Remaining relative visa - Page 3

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Remaining relative visa - Page 3


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  #21 (permalink)  
Old 07-01-2012, 08:47 AM
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Ohh I didn't realise your fiance was from Canada. For some reason I thought she was from Brazil but you never actually mentioned where she was from.

That gives you another option if she is under 31 - working holiday visa while you live together and gather evidence for your 820 application. She would most likely have to apply offshore but it is granted almost instantly.

Yes, she would probably have a good chance to get a tourist visa while waiting for the PMV to be processed offshore - she will have to be ready to go offshore when immigration are ready to grant the visa. No she will not be able to work.


  #22 (permalink)  
Old 07-02-2012, 05:26 AM
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Quote:
Originally Posted by russellie View Post
Ohh I didn't realise your fiance was from Canada. For some reason I thought she was from Brazil but you never actually mentioned where she was from.

That gives you another option if she is under 31 - working holiday visa while you live together and gather evidence for your 820 application. She would most likely have to apply offshore but it is granted almost instantly.

Yes, she would probably have a good chance to get a tourist visa while waiting for the PMV to be processed offshore - she will have to be ready to go offshore when immigration are ready to grant the visa. No she will not be able to work.
Sorry. I should have mentioned where she was from at the very start. At this stage am thinking PMV but will look further into the working holiday visa too.

Just wondering, is there no one that has applied for a spouse visa a week or two after getting married and been granted it onshore without having lived together before. Being a Roman Catholic, its a big no no from the family to live together before getting married. Hence the question.

Also, I read the partner migration booklet a couple of times and except for the de facto relationship, I didnt see any reference to the requirement of living together and sharing finances before the marriage.


  #23 (permalink)  
Old 07-03-2012, 06:47 AM
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Anyone?

Also, when applying for the PMV offshore is it possible to do the polic clearance and medical in advance just so that by the time its gets t the case officer he/she processes it straight away.

Any other tips on speeding up the process would be much appreciated.

Also, my fiancee is Canadian but has cousins in Fiji. Anyone know which place would be better to apply?


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  #24 (permalink)  
Old 07-03-2012, 08:08 AM
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I think you would have to be incredibly lucky and have a very sympathetic CO who would grant you a 820 visa without evidence of a shared life together if you were married. I believe you said you would only be married for 2 weeks before needing to apply for the visa - that isn't really enough time to prove to a CO that you are in a lasting relationship. I have read a couple of cases at the MRT where couples married overseas and then without any shared living/finances applied offshore but were denied on the basis that marriage isn't considered enough evidence. Either way, your fiancee would have to apply offshore. Plus you will have to declare there was a visa refusal - and immigration will know anyway - and unfortuantly your marriage might appear to the CO to be a marriage of convenience. Best not to give them any reason to think that.

Yes submit medicals and police checks if you get them done before applying - it will certainly speed things up. Even if you don't submit them with the application get them done before the CO asks. They are valid for 1 year.

I don't know processing times for centres outside of Australia - best to call the office you are thinking of applying at and ask.

I've been reading MRT case reports to try and find a precedent - a case like your fiancee's where the only living relative in the home country was missing or nil contact for years - but all I've found are rejections. Sorry.


  #25 (permalink)  
Old 07-03-2012, 11:06 AM
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Its a very interesting point you make. Just came back after submitting our NOIM with the parish priest and he made a very valid point. As Roman Catholics, the church talks about couples living together after being married. The fact that immigration law mandates the need for couples to live together before marriage to be eligible for a partner visa goes against this. So wouldn't this be a case of discrimination against Catholics?


  #26 (permalink)  
Old 07-03-2012, 11:25 AM
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I think that is why they have the PMV with none of those requirements.


  #27 (permalink)  
Old 07-03-2012, 01:12 PM
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Quote:
Originally Posted by russellie View Post
I think that is why they have the PMV with none of those requirements.
Agree. Unfortunately, with offshore option only. So for everyone else out there I guess in a similar situation like mine either live together for 12 months and share finances, etc OR get ready to pack your bags and leave for atleast 5-12 months to apply for PMV offshore.


  #28 (permalink)  
Old 02-03-2013, 06:33 AM
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Ms

I would like to post an enquiry. Apologies if this is not the correct forum/place.
My stepson has been refused Remaining Relative Visa because he has a 12yr old son in Iceland. It was a short relationship with the son's mother who has since married and has 4 other children. 12 year old has a wonderful family with half sisters and half brother and stepfather is called Dad. There is a good relationship between the family and stepson. However, my stepson has been on anti depressants since his only sister drowned 15 years ago but has been off the pills in the nearly 3 years he has been here with Aust family. We are desperate for him to stay here and after reading that adoption would 'negate' biological father in an article on your site, I am wondering if the stepfather adopted my stepson's son - would that negate him as biological father and therefore qualify him for Remaining Relative. He has applied to the Tribunal but we dont have much hope. Thanking you


  #29 (permalink)  
Old 02-04-2013, 02:18 AM
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Originally Posted by janete View Post
adoption would 'negate' biological father in an article on your site, I am wondering if the stepfather adopted my stepson's son - would that negate him as biological father and therefore qualify him for Remaining Relative
Hi Janette. Not sure if you had a chance to read through the entire post. My fiancee then but wife now was refused the visa too because her bio logical father despite being divorced by her mother and not being in contact for more than 10 years was considered a relative. Am no migration law expert but went down the same path as you and got told at the tribunal that the decision takes into account the situation that prevailed when the decision was made. So even if you are considering adoption as an option, at the hearing you will most likely be told that the current application will be refused and you may re apply at a later stage once adoption is complete. However, this is just my personal opinion based on recent experience and hence I would suggest you seek the advice of an agent. Am happy to pass on details of the one I used for my wife's application if it helps in any way.


  #30 (permalink)  
Old 09-24-2013, 12:41 AM
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Hi everyone,
Just wanted to say a big thankyou to everyone on this forum. My wife and I just got the good news that her Partner Temporary Visa (subclass 820) has been granted. We can now leave the country and go on our long awaited first international trip. For the benefit of others, we lodged our application in August last year and its taken a little over a year to process. There was 10 months of delay from RCMP in providing a police clearance certificate so am not sure if that caused any delay in processing. We now are eagerly looking forward to the next stage - permanent visa (subclass 801) which should happen in a year.

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