What visa should we choose?

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What visa should we choose?


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Old 03-29-2013, 01:40 PM
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Red face What visa should we choose?

Hello,
I am a polish citizen, my boyfriend is Australian. We are together since August 2011, most of the time in long distance relationship.

Here is the story:

My bf is in UK on working holidays visa that ends in mid may 2013. I'm living in Warsaw, Poland most of the year as I'm a full time student. We met in London when i was there for 4 holiday months working as an au pair. We got together but in october 2011 I had to go back to Poland to pursue my studies. We stayed together, visiting each other once a month (for few days up to a week) on average. We stay in touch daily, calling each other or skyping. I finished the term at school by the end of may 2012 and moved to London for 4 months as an au pair again.

We did not live together, but seeing each other few times a week, plus I was spending all weekends with him. We also went on week holidays together. In October 2012 i had to go back again. We continue to visit each other every month, this time for even longer periods of time. My bf spent almost a month with me in Poland (Along with his few Australian friends) around Christmas time. We went on skiing holidays together, spent Christmas together with my family and NYE. After he came back to uk, we seen each other every month for over one week each time.

We are very commited to each other and want spend our lives together. We are thinking about getting a visa for me to go to Australia with him when his visa expires.

At first we wanted to apply for de facto visa, but after getting advice form migration lawyers we were told that because we did not live together or dont have joint finances we wont be eligible to get it.

They adviced us to either get fiancee visa, or go to Australia on tourist visa, register a relationship (my Bf is from NSW) and then apply for de facto visa.

We didn't plan to get married just yet, so we looked at second option (but we are open to get PMV as well if needed). We know that the problem might be clause 8503 in this case.

To be honest we just feel bit tangled up in all this!
We want to stay together and avoid another months of hearbreaking living so far away from each other.

The biggest fear is if we apply for PMV we will end up waiting so far from each other for months.

On the other hand, if I go to Australia as a tourist then i wont be able to work (and I can't imagine not working and be useless for such a long time!) This option seems to be so complicated and I want it to be as straight forward as possible and not take advantage of Australian country.

Sorry for a long long long story, but i think the full picture of situation is necessary

If you have any thoughts of advice I will be very grateful.

thank you!


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Old 03-29-2013, 01:44 PM
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Hi Koll -

I think you've got the options pretty well figured out. The PMV might be the better choice, as you may be able to get a visitor visa for Australia for 3 (maybe 6) months of the processing time. There is the chance that this might not happen, but as you pointed out there's also a greater chance of an 8503 on your visitor visa if done prior to lodging the PMV, and it would be difficult if not impossible to get the 8503 waived unless there was a major change in your circumstances that was beyond your control and occurred after the visitor visa was granted.

Hope this helps -

Best,

Mark Northam

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Old 03-29-2013, 01:58 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Koll -

I think you've got the options pretty well figured out. The PMV might be the better choice, as you may be able to get a visitor visa for Australia for 3 (maybe 6) months of the processing time. There is the chance that this might not happen, but as you pointed out there's also a greater chance of an 8503 on your visitor visa if done prior to lodging the PMV, and it would be difficult if not impossible to get the 8503 waived unless there was a major change in your circumstances that was beyond your control and occurred after the visitor visa was granted.

Hope this helps -

Best,

Mark Northam
Thank you so much for your reply.
The only thing I dont understand is something I read on immi site:
Quote:
You must be outside Australia when you apply for this visa, and when the visa is granted.
So I dont understand how can I get visitor visa, I thought I should wait until PMV is granted?

Thank you!
K


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Old 03-29-2013, 02:01 PM
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Hi Koll -

You can apply for a visitor visa after you lodge your PMV. It will be of a shorter duration (usually 3 months) than the expected processing time for your PMV, so as to have you back in your home country when the PMV is expected to be decided.

Best,

Mark Northam

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Old 03-29-2013, 05:47 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Koll -

You can apply for a visitor visa after you lodge your PMV. It will be of a shorter duration (usually 3 months) than the expected processing time for your PMV, so as to have you back in your home country when the PMV is expected to be decided.

Best,

Mark Northam
That's great I can apply for visitor visa when waiting for PMV! I thought its not possible!

But I have another question. You said 'back to your home country' - does it mean i have to be in Poland when my PM visa is granted? Or is it I have to be outside Australia in general - for example New Zealand or other 'closer' country?

I'd rather avoid expensive travelling back to Poland just to be back bit later. Is it possible?

And what if my PMV is granted when I will be in Australia on visitors visa? I guess I would have to leave Australia and enter Australia again?

Thank so much!


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Old 03-29-2013, 11:21 PM
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Hi Koll -

Legally you have to be "outside Australia" when the visa is granted - DIAC often assumes you'll be in your home country, but you are not required to be there, just required not to be in Australia - you could go to New Zealand or any other closer locale.

If your PMV is granted when you are in Australia, it can be a major problem. That's why it's critical that you keep in touch with DIAC and make sure they have your current contact info (email, address) and they know where you are, so they can get in touch in case the PMV is set to be granted and you're still in Australia. It's also why visitor visas during PMV processing, if granted, are usually granted for only 3 months.

Best,

Mark Northam

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Old 03-30-2013, 12:35 AM
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Have you looked into student visas or skilled employment? Check out the new skills list - you might match up.

If you go student visa - then you guys could work on the living together requirement, then apply onshore for a de facto visa. If you can come in under the skills visa then you are in under your own steam and no invasive interview questions about your relationship!

I am not a migration agent... These are just some ideas I tossed out...

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Old 03-30-2013, 05:47 PM
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Thank you Mark once again, you are a great help!

Quote:
Originally Posted by jmcd16 View Post
Have you looked into student visas or skilled employment? Check out the new skills list - you might match up.

If you go student visa - then you guys could work on the living together requirement, then apply onshore for a de facto visa. If you can come in under the skills visa then you are in under your own steam and no invasive interview questions about your relationship!

I am not a migration agent... These are just some ideas I tossed out...
Yes, I looked at it as well, but I'm afraid i dont qualify for skilled employment type of visa. I'm still a student, art student, I'm just taking a year or more off so I can be with my partner. I don't have a degree yet.

About student visa - unfortunately, the costs of it is just too much for me at the moment. I'd like to study in Australia, but maybe not just yet



We decided to do the following:
My partner will go back to Australia in mid may, and register our relationship in NSW asap. He also is making arrangements to rent a flat on his name and return to his old job (his old boss said that there should be a job for him) When we will have our relationship registered I will apply for Temporary/Permanent Partner Visa and E Visitor 651 Visa, so I can go to Australia and avoid being aprat for a long time. Hopefully de facto visa will get accepted fast so we can start normal life together

How does it sound? Is it realistic and possible?

Many thanks for any advice!


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Old 03-31-2013, 02:18 AM
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Hi Koll -

Sounds like a good start - registering the relationship satisfies the 12 month living together requirement, but DIAC will still take a close look at the extent you have shared your lives with each other over the past 12 months to determine if they believe the relationship is genuine. The more living together time you can accumulate (and related evidence of course) before you lodge a defacto partner visa application, the better.

Best,

Mark Northam

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Old 03-31-2013, 04:15 AM
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Quote:
Originally Posted by koll View Post

About student visa - unfortunately, the costs of it is just too much for me at the moment. I'd like to study in Australia, but maybe not just yet
You don't have to do a full uni course. I have a friend taking cheap business courses or a lot of people do English courses. Most onshore partner visas are taking a LONG time right now... The last update I heard was that DIAC won't even respond to a request for an update if it has been less than 13 months.

Think about what kind of evidence you will be able to provide if you come over on a tourist visa and apply. If you definitely have to go that route... Make sure you have a TON of GOOD evidence. For example, that flat needs to be in BOTH names, not just his. Do you have joint finances? If you have a vehicle put it in both names/insure it in both names. Get wills naming one another as major beneficiaries... The list goes on and on.... Registering the relationship gets past the 12 month living requirement but its not enough on its own... They still require you to provide the same proof in the 4 evidence categories.

I just want to save you some heartache. Read through the forums about others experiences. Make sure you have a solid case. If you go tourist visa to onshore de facto visa, just be aware that you only have a short window to aquire and gather evidence. Make a plan.

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