Applied for PMV but looking for better option

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Applied for PMV but looking for better option


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Old 02-17-2015, 10:23 PM
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Applied for PMV but looking for better option

I'm in Australia on a one year holiday visa but have to leave the country every 3 months. I came to Australia to move straight in with my partner on 03/06/2014 our relationship started end of Jan start of Feb 2014 online. My partner came back to Scotland for a holiday 10/03/2014 and that's when we first got together as a couple, we went to a wedding as a couple and went on holiday with her 2 boys from a previous marriage as well. She was born in Australia but her family moved to scotland, she has a previous marriage and moved back to Australia in 2007. I've knowing my fiancée for nearly 16 years ( she even asked me to strip for her on her hen night from her previous marriage ) and have chatted as friends online for nearly 5 years so we have a long history of knowing each other. When went to Phuket in September and got engaged. We then went to Bali in November and lodged PMV and yesterday I arrived back from Bail and got pulled aside by immigration. My holiday visa runs out on 28/04/2015 and since the waiting time for our PMV is about August 2015, they told me I would VERY likely get turned away if I tried to come back on a holiday visa. Does anyone have any advice about another visa ?? We really don't want to be apart come end of April and not just as a couple, I'm a massive part of her boys life's now. I train them at soccer and even coach one of there teams. Any advice would be most appreciated.


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Old 02-17-2015, 10:49 PM
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Quote:
Originally Posted by GB1979 View Post
I'm in Australia on a one year holiday visa but have to leave the country every 3 months. I came to Australia to move straight in with my partner on 03/06/2014 our relationship started end of Jan start of Feb 2014 online. My partner came back to Scotland for a holiday 10/03/2014 and that's when we first got together as a couple, we went to a wedding as a couple and went on holiday with her 2 boys from a previous marriage as well. She was born in Australia but her family moved to scotland, she has a previous marriage and moved back to Australia in 2007. I've knowing my fiancée for nearly 16 years ( she even asked me to strip for her on her hen night from her previous marriage ) and have chatted as friends online for nearly 5 years so we have a long history of knowing each other. When went to Phuket in September and got engaged. We then went to Bali in November and lodged PMV and yesterday I arrived back from Bail and got pulled aside by immigration. My holiday visa runs out on 28/04/2015 and since the waiting time for our PMV is about August 2015, they told me I would VERY likely get turned away if I tried to come back on a holiday visa. Does anyone have any advice about another visa ?? We really don't want to be apart come end of April and not just as a couple, I'm a massive part of her boys life's now. I train them at soccer and even coach one of there teams. Any advice would be most appreciated.
How old are you? a working holiday visa might be a possibility if you are 30 or under.

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Old 02-17-2015, 10:53 PM
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Nope, 36 in May. Could really do with a visa that will give me a bridging visa so i can work. Not worked since I left my job in Scotland at the end of May last year.


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Old 02-17-2015, 10:55 PM
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Withdraw the PMV and file an 820 onshore if you can register your relationship or get married and have solid evidence.

And, would recommend a chat with an agent.


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Old 02-17-2015, 11:29 PM
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And, would recommend a chat with an agent.
It might have been a good idea to have done this first to see whether an elegant solution could be found.

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Old 02-17-2015, 11:33 PM
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Do keep in mind that if you withdraw the PMV and apply for the 820, you'll lose your PMV application fee and have to pay the full price for the 820.

When did you first begin living together? If you didn't begin living together more than 12 months ago (and/or if you don't have evidence of living together, like correspondence to both of you at the same address each month, evidence of shared finances, etc.) you'll need to live in a state that allows you to register your relationship, or you'll need to get married. Those are the only two things (besides the birth of a child you're having together) that waive the 12 month requirement.

Either way, to apply for the 820 onshore, you're going to need evidence of living together and evidence of shared finances (like use of a joint bank account for shared expenses). It just doesn't have to total 12 months if you're married or have your relationship registered by the state you live in.

I'm actually not sure why they would give you a hard time about using your visitor visa if you've already applied for the PMV. Did you tell them you had? Did you say you were using it to "wait out" your PMV? Some of the strictest immi officers don't like that. Typically you want to say that you've applied for the PMV, and that you're holidaying with your partner in the meantime (and talk about some of the things you plan to do on holiday). I actually don't think we've heard of someone who'd already applied for a PMV being given a hard time about using a tourist visa multiple times before. It doesn't happen often, at least not among those on this forum.

Unfortunately there's not going to be any other type of visa that's easy to get and will allow you work rights while you wait for your PMV. If you do apply for the 820, you'll get a BVA (Bridging Visa A) that will kick in as soon as your current stay on your tourist visa expires and allows you to work. Like I said, though, that would be an expensive way to go (losing your PMV application fee and paying another $6.8k for an 820), AND you'd need to make sure you're fully qualified for the 820.

Otherwise, just wait out the rest of your PMV, OR talk to an agent and see if it might be worth trying your luck at going out and coming back on your tourist visa again (and perhaps getting an officer who's not quite so strict). It sucks being separated from your partner, but lots of us have been through it while waiting on visas. Sometimes it's unavoidable. It's better than getting an 820 denied (if you might not qualify) and risking being separated for much longer and losing even more money.

Either way a MARA-registered agent (like Westly above) can steer you in the right direction.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

Last edited by CollegeGirl; 02-17-2015 at 11:35 PM.

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Old 02-18-2015, 12:04 AM
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It might have been a good idea to have done this first to see whether an elegant solution could be found.
I got in touch with my agent when I arrived back. She is trying to find the best option, just thought I'd ask on here incase something came up that my agent might not think of.


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Old 02-18-2015, 12:19 AM
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Hi CollegeGirl

Yeah I understand I'd lose the fee for PMV. We started living together 03/06/2014, we would struggle to prove that as we didn't realise about setting everything up in our names was so important ( yes a bit stupid )
Well I thought that since we lodged the PMV everything would be ok with coming and going on a holiday visa, when they spoke to me when I left in November to lodge the visa they were fine and when coming back in November after it was lodged they took me aside, I told them I've lodged a PMV and they said that's ok and let me go no problem. The woman at immigration yesterday was so nice and honestly believe if I came back in May on a holiday visa she would let me in, she pretty much hinted that you may get someone not so nice that would turn you away.
Yeah $6.8k for visa and then $3k for agent fees and that wouldn't start till May. Might go back to Scotland for a couple of weeks when my visa expires and try another holiday visa, I should only need in for approx 3 months and that would be very close to visa getting granted. Yeah wouldn't want a visa getting denied and having a bigger wait or even more time apart.

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Old 02-18-2015, 05:49 AM
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Originally Posted by GB1979 View Post
Hi CollegeGirl

Yeah I understand I'd lose the fee for PMV. We started living together 03/06/2014, we would struggle to prove that as we didn't realise about setting everything up in our names was so important ( yes a bit stupid )
Well I thought that since we lodged the PMV everything would be ok with coming and going on a holiday visa, when they spoke to me when I left in November to lodge the visa they were fine and when coming back in November after it was lodged they took me aside, I told them I've lodged a PMV and they said that's ok and let me go no problem. The woman at immigration yesterday was so nice and honestly believe if I came back in May on a holiday visa she would let me in, she pretty much hinted that you may get someone not so nice that would turn you away.
Yeah $6.8k for visa and then $3k for agent fees and that wouldn't start till May. Might go back to Scotland for a couple of weeks when my visa expires and try another holiday visa, I should only need in for approx 3 months and that would be very close to visa getting granted. Yeah wouldn't want a visa getting denied and having a bigger wait or even more time apart.
You do know PMV processing times from London are 10-14 months?

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