Student Visa to Prospective Marriage Visa

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Student Visa to Prospective Marriage Visa


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Old 01-22-2013, 11:09 AM
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Student Visa to Prospective Marriage Visa

Hey guys,

Sorry I've done a search but still need some help, I've been with my partner from the Philippines for 2.5 years and we are currently engaged and have been for nearly a year, she is currently completing her Advanced Diploma of Nursing and has already completed here 18 months of study, she is currently employed as an enrolled nurse. She has enrolled at University to complete her Registered Nursing which is another 2 years, my questions are.

1. On a student visa can you apply for a Prospective Marriage Visa 300 halfway during the student visa completion and once this is processed can she resume her studies later?
2. On a Prospective Marriage visa can you apply onshore or do you have to apply for the visa, then apply for a tourist visit for your partner to come back, if you can apply onshore can she work and if so how many hours?
3. If you are married and apply for partner visa and do not live together what are the chances of the visa being approved. Also is there no 12 month requirement if you are married?

If the evidence of relationship is sufficient and we can prove the below would that be enough?

-This chow, when and where you first met
- how your relationship developed
- when you decided to marry or to start a de facto relationship
- your domestic arrangements (how you support each other financially, physically and emotionally and when this level of commitment began)
any periods of separation (when and why the separation occurred, for how long and how you maintained your relationship during the period of separation)
- your future plans.

I know the easiest option is most likely to get married now but we aren't quite ready and just need to know all of our options first, we are looking at getting married in about a year if possible.

Sorry for all the questions but this Visa stuff confuses the heck out of me


Last edited by AuSiEjOrD; 01-22-2013 at 11:52 AM.

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Old 01-22-2013, 11:32 AM
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Hi -

Not sure why you'd want to apply for the subclass 300 visa - you must apply offshore and be offshore at the time the visa is granted. The applicant then has 9 months to come to Australia, however you would need to cease your student visa (likely via early voluntary cancellation) prior to being granted the SC300 visa, which would create it's own set of issues. Once the SC300 expires, you'd have to then apply for another student visa. While this might buy you unlimited work rights for the 9 months duration of the SC300 visa, having a visa cancellation on your record, then going through the approval process again for another student visa would be a hassle, plus with work and fiance here, the student visa could fail due to the "genuine student".

Honestly I don't see the benefit in going for the SC300 visa as it disrupts your current visa situation which seems to be working out OK. Much smoother to stay on the student visa, finish studies, then apply for an onshore partner visa.

Let me know if I can provide any further info - perhaps I don't completely understand your plans/reasons for the SC300?

Best,

Mark Northam

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Old 01-22-2013, 11:53 AM
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Hi -

Not sure why you'd want to apply for the subclass 300 visa - you must apply offshore and be offshore at the time the visa is granted. The applicant then has 9 months to come to Australia, however you would need to cease your student visa (likely via early voluntary cancellation) prior to being granted the SC300 visa, which would create it's own set of issues. Once the SC300 expires, you'd have to then apply for another student visa. While this might buy you unlimited work rights for the 9 months duration of the SC300 visa, having a visa cancellation on your record, then going through the approval process again for another student visa would be a hassle, plus with work and fiance here, the student visa could fail due to the "genuine student".

Honestly I don't see the benefit in going for the SC300 visa as it disrupts your current visa situation which seems to be working out OK. Much smoother to stay on the student visa, finish studies, then apply for an onshore partner visa.

Let me know if I can provide any further info - perhaps I don't completely understand your plans/reasons for the SC300?

Best,

Mark Northam
The reason we are moving away from the student visa is the cost to continue paying for University I recently graduated and just started a new job and can't quite afford the $23,000 up front for this year and $25,000 for next year.

The second reason we were looking at that visa is we don't want to be apart for so long? Is it possible to apply for subclass visa and then she comes back on a travel visa while it's being processed?


Last edited by AuSiEjOrD; 01-22-2013 at 11:58 AM.

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Old 01-22-2013, 12:01 PM
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Hi -

I understand. So the issue then is coordinating the early ceasing of the student visa with the application for the SC300 visa. This will depend on when exactly the applicant wishes to end studying.

The SC300 visa must be applied for offshore, takes 6-9 months typically for processing, and there is a possibility of getting a visitor visa to come for a trip during processing - typically this is a 3 or 6 month trip depending on the judgement call of the processing post, as they want the applicant back home in plenty of time for the grant. The applicant cannot work on the visitor visa, so that means work could only continue after arriving on the SC300 visa, which gives unlimited work rights during the currency of that visa (9 months). Most applicants apply for an onshore partner visa during those 9 months, so they'll get a Bridging Visa A that picks up when the SC300 visa expires, and they stay on the Bridging Visa until the partner visa decision.

The issue you are going to have to work out is making sure the early ceasing of the student visa (ie, cancellation) is done in such a way that does not trigger a 3-year application ban on temporary visas (Regs Schedule 3). You may want to engage professional assistance to go over all the details of your case and recommend specific options.

Hope this helps!

Best,

Mark Northam

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Old 01-22-2013, 12:09 PM
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If we let the student visa cease normally in April and my partner goes can we just apply for the SC300 visa once this has happened without triggering a 3-year application ban or am I missing something?


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Old 01-22-2013, 12:16 PM
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That's the simplest solution - depart Australia prior to the student visa expiring, then apply offshore for the SC300. This avoids a visa cancellation (voluntary or otherwise) which can be a hassle.

The issue is that during the processing of the SC300, a visitor visa might or might not be approved depending on your circumstances. Generally these are possible, but there is no guarantee. And once back in Australia on the visitor visa, no work is allowed. Your partner would then need to depart Australia prior to the expiration of the visitor visa, and re-enter Australia on the SC300 visa.

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Old 01-22-2013, 11:42 PM
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That's the simplest solution - depart Australia prior to the student visa expiring, then apply offshore for the SC300. This avoids a visa cancellation (voluntary or otherwise) which can be a hassle.

The issue is that during the processing of the SC300, a visitor visa might or might not be approved depending on your circumstances. Generally these are possible, but there is no guarantee. And once back in Australia on the visitor visa, no work is allowed. Your partner would then need to depart Australia prior to the expiration of the visitor visa, and re-enter Australia on the SC300 visa.
Thank you for all your help so far you have been a great help.

In regards to staying in the country is getting married here and applying for the partnership visa the only option other than university and then de facto visa as we mentioned before, we currently don't live together would that cause major issues?

I will be able to financially support my partner and she is currently working and we would be able to prove we have been in a legitimate relationship for 2.5 years, is there anything vital that you think might go against us that you know?


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Old 01-23-2013, 12:24 AM
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Hi -

The defacto partner visa regulations require 12 months living together prior to application, which can be avoided by registering your relationship in the state/territory you live in, if that state allows it. So that would be a consideration. Also, for the defacto partner visa, even if you register the relationship DIAC will still look carefully at the 12 months prior to application to assess whether they believe the relationship is genuine - if you are not living together during that period, you'll need to provide very strong relationship evidence.

Hard to say much more as I'm not aware of all the details of the two of you and your relationship. Generally the defacto partner visas require a higher level of relationship evidence - something to consider as you evaluate your options.

Please advise if I can be of any further assistance -

Best,

Mark Northam

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Old 01-23-2013, 02:43 AM
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Originally Posted by MarkNortham View Post
Hi -

The defacto partner visa regulations require 12 months living together prior to application, which can be avoided by registering your relationship in the state/territory you live in, if that state allows it. So that would be a consideration. Also, for the defacto partner visa, even if you register the relationship DIAC will still look carefully at the 12 months prior to application to assess whether they believe the relationship is genuine - if you are not living together during that period, you'll need to provide very strong relationship evidence.

Hard to say much more as I'm not aware of all the details of the two of you and your relationship. Generally the defacto partner visas require a higher level of relationship evidence - something to consider as you evaluate your options.

Please advise if I can be of any further assistance -

Best,

Mark Northam
So even if you get married there is still the 12 month living together rule applies unless you registerer your relationship with the state? If you can't register it within your current state can you register in a state that allows it even if you don't live in that state?

Thank you again


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Old 01-23-2013, 03:51 AM
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Hi -

Sorry for any confusion - the 12 month living together requirement is for defacto partner visa application only and can be satisfied by registering the relationship in the state that at least one of you lives in (however see state requirements - they vary widely).

Partner visa application by marriage does not have this 12-month living together requirement, however for any partner visa they will look at the history of the relationship to determine whether they assess it as genuine. Just getting married does not satisfy the requirement that the relationship be genuine, etc.

Hope this helps -

Best,

Mark Northam

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