Best Visa Options? Defacto? Prospect to Marriag? or Holiday Visa then get married?

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Best Visa Options? Defacto? Prospect to Marriag? or Holiday Visa then get married?

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Old 04-20-2012, 12:35 PM
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Join Date: Apr 2012
Posts: 16
Users Flag! From australia

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Best Visa Options? Defacto? Prospect to Marriag? or Holiday Visa then get married?

Hi all.

Here is our situation -

I (Sarah) am an Australian citizen. I met my Boyfriend Dan who is from the UK while he was on his 1 year working visa. We met on his 2nd night in Australia, New Years Eve 2010 going into 2011. And then began an official relationship as of 26th of February 2011. During the year of 2011, I was living and studying in Melbourne, whilst Dan was working and commited to playing soccer. Because of this, Dan was unable to complete his 3 months of farm work/fruit picking to trigger his 2nd year visa. As a result, we looked into the possibiltities of us applying for a Defacto Visa with me being the sponsor, but after speaking with immigration they informed us that we would have to be living together (evidence of this) / have joint bank accounts + more evidence, we weren't in a position at this time to provide such evidence as we had not lived together for the 1st 12 months of the relationship etc.

Our next option, was for me to travel to the UK with Dan so I applied for a UK Working Visa to go and live with Dan and his family. This is where we are at now, I arrived here on the 26th of Feruary 2012. Previous to me moving my life to the UK in February to be with Dan, we lived together in NSW at my Grandfathers house for over 2 months.

We now have:
- Joint bank accounts
- Plenty of receipts of joint purchases - such as holidays, daily household shopping, social outings with friends, presents, holiday intinerary and flight tickets, photos from various weekends away together, festival tickets, and tickets to different shows we will be attending and have booked together throughout the year.
- Not to mention that I have put my life and future study arrangements on hold to fly to the other side of the world so that Dan and I can in the near future return to Australia, legally, doing everything the right way, and continue with what we had planned for our lives.

The dilemma we have, is not having a lease agreement, as we understand this would be a very strong form of evidence for the defacto visa, as at the moment it makes more sense for us to live with Dans family as there is plenty of room and rent/bill free. Other evidence that we have would include, official statements declaring our relationship from friends, family, work colleagues etc. We have also started a timeline blog online, that we will be updating on a daily basis, documenting our not only day to day lives here in the UK, but our adventures and travels around Europe together along the way. The blog has dates and times, with photos of us together and the places that we visit.

So taking this into considerationwhat visa would you suggest we as a couple apply for? Initially we had planned a Defacto Visa application, but are worried the fact that we dont have a lease agreement may mean that it would be declined??? And because there are other option we are now contenplating other avenues - such as - 1. Prospect to Marriage Visa, could anyone share any information on what the differences are between a Defacto Visa and a Prospect to Marriage Visa and also with the evidence that we have in place what would you suggest be our best option?
At this point it is worth mentioning we are commited to marry, just financially we would rather delay this so we can fly dans family out and arrange the best possible wedding. So until thenwe would be happy to save our money whilst I am sponsoring Dan on a Defacto Visa.
The last and other option I think we have, is for Dan to apply for just a 3 month holiday visa, and then during those 3 months, atleast a month before this visa ends, organising with a celebrant to marry us in Australia while Dan is on a holiday visa. It would be a very low key event, again for financial reasons alone, and in the future, celebrate properly. The fact that we are having a low key event, will this go against us once Dan applies for the relevant visa once we are married while he is on a holiday visa???
Will immigration think we've done sneaky one and kick him out anyway?
We understand that he would be on a bridging visa and will not be able to work, but thats a bridge we will cross when the time comes. But for now, we would like advice on whats the best route for us to go down as a couple desperate to get back to Oz, with the evidence that we have, not necessarily the quickest route, but the more realistic and legal judging on the evidence that we have.

Any feedback would be much appreciated!!! Please explain to us in as simplest terms possible, we dont want any confusion/misunderstandings.
Thankyou so much in advance.

Kind Regards, Sarah & Dan

  #2 (permalink)  
Old 04-21-2012, 12:22 AM
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Join Date: Mar 2012
Posts: 82
Users Flag! From australia

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Hi Sarah,
You probably have figured out by now that the best we can offer is advice borne of personal experience. There is a good deal of sensitivity to the fact that decision you make has to yours, after YOU look at all the options. We all understand the consequence of taking advice that is not researched.
So do your research and look carefully at the partner booklet on the immig website.
If you are thinking of getting married anyway, the prospective marriage visa is a good option. You will need to have a "single or free to marry" certificate and you will need to lodge what is called a NOIM ( Notice of Intent to Marry) You can find a celebrant or simply lodge it with a registry in any state of OZ. They send you a letter acknowledging receipt of the fee and with a date that has been booked.
You must be over 18, not related and free to marry to apply and you already met the "one of you is a citizen"
You have to have met once, which clearly is the case and the evidence must be sufficient to satisfy a genuine and continuing relationship test.

If you have been together in the relationship for 12 months, then you have what you need to apply for defacto. His parents can declare that you have been living with them and sign statements ( but not stat decs which are for aussie citizens and have legal punch) related to the rent they are "waiving" so you can afford to be together.
This will be important as, if you traveling, you want to assure immigthat you have a "base" and are not just traveling together for a lark.
Just think about what your goals are.
PMV can be faster, but not always, and it is more costly and drawn out in terms of getting to PR status.
De facto may be longer, but not always, and is a little more cost effective in the long term as there are fewer steps to PR
Hope this helps...please remember I am not giving you immigration advice, just my own reflection on the rules.

Australian Sponsor
American Husband

All my suggestions and ideas and reflections are the result of my own experience and are offered up as my own personal opinions.

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