Marry on a tourist visa then apply for Partner Provisional 300 and Partner Visa 100

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Marry on a tourist visa then apply for Partner Provisional 300 and Partner Visa 100


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Old 07-04-2015, 06:50 AM
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Marry on a tourist visa then apply for Partner Provisional 300 and Partner Visa 100

Hi.....my future wife is from Indonesia, I am Australian citizen. She has a Tourist (Class FA) visitor (Subclass 600) visa with the conditions
- 8101 (no work) and 8201 (max 3 months study).

That's all fine as she wouldn't stay here right now due to many other commitments in Indonesia.

She will be coming for a holiday again in Sep15 and we would like to marry here in OZ before she returns back to Indonesia in the same month.
From there we would apply (off shore) for Partner prov 309 and Partner visa 100. We have not lived together as this was simply impossible.

QUESTION 1: Can someone tell me that this would be the right way to do and that we are not getting into trouble with the current tourist visa?


Since she has a dependant child at the age of 14 we will obviously include her in the partner application. We have already found a place for her high school here in OZ and had an interview.

QUESTION 2: Would the provisional partner visa 309 grant public high school education for the child or would the child be classified as International student? This obviously has cost implications and I'm asking because the 309 states "study in Australia, but with no access to government funding"


In my partners case her there is no "custody document" for the child and it will be mission impossible to get one. I don't know the exact reasons why, it's just what it is.

QUESTION 3: Are there any possible issues with this? Or is it possible with fathers signature to get around this?

Can someone help us out and clear the mud....thanks


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Old 07-04-2015, 07:28 AM
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G Day Krui,

In general, you say your fiancÚ has other stuff to take care of in Indonesia, so if you mean she wouldn't be ready to come for 12 months, then 309 would be your best bet. Provided say can prove a 12 month relationship already.

That doesn't mean having actually lived together. If you met her face to face over 12months ago, and committed to a relationship some time after that, then 12 months from that date, you can apply for a 309, with some confidence that all will be ok.
(there is a new ruling about de facto not having to prove to have lived together, that is a new ruling, and could be challenged yet by DIBP minister or AG)

If you tie the child to the 309, government high school education will be allowable.

If you can get the Father to sign off on a document that says he allows for the child to relocate out of Indonesia, then that should be suffice.

You may look at the 300 PMV visa, as another option.


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Old 07-05-2015, 09:07 AM
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I think you should have a good look at the relationship requirements for the 309/100 visa. Just getting married by itself is not enough. You may want to consider the prospective marriage visa instead.

If the child is to be included, she will need permission to emigrate from the other parent.

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Old 07-05-2015, 11:08 PM
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would the child be classified as International student?
No. The person who conducted the interview, should have told you this.

If you are not very careful, you will open a can of worms.

May I suggest that you consult a registered migration agent to develop a viable visa strategy?

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Old 07-05-2015, 11:11 PM
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[QUOTE=pkbeanie;941393]

Thank you pkbeanie..that's valuable information.
Much appreciated


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Old 07-05-2015, 11:15 PM
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Originally Posted by CCMS View Post
I think you should have a good look at the relationship requirements for the 309/100 visa. Just getting married by itself is not enough. You may want to consider the prospective marriage visa instead.

If the child is to be included, she will need permission to emigrate from the other parent.
Thanks Nick, we had a good look at 309/100
- Sponorship
- mutual commitment
- genuine relationship
- separation :-( there is nothing we can do...it's just the nature of the situation

Is there anything substantial I am missing with 309/100 or is it just too hard (I am hearing that PMV is easier...but we looked into this and still believe that 309/100 is the right one for our us)

Thanks


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Old 07-05-2015, 11:17 PM
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Originally Posted by wrussell View Post
No. The person who conducted the interview, should have told you this.
Thanks Westly...it wasn't coming from an interview, just a personal thought / assumption.
Cheers


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Old 07-06-2015, 12:25 AM
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Quote:
Originally Posted by Krui View Post

Thanks Nick, we had a good look at 309/100
- Sponorship
- mutual commitment
- genuine relationship
- separation :-( there is nothing we can do...it's just the nature of the situation

Is there anything substantial I am missing with 309/100 or is it just too hard (I am hearing that PMV is easier...but we looked into this and still believe that 309/100 is the right one for our us)

Thanks
Hi
If you wish to follow the path of getting married then applying check out this link.
It refers to defacto relationships but the only difference is that being married you dont have to prove a 12 month relationship, HOWEVER you still need all the other evidence.
http://www.australiaforum.com/visas-...visa-tips.html
Hope this makes it clearer.

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Old 07-06-2015, 01:28 AM
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Originally Posted by Krui View Post
Thanks Westly...it wasn't coming from an interview, just a personal thought / assumption.
Cheers
My mistake. I read too much into this:

Since she has a dependant child at the age of 14 we will obviously include her in the partner application. We have already found a place for her high school here in OZ and had an interview???

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Old 07-06-2015, 01:55 AM
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Quote:
Originally Posted by Krui View Post
Thanks Nick, we had a good look at 309/100
- Sponorship
- mutual commitment
- genuine relationship
- separation :-( there is nothing we can do...it's just the nature of the situation

Is there anything substantial I am missing with 309/100 or is it just too hard (I am hearing that PMV is easier...but we looked into this and still believe that 309/100 is the right one for our us)

Thanks
In general terms (because I don't have access to your documentation and I don't know your personal circumstances), my first concern with a sc. 309/100 would be the time you will live together in a joint household after you get married prior to the application.

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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