Prospective Marriage Visa - Page 2

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Prospective Marriage Visa - Page 2


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  #11 (permalink)  
Old 01-21-2013, 08:18 PM
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Originally Posted by CamJohnson View Post
Hi,

My girlfriend has been in Australia for the last 12 months on a Work and Holiday visa, which has now expired. She is currently in the US and we are looking to get a Prospective Marriage visa so that we can be together and get married withing the next 9 months.

The problem is that we do not want to be apart for the 5 months that this visa will take to process. We can get her a tourist visa for 6 months but it will be issued with a 'No Further Stay Condition'.

The 'No Further Stay Condition' states that she will not be able to apply for any other visa while she is in Australia. But what we would like to do is apply for the Prospective Marriage visa prior to her coming to Australia (on the Tourist Visa). When the Tourist visa expires, she will go back to the states and by then the Prospective Marriage Visa will be approved. We can not afford an immigration agent with all the costs of these visas and flights, so I am looking for some advice on whether or not we can do this. Or if there is any other possible (somewhat affordable) solution.

The whole system is very complicated and stressful, any help or advice would be greatly appreciated.

Thanks,
Cam Johnson
Pity you already applied for the tourist visa and Mark is right, you had better sort it out ASAP as you don't want a visa denied on your application if you can help it.

What we did in our case was to apply for a 309 partner offshore (similar processing requirements to the 300) then use an ETA (visa waiver) that took two minutes to get online. The ETA allows 90 days entry to Australia and didn't require any evidence etc. When the 309 is ready to grant I will go offshore to New Zealand so they can grant it. If the 309 isn't granted before the 90 days is up I will go to NZ to get another 90 days on the ETA and return to Australia. The ETA is good for a year doing it that way. This was what immigration suggested that I do! I had to let our case officer know about my plans to travel to Australia first.

http://www.immi.gov.au/visitors/tourist/976/ Information on the ETA

Kttykat




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Last edited by kttykat; 01-21-2013 at 08:22 PM.

  #12 (permalink)  
Old 01-21-2013, 08:34 PM
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Quote:
Originally Posted by nadam

Just on this ...

The other day I received an email reply from the Case Officer processing our Prospective Marriage visa application.

After stating to her our intention to travel to Australia on a Tourist visa and marry, she replied saying that would be fine, however we would have to not change our application to a Partner Visa, but to re-apply offshore (free-of-charge) for the Partner visa application - and that the processing time would re-set(!?).

I have to say, this is the first I've heard of such a thing. Can anyone else confirm or deny this?

Thought I would bring it up to you in any case. Hopefully it's all bollocks
If you re apply yes the process time would be reset but with y situation I'm only switching the visa application and as far as I have been told by immigration of Australia that it doesn't delay or extend the waiting process.


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Old 01-21-2013, 09:41 PM
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Originally Posted by kttykat View Post
Pity you already applied for the tourist visa and Mark is right, you had better sort it out ASAP as you don't want a visa denied on your application if you can help it.

What we did in our case was to apply for a 309 partner offshore (similar processing requirements to the 300) then use an ETA (visa waiver) that took two minutes to get online. The ETA allows 90 days entry to Australia and didn't require any evidence etc. When the 309 is ready to grant I will go offshore to New Zealand so they can grant it. If the 309 isn't granted before the 90 days is up I will go to NZ to get another 90 days on the ETA and return to Australia. The ETA is good for a year doing it that way. This was what immigration suggested that I do! I had to let our case officer know about my plans to travel to Australia first.

Kttykat
Hi,

Thanks for your response.

Does anyone know if it is possible to cancel our current tourist visa application for 6 months and re-apply for 3 months?

Or, could we just apply for the 3 month ETA now, and let the 6 month tourist visa application expire (as we haven't sent off the supporting documents yet)?
I will probably just try this and see what happens, then we could do as you suggested and plan a short holiday to NZ to get it renewed after three months.

So you are still awaiting your Partner Visa to be granted? How long has it been?


Regards,
Cam


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  #14 (permalink)  
Old 01-21-2013, 10:00 PM
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Originally Posted by lipsmackingkiss View Post
I'm in the exact same situation so I will give you an Idea of how I did it.
I applied for prospective marriage visa on 17th September 2012.

My fiancée is Mexican so our application went to the Ottawa office. It takes 6-12 months to be accepted.

During 2011 lived together for a duration of 10 months.

During 2012 we were separated for 5 months and reunited for another 4 months.

Once again I returned to Australia so that whilst waiting for our prospective marriage visa we would apply for tourist visa. We applied in October and exactly a month later it was denied due to insufficient funds and an insignificant time the applicant has been employed for, which in turn broke our hearts.

Current 2013 it has almost been another 5 months of being apart and still waiting on our prospective marriage visa. I am returning to Mexico and we have decided that we are getting married and therefore switching our prospective marriage visa to a partner visa based on
marriage. I intend to stay in Mexico for the duration of the visas outcome. Which will be until September.

The thing is it is so hard to be away from the person you love. No one understands unless going through a similar situation. If you really love each other you will keep in contact thanks to Internet these days and the social networks and the wait will be nothing compared to when the wait is finally over. Being apart too gives both an opportunity to know what you really want and If your making a decision.

Don't be disheartened if you have to spend time apart. I'm Australian and my fiancée is Mexican so which means I have had to do literally everything and pay for everything extremely stressful and trying time and still is.

As for tourist visa we applied for the tourist visa offshore and I had made a statutory declaration stating I would sponsor him. I'm earning good money weekly but doesn't matter how much I earn its how much is in the bank. I even showed my credit card which was clean and I have a limit of $5000 and also had $2000 in my fiancées account which obviously still wasn't enough to be accepted. The tourist can be a 3, 6 or 12 month. Put in for the period you want and can afford and they should then make the decision as to what you get. Good luck!!!!
Hi,

Thanks for your response.

It sounds like you two are really doing it tough. I am not getting my hopes too high, as it is possible that we may have to go through the same thing. It is very hard to be apart but you do make a good point that the light at the end of the tunnel is worth it.

Due to other advice suggested, if we can, we will apply for a 3 month tourist visa (if we can cancel the 6 month visa we have already applied for). We are in a similar financial position as yourself. I have a family member with a larger account balance who is willing to write a statement of financial support. When requested for our documents, it said that this can be done.

Good luck with your visa and future partner and thanks for the advice.

Regards,
Cam


  #15 (permalink)  
Old 01-22-2013, 02:19 AM
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Quote:
Originally Posted by CamJohnson View Post
Hi,

Thanks for your response.

Does anyone know if it is possible to cancel our current tourist visa application for 6 months and re-apply for 3 months?

Or, could we just apply for the 3 month ETA now, and let the 6 month tourist visa application expire (as we haven't sent off the supporting documents yet)?
I will probably just try this and see what happens, then we could do as you suggested and plan a short holiday to NZ to get it renewed after three months.

So you are still awaiting your Partner Visa to be granted? How long has it been?


Regards,
Cam
If you don't withdraw the application and just let it sit then IMHO you will get a denial, don't do that!

Kttykat




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  #16 (permalink)  
Old 01-22-2013, 02:28 AM
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Quote:
Originally Posted by CamJohnson

Hi,

Thanks for your response.

It sounds like you two are really doing it tough. I am not getting my hopes too high, as it is possible that we may have to go through the same thing. It is very hard to be apart but you do make a good point that the light at the end of the tunnel is worth it.

Due to other advice suggested, if we can, we will apply for a 3 month tourist visa (if we can cancel the 6 month visa we have already applied for). We are in a similar financial position as yourself. I have a family member with a larger account balance who is willing to write a statement of financial support. When requested for our documents, it said that this can be done.

Good luck with your visa and future partner and thanks for the advice.

Regards,
Cam
Hey
No worries. Just to let you know that you scared me when you said that the process times will be reset once switching my visa. I called immigration to check on that and there's no set condition or outline that the time will be reset. So switching visas does only just that the switch.

Thank you


  #17 (permalink)  
Old 01-22-2013, 08:43 PM
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Quote:
Originally Posted by lipsmackingkiss View Post
Hey
No worries. Just to let you know that you scared me when you said that the process times will be reset once switching my visa. I called immigration to check on that and there's no set condition or outline that the time will be reset. So switching visas does only just that the switch.

Thank you
It wasn't me who said that. I am new to this process and know very little about it.


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