prospective marriage visa AUS and INDONESIA - Page 25

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prospective marriage visa AUS and INDONESIA - Page 25


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  #241 (permalink)  
Old 02-28-2013, 05:35 AM
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Ok, so does this means that it is much easier to apply for Prospective Marriage Visa (Subclass 300) rather than Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801) ?


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Old 02-28-2013, 05:39 AM
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They are two different things. If you are offshore and your partner is an Australian citizen or permanent resident, yet you have not lived together before nor are married, then you would need to apply for the subclass 300 first. Once you get to Australia and get married then you would apply for the 820/801 which will grant you temporary residence while they decide about your PR. My partner came here on the subclass 300 and we're getting married in 2 months, we've already started collecting documents and bits for the 820/801 so we can lodge it as soon as we have our official marriage certificate

If you are overseas but have previously lived with your partner (not necessarily in Australia) and have significant proof of your relationship then you could apply for a 309, followed by the 820/801 once in Australia. If you are already in Australia and can prove you have been with your partner for a significant period of time you can apply directly for the 820/801

And to answer your question in another form, the paperwork, documents and forms needed for the 300 and 820/801 are very similar but from what I can see it's going to be way easier and less complicated for the 820/801 than it was for the 300. My partner had troubles chasing up some of her documents, then she was always busy working etc. It dragged on for ages. At least now she's here, has all her originals plus any further proof can be obtained from within Australia, not trying to organise stuff via Skype :P

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Old 02-28-2013, 06:03 AM
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They are two different things. If you are offshore and your partner is an Australian citizen or permanent resident, yet you have not lived together before nor are married, then you would need to apply for the subclass 300 first. Once you get to Australia and get married then you would apply for the 820/801 which will grant you temporary residence while they decide about your PR. My partner came here on the subclass 300 and we're getting married in 2 months, we've already started collecting documents and bits for the 820/801 so we can lodge it as soon as we have our official marriage certificate

If you are overseas but have previously lived with your partner (not necessarily in Australia) and have significant proof of your relationship then you could apply for a 309, followed by the 820/801 once in Australia. If you are already in Australia and can prove you have been with your partner for a significant period of time you can apply directly for the 820/801

And to answer your question in another form, the paperwork, documents and forms needed for the 300 and 820/801 are very similar but from what I can see it's going to be way easier and less complicated for the 820/801 than it was for the 300. My partner had troubles chasing up some of her documents, then she was always busy working etc. It dragged on for ages. At least now she's here, has all her originals plus any further proof can be obtained from within Australia, not trying to organise stuff via Skype :P
Bonez,

Thank you for the clarification, so I yes, I'm in Australia already for 8 years, I've known her since last year, she's still on Student Visa until august this year after extending her study for another year just to get to know her, we're both living in different place and just moved together in to the shared accommodation this month but then it is still not enough to be considered as De Facto relationship.

My intention is to sponsor her right away before her visa runs out at the end of August this year. So in this case based on your sharing I can't apply for Prospective Marriage Visa (Subclass 300) since we both are in Australia and not yet married ?

We're both planed to get engaged in July 2013 so that's about one month before her visa expiry.


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Old 02-28-2013, 06:08 AM
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Hi SiteManager,

Hmm. I am not really sure with this one. Perhaps someone else might be able to advise you better, or if possible speak to Immigration or even an migration agent.

Your partner certainly can't apply for a subclass 300, not unless she goes back to Indonesia, applies and waits 12 months for it to be processed. Then you get married AFTER she comes to Australia on that visa.

She might be able to apply for an 820/801 but like I said above you would need to be able to prove that you've been in a genuine ongoing relationship for more than 1 year. Things that will help you are joint bank accounts, utility bills at the same address in both your and her names etc. If you aren't living together it makes it a bit harder.

I would recommend you talk to a professional. Good luck...

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Old 02-28-2013, 06:14 AM
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Cool, many thanks for the quick reply I appreciate your clarification.
then the only way to sponsor her quickly is by applying Visa 820 for Permanent partner.

if that is the case then it is lesser than one year of living together because of her visa limitation.

and then we'll have to be separated for the duration of the visa process while waiting for the Visa to be approved. How long would that take ?


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Old 02-28-2013, 06:47 AM
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Cool, many thanks for the quick reply I appreciate your clarification.
then the only way to sponsor her quickly is by applying Visa 820 for Permanent partner.

if that is the case then it is lesser than one year of living together because of her visa limitation.

and then we'll have to be separated for the duration of the visa process while waiting for the Visa to be approved. How long would that take ?
OK, unless you have been together for a year, have registered your relationship or are married then you can't apply for the 820 visa without it being rejected. Many people are separated waiting for visa approval, it is Australian government policy to cause pain and suffering to couples who want to be together, requiring proof that they are living together and then keeping them apart as much as possible.....

Kttykat




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Old 02-28-2013, 06:51 AM
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OK, unless you have been together for a year, have registered your relationship or are married then you can't apply for the 820 visa without it being rejected. Many people are separated waiting for visa approval, it is Australian government policy to cause pain and suffering to couples who want to be together, requiring proof that they are living together and then keeping them apart as much as possible.....

Kttykat
Yes that's how we feel, so in this case the only way to sponsor her is by using Visa 300 after her student visa expired at the end of August.

which means applying offshore for a prospective marriage offshore.


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Old 02-28-2013, 06:57 AM
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Yes that's how we feel, so in this case the only way to sponsor her is by using Visa 300 after her student visa expired at the end of August.

which means applying offshore for a prospective marriage offshore.
Yes, the whole onshore offshore process is a pain... We did the right thing and applied offshore for the 309 but feel that we are really penalized for doing so, if we had broken the rules and applied onshore I would have been allowed to stay and work while they contemplated their navels or what ever they do when it takes them more than a few months to decide if we are indeed genuine or not....

Kttykat




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Old 02-28-2013, 07:09 AM
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But obviously to apply onshore you'll have to get married onshore (using wedding celebrant) or does it needs to be 12 months evidence of living together ?


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Old 02-28-2013, 07:20 AM
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But obviously to apply onshore you'll have to get married onshore (using wedding celebrant) or does it needs to be 12 months evidence of living together ?
To apply onshore you only need the right kind of visa when you apply (ie with a no further stay 8503) and to be married or have lived together for the last year or more.

Kttykat




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