visa-processing-moscow.html
THANK YOU SO MUCH! It definitely gave me hope.
I think we would be in a winning situation here:
She has a good Visa history, She has been in Australia before, We met each other (Hips of photos). Practically every friend and family member know of our intension, Plus I have Prove of steady and Very Good Income to support her fully and being living in OZ for nearly 2 years already.
 

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Discussion Starter · #10 ·
Also an interesting question...Perspective Marriage Visa... Who needs to apply for it?

Me (Australian Resident, living in Sydney. Applying from Sydney) If I proposed to my Girlfriend?

OR

Her (Russian Citizen, living in St Petersburg. Applying from Moscow Australian embassy) ?
 

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It's always the applicant (so in this case your girlfriend) that applies. You will have a form to fill out, a statement to write, etc. as well, but she's the applicant.
 

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So just to clarify I can apply for a PMV say after December (When we are both back to our countries) and straight after apply for a tourist visa? Wouldn't that be suspicious?
Immigration understands right now that they are asking people who love each other to spend quite a bit of time apart. They are actually MORE likely to grant a tourist visa once you've already applied for a partner visa/PMV, because then it's more obvious you don't intend to overstay on the tourist visa.
 

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Discussion Starter · #14 ·
Immigration understands right now that they are asking people who love each other to spend quite a bit of time apart. They are actually MORE likely to grant a tourist visa once you've already applied for a partner visa/PMV, because then it's more obvious you don't intend to overstay on the tourist visa.
Does this mean they can grant more time (IE: 4 -6 month)?
 

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Also GHere is a scenario:

Imagine she would come on a torsos /visitor visa to visit me, Australia in general, say we can make it for 4 month time maybe.
Then all of a sudden I would to propose to her and... Would I be able to marry her, while she is on her Tourist visa right there an then?
And if so would I be able to get her SOME sort of visa (once the tourist visa runs out), before the PMV Is granted?
If you marry her, you can no longer apply for a Prospective Marriage Visa. Can you clarify what you're asking here?

If you're asking if she can come over on a tourist visa (without having applied for anything else yet) and you can decide to marry her and then apply for a spouse visa, yes, you can, but you're going to have a lot of evidence to provide for the spouse visa and not much time to collect it. Financial evidence and evidence of combining households can be especially hard to prove with a short period of time.

If that's not what you're asking, can you clarify? Thanks
 

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Discussion Starter · #16 ·
If you marry her, you can no longer apply for a Prospective Marriage Visa. Can you clarify what you're asking here?

If you're asking if she can come over on a tourist visa (without having applied for anything else yet) and you can decide to marry her and then apply for a spouse visa, yes, you can, but you're going to have a lot of evidence to provide for the spouse visa and not much time to collect it. Financial evidence and evidence of combining households can be especially hard to prove with a short period of time.

If that's not what you're asking, can you clarify? Thanks
Basically, I'm asking this:
In December before New Year She can apply for PMV from Russia ( with my forms all filled in and supportive documentation)
Then early January 2014 apply for tourist Visa.... Knowing that we are planning to get married would Immigration give her more time ( of Tourist Visa) to stay in Australia during the processing time of our PMV, just so we can be together until she gets Grant (By which time ,I assume, she has to go back briefly to Russia to get it) ?
 

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Ah, I see what you're asking. The way you might want to consider phrasing it (if they even ask her why she's making the trip) is that she is planning to holiday in Australia with you while waiting for her visa to be processed. You make a good point about the length of time of the tourist visa, though - you may not get one for the entire duration of the processing of the PMV. You may have to spend a few months apart. If you absolutely can't stand that, your other option would be, as I said above, to decide while she is there on the tourist visa to get married, and then collect evidence of living together and sharing finances up until her tourist visa is about to run out and then apply for her spouse visa in Australia.

Of course, as I said, that requires more evidence and so can be riskier for someone in your particular situation. You have to weigh how much risk you are willing to take.

Keep in mind that onshore spouse visa processing is currently taking 18 months. During this time she would have access to Medicare and (once her tourist visa runs out) will be legally allowed to work. However, if she wants to leave the country she will have to apply for a Bridging Visa B in order to be allowed to travel outside the country.
 

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Discussion Starter · #18 ·
Of course, as I said, that requires more evidence and so can be riskier for someone in your particular situation. You have to weigh how much risk you are willing to take.

Keep in mind that onshore spouse visa processing is currently taking 18 months. During this time she would have access to Medicare and (once her tourist visa runs out) will be legally allowed to work. However, if she wants to leave the country she will have to apply for a Bridging Visa B in order to be allowed to travel outside the country.
But apart from time frame, I think it would be a better choice wouldn't it?
Not only we can get married, but with the use of bridging Visa, she can stay in Australia until she gets PMV. Is that right? I know she won't be able to go back to Russia, but that's a good thing isn't it?

SO from my understanding if the visa is applied SOMEHOW from ONSHORE, then she HAS TO stay in Australia until it is granted? Right?
 

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Are you getting the PMV and the spouse visa mixed up? I think that might where part of the confusion is coming from. The prospective marriage visa is the PMV. You can't apply for that in Australia (you have to be offshore), and you can't marry before that's granted.

If you want to apply from inside Australia so she can stay in Australia while it's being processed, it has to be a spouse visa, which requires more in-depth evidence.

If she applies inside Australia for a spouse visa and wants to still get her visa, she just has to apply for a Bridging Visa B in order to be allowed to go offshore temporarily. (well, technically she can leave the country anytime she wants - but she'll only be able to get back in if she goes the Bridging Visa B route). But it sounds like you're not concerned about her being able to leave during processing anyway.
 

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PMV is an offshore application only. You cannot apply onshore. But while waiting for a decision, she can come over to Australia using a tourist visa. If her tourist visa expired before a decision is made, then she have to leave Australia. Also, she need to be outside Australia in order for the PMV to be granted (just a short trip to nearby country will do, no need to fly back to Russia).

If you get married while waiting for a decision on the PMV application, then the application would be changed to a partner visa, which you need to provide more evidences and pay the extra application fees.

Given you situation, it is hard to provide sufficient evidence to show that you are living together as husband & wife for a considerable period of time. So, I guess you would have a hard time if you want to apply for partner visa at this stage.
 
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