Applying for Partner visa while on tourist visa?

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Applying for Partner visa while on tourist visa?


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Old 09-08-2011, 11:03 PM
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Applying for Partner visa while on tourist visa?

Hi everyone,

I need some help in deciding which VISA to get for my fiancee.
I am Australian citizen.

My girlfriend is currently on WHV, but I don't think that matters, does it?
Because basically I'm marrying a Korean girl overseas and wanting to start my family here.
So, we just bought 2 return tickets from Sydney to go back to Korea to get married.

Once we get there, we will get married then we will come back to live in Australia.

Now if we were to apply for partner visa in Australia, what VISA does she need to come into Australia without "the" return ticket to Korea?

Does the ETA visa work for us? I'm asking because I don't want immigration to give her "no further stay" conidition on her visa, because we will be applying for partner visa here.....

Its so confusing.. please help.


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Old 09-09-2011, 03:10 AM
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how long have you known each other?


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Old 09-09-2011, 03:43 AM
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This is exactly the same issue I'm going through right now (except I already got married overseas). I wish I Investigated further before getting married... but oh welll...

Take a look at my post if you wish http://www.australiaforum.com/visas-...ease-help.html

Basically there's not much you can do the prevent the no further stay. So i've concluded that it's less risky to apply for partner visa offshore and then get my wife to come here on a WHV while we play the waiting game. It can take up to 12 months to get partner visa approved. You can imagine the shock I was in, finding this out a week after we just got married

What I would've done different had I known:

I would've applied for an intent to marry visa, got married in Australia and then just applied for the partner visa onshore. That's the easiest option in my opinion.


Last edited by mzanin; 09-09-2011 at 03:48 AM.

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Old 09-09-2011, 04:25 AM
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Quote:
Originally Posted by Dreamweaver View Post
Does the ETA visa work for us? I'm asking because I don't want immigration to give her "no further stay" conidition on her visa, because we will be applying for partner visa here.....

Its so confusing.. please help.
I agree with mzanin.

You should:
1. Go to Korea
2. Apply for a Prospective Marriage Visa (can only be applied for offshore)
3. Once it's approved you have 9 months to get married, so get married in Korea
4. Also in that 9 months you must enter Australia
5. After you are married and you've entered Australia, you must apply for a partner visa

Don't worry, the cost of the partner visa is reduced if you came on a prospective marriage visa, so no matter whether you apply for a partner visa on a tourist visa or prospective marriage, everyone pays the same ammount.

If you prefer, you can apply for the partner visa offshore, that's a cheaper option.

Read the partner migration book to help you:
http://www.immi.gov.au/allforms/booklets/1127.pdf

mzanin likes this.

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Old 09-09-2011, 04:38 AM
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hi SarahM

You missed a step in the timeline, and its rather important!

AFTER approval of the PMV and BEFORE marriage, the applicant must enter Australia to "activate" the visa. This is very very important. You must not marry before entering Australia otherwise the PMV will be void (ie its a "PROSPECTIVE Marriage Visa" afterall!). The PMV comes with the following condition:

8515 you must not marry before entering Australia;

The approval letter will have a entry date on it -- the CO will use the proposed marriage date for this. You MUST enter Australia before the date, otherwise the PMV is void. Please note you cannot alter the entry date after the PMV is approved.

So basically -- if an applicant wants to get married in their own country, they can do so, however once PMV is approved they have to enter Australia first to active it, then return to their home country to be married, then re-enter Australia & apply for onshore spouse.



Quote:
Originally Posted by SarahM View Post
I agree with mzanin.

You should:
1. Go to Korea
2. Apply for a Prospective Marriage Visa (can only be applied for offshore)
3. Once it's approved you have 9 months to get married, so get married in Korea
4. Also in that 9 months you must enter Australia
5. After you are married and you've entered Australia, you must apply for a partner visa

Don't worry, the cost of the partner visa is reduced if you came on a prospective marriage visa, so no matter whether you apply for a partner visa on a tourist visa or prospective marriage, everyone pays the same ammount.

If you prefer, you can apply for the partner visa offshore, that's a cheaper option.

Read the partner migration book to help you:
http://www.immi.gov.au/allforms/booklets/1127.pdf

__________________

Last edited by theskyisblue; 09-09-2011 at 04:41 AM.

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Old 09-09-2011, 04:49 AM
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Quote:
Originally Posted by theskyisblue View Post
AFTER approval of the PMV and BEFORE marriage, the applicant must enter Australia to "activate" the visa. This is very very important. You must not marry before entering Australia otherwise the PMV will be void (ie its a "PROSPECTIVE Marriage Visa" afterall!). The PMV comes with the following condition:

8515 you must not marry before entering Australia;
AHH, my bad! Sorry theskyisblue, thanks for correcting me
You're 100% correct.

I guess the OP will have to decide whether they can afford going to and from Korea so many times...


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Old 09-09-2011, 12:59 PM
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Thank you so very much for all your inputs.

I've known here nearly 1 year and there is no doubt that I love her and I want to start a family together, all our friends and family approve of this.

We already have the tickets to fly out and get married.

Please give me some options.
We are definitely sure that we are flying out soon.
We want to get married in her country.

After getting married, can she come on in as a tourist visa and apply for partner visa? (if she does not get no further stay condition).

Please guide me. Thanks.


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Old 09-09-2011, 01:25 PM
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Quote:
Originally Posted by Dreamweaver View Post
Please give me some options.
We are definitely sure that we are flying out soon.
We want to get married in her country.

After getting married, can she come on in as a tourist visa and apply for partner visa? (if she does not get no further stay condition).

Please guide me. Thanks.
As mzanin already explained, the tourist visa will probably come with a no further stay condition. Of course, if it doesn't, you can apply onshore. A good idea is to apply for the partner visa offshore, and then apply for a tourist visa to spend time in Australia while a decision is being made - in this case she'd have to leave the country to be granted the visa.

It's either that or the prospective marriage visa, which would require you to travel to Australia to activate the visa, then return home to get married, then come back to Australia to apply for the partner visa.


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Old 09-09-2011, 01:34 PM
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Thanks. Why do you think she will get no further stay condition?

I don't want to apply offshore, because we are hoping that she gets pregnant soon and I don't want her flying overseas while bearing child........

Can I apply for PMV while there? Does it take more than 1 week to apply and get approved?


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Old 09-09-2011, 03:07 PM
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Quote:
Originally Posted by Dreamweaver View Post
Thanks. Why do you think she will get no further stay condition?

I don't want to apply offshore, because we are hoping that she gets pregnant soon and I don't want her flying overseas while bearing child........

Can I apply for PMV while there? Does it take more than 1 week to apply and get approved?
It's not 100% certain there will be a no further stay condition, but there always is a high chance for a tourist visa, but it's just a risk, it's up to you if you want to test it out.

A PMV must be applied for outside of Australia, so yes you can apply from Korea, but the standard processing time is 5 months at the moment (can be much more or less, it really depends), that's for a low risk country and it becomes 12 months for high risk (more or less). South Korea is low risk.
Here are the processing times (averages) for the partner visa too:
Client Service Charter

You must understand just how much effort a partner visa or PMV requres Read page 32 of the booklet I linked to, that's what you need for PMV. And page 41 is a list of the sorts of evidence you need for the partner visa.

You can go either way, you can try a tourist visa and see if there's the NFS condition or you can use the PMV or you can change your plans and apply for the partner visa offshore, it's really up to you


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