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Choosing the right visa - Prospective vs Partner

1K views 3 replies 4 participants last post by  Antonio10 
#1 ·
Hello,

Me and my boyfriend are in the talks of our future, he is from Brazil and I am a citizen in Australia. We want to get married, we have informed the important people in our lives and they are on board with our decision.

We want to get some advice on what is the best decision forward, prospective visa or partner visa? I don't think we have enough evidence to show we are financially committed - we are definitely a real couple thousands of messages, pictures we travelled to and fro the country etc.

My friend suggested getting married here while he is on a tourist visa and then applying for a partner visa, but is that really our only option?

I want him to be here as soon as possible, I want to plan our wedding, and the future together!

Confused:confused::confused::confused: and don't know what to do! Advice from someone would be amazing. Thank you!:)

A little more info
- Both work full time
- He owns assets
- Was here before on a Student Visa (With no problems)
- Lack of evidence financially (some money transfers at most)
- Evidence of being with family in Australia and Brazil

I hope to see more advice on my current situation! Thank you again!
 
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#3 ·
There are several issues to consider here. Will a tourist visa be granted and , if yes, will it come without " no further stay condition. They tend to be rather strict with applicants from Brazil and a " no further stay" condition will prevent him from applying for a partner visa onshore. On the positive side, if he is able to apply onshore, he'd get a bridging visa with work rights while the partner visa is being processed.

The other thing to consider is if you can meet the general relationship requirements, whether you are married or not.

It is probably a good idea to arrange a consultation with a registered migration agent, so you are well informed about all the options and requirements before making a decision.

www.ausvisa.net.au
 
#4 · (Edited)
Hi there,

Great to hear of a fellow Australian with a partner in Brazil. My wife and I (she is Brazilian and I am Australian) are waiting for her 301 Offshore Partner visa to be assessed.

I think you have a few options, maybe more depending on your specific circumstances.
1. Offshore partner visa (You are married in Brazil, lodge the application and he waits in Brazil until it is approved. Probably the cheapest out of the lot in the long run but the wait can be long)
2. Prospective marriage visa (usually cheaper and shorter assessment timeframe than the above but not always, and not always cheaper when you add up the costs of getting married in Australia)
3. Onshore partner visa (he works or studies in Australia and you lodge the application along with a bridging visa whilst you are both together in Australia).

I didn't mentioned the tourist visa option as i don't think that's what tourist visas are intended for and could be risky for you both in the long term. Coming to Australia on a tourist visa with the intention to marry an Australian is kind of fraudulent. It also skips the application fee, processing and wait period. Think of it as jumping the queue.

My best advice is to establish the visa most applicable to your situation. Remember its not about what visa you wan't, its about what visa best applies to your situation. So you don't have your application denied, loose your application fee and worse, waiting longer (and Brazil is not close). This is when a migration agent helps. You need to identify what your relationship is at the present and what you want it to be in the future and pick the applicable visa. Look at the descriptions for each visa, what is NOT your situation? Then eliminate that visa option. I wouldn't worry if you can't fulfil all the criteria as i think relationships are different and case officers would take into consideration all the information you provide as a whole in making a decision.

I used this booklet to help us with our application, It answers questions that are not on the Immigration website. https://www.border.gov.au/FormsAndDocuments/Documents/1127.pdf

Best of luck to you both.
 
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