Aussie citizen marrying partner on tourist visa.

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Aussie citizen marrying partner on tourist visa.


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Old 06-16-2012, 08:59 AM
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Aussie citizen marrying partner on tourist visa.

Hi,

I am an Australian citizen and would like to marry my girlfriend. She came here on student visa and her visa will expiry next year in February.
Our relationship is genuine and we will soon live together in one apartment.

If anybody went through the same process recently can I ask for brief overview of whole process + ask few questions?

-What type of visa would be most suitable? Spouse temporary or DeFacto?

-How long does it take to receive decision?

-From the time we lodge an application for Temporary visa until decision will be made can she legally work during this period?

-What does it mean "register relationship"? I have seen it somewhere on this site but could not find an explanation.

Thank you.


Last edited by Kennard; 06-16-2012 at 09:03 AM.

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Old 06-16-2012, 09:33 AM
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Hi there

You need TO be eligible to file a partner application. Are you together for 12 months? Can you prove that you have been dating for this time?

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Old 06-16-2012, 09:43 AM
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Hi Rufa,
Thanks for your reply.
Well, we are together for about 6 months. Does that mean we can not proceed with Spouse temporary or defacto application?


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Old 06-16-2012, 10:21 AM
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Quote:
Originally Posted by Kennard
Hi Rufa,
Thanks for your reply.
Well, we are together for about 6 months. Does that mean we can not proceed with Spouse temporary or defacto application?
Unfortunately no. You have to have a minimum of 12 month relationship.
Keep record of your relationship, like pictures with friends, family, trips you have made, history of your bills that prove you speak on a regular basis, joint account, presents, special dates all this helps build your genuine relationship, the rent of your apartment, utility bills with both names and same address are also very good proof etc. You will need to prove these 12 months. Do you have records of the beginning of your relationship?

The good thing is until february 2013 you have plenty of time and your girlfriend can stay with you until a decision has been made. Just complete the 12 months, gather all the papers ( you girlfriend will need to get police checks, birth certificate from her country among other things. And it does take some time to gather. You also need to write up a statement on the history of your relationship. It took me 3 months and some money to gather a 12 year relationship

Do not cancel the student visa until all this is done and sent to immigration, they will guide your through the next steps.

Do it and do it well so that it doesn't look dodgy from an outsiders point of view, and it will be fine. They pay extra attention to every detail, so give them facts and proof of a solid well presented application and you should fine

Let me know if you need anything else mate!

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Old 06-16-2012, 11:15 AM
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Hi Kennard, if you register your relationship with the relevant state or territory government authority, then you don't need to satisfy the 12 month relationship requirement - but bear in mind that you still need to satisfy your case officer of the genuineness of your relationship, which may be an issue if your relationship has been going for only 6 months.

Registration of relationship: Births, deaths and marriages registries - australia.gov.au

Good luck!

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Old 06-16-2012, 11:35 AM
bma bma is offline
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Hi Kennard,

have you read the Partner Migration booklet? It explains how to apply for the appropriate partner visa.
Partner Migration Booklet


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Old 06-17-2012, 12:10 AM
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I think she can do 20 hours a week work on the student visa....
She cannot legally work until another temporary PR visa is granted.
If she is from a E-visa country then there may be other options for a work visa....
Check with immigration....

If you love her then marry her.....go to Births,Deaths & Marriages and sort it out......

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Old 06-19-2012, 08:42 AM
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Thanks to all of you who replied.

How does it work with "registering relationship"?

Tried to find information on their web site but coulnd find anything.


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Old 06-19-2012, 08:53 AM
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Quote:
Originally Posted by rufa View Post

Let me know if you need anything else mate!
Hi Rufa,
Thanks a lot for your lengthy reply.

You seems to be very knowledgable. May I kindly ask you to write briefly about steps couple need to undergo in order to get Spouse Temporary or Defacto visa, please?

Probably first step need to be to register our relationship. What can I expect next. How many months can this adventure take?

Thank you.


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Old 06-19-2012, 09:58 AM
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Hi Kennard

I have been through the same situation. First of all I think you have to consider if you wanna marry your girlfriend at this stage or register your relationship with the gov as de facto partner. Its a big step in life.

If you register your relationship (de facto relationship isnt available in every state) or marry your girlfriend you dont have to have the 12 month relationship requirement. If not you have to prove that you have been living with her as partner for 12 months. Either which way, you still have to provide evidences to show that your relationship is genuine and true. For example, rent lease showing both of your name, joint bank account, joint asset, photos of you and with friends and family, receipt bearing both of your name, tickets to overseas (if been overseas together) etc... the immi wanna see that you two have the commitment to be a couple.

you should look up the immi website for more info as bma said above there is a Partner migration booklet. It explains everything. what you should look up is Onshore Temporary and Permanent (Subclasses 820 and 801) Visa.

If you apply the partner visa while your girlfriend is still on the student visa, she will be granted a Brindging Visa automactically and it will be in effect once the student visa expires. this visa bears the same conditions as the previous one.

The first step is to think about your relationship status first, whether you wanna be married or be in a de facto relationship. its a long term commitment so dont rush just to be able to apply the visa. the second step is to gather all the necessary evidences and documents for the visa (police check and medical check is vaild for one year). after that fill in the forms and tick off the checklist (you can find it on the immi website).

good luck to you and your girlfriend!

Nelly87 and bma like this.

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