to apply for spouse visa after 190 visa grant while both overseas?

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to apply for spouse visa after 190 visa grant while both overseas?

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Old 02-17-2013, 03:59 PM
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to apply for spouse visa after 190 visa grant while both overseas?

Hello everyone, i just need some help with my situation. I am applying for 190 visa and would really like to include my boyfriend of 3 years as my dependent but since we have never lived together before, i don't think he'll qualify as my de-facto and i won't be able to include him on my application.

Since we are set to get married next year, I am just thinking about proceeding with my application without including him as dependent and hopefully, once the result comes out, we will lodge another application either a fiance visa or permanent partner visa for him.

My only question is, would it be ok for me to stay overseas even after my visa has been granted and wait til my boyfriend receives his just so we can migrate together? I am planning to pay a visit in Australia to comply with the initial entry req but intend to go back to my country afterwards. Would you know if there's any requirement that i may be breaking if i do this? Ex: residency requirement, job requirement etc? Please advise. Thanks a lot!

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Old 02-18-2013, 12:20 PM
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Bumping! nobody experienced the same situation before? or atleast if somebody can refer us to a good agent where we can ask more info about our situation? thanks.

Last edited by hotpotato004; 02-18-2013 at 12:23 PM.

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Old 02-18-2013, 12:28 PM
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Hi -

I think it would depend on how long you plan on staying outside of Australia after the visa grant and initial entry. The bottom line is that the 2-year "requirement" that you live and work in the Australian state that sponsors you for the subclass 190 skilled visa is difficult to enforce - I've never heard of it being done in fact. As a permanent resident, DIAC or a state government does not have the right to limit your ability to travel within Australia and work where you want to. Short of trying to prove that you obtained the visa under fraudulent grounds, there's not much they can do!

That being said, you may want to look at the big picture and plan your migration strategy a bit - you can get PMV (fiance) visa without living together, but getting a partner visa is difficult in that circumstance. The key is planning things so you get some quality living together time either as defacto or before/after you're married so you can build up sufficient relationship evidence to lodge a successful partner application.

Hope this helps -


Mark Northam

Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers [email protected]
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