Living and Working in Australia Forum With Immigration and Travel Information

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-   -   Visa Help (https://www.australiaforum.com/visas-immigration/20656-visa-help.html)

Scotty P 05-27-2013 08:40 AM

Visa Help
 
Hello

I am inquiring on behalf of my Fiancée i need help on what visa to apply for.

My Fiancée is Mauritian 25 years of age, currently on a student visa studying fresh water and marine biology in Perth and will graduate in July 2013

I am an Australian Citizen, I have no idea what visa she should be applying for so she can stay in the country. We have been in a relationship for 12 months and have known each other for approximately four years. We plan on getting married within the next 8 to 12 months, we do not live together due to our religious beliefs. I would like to keep her here if possible, but if not obviously she would need to go back.

We plan on submitting the visa application ourselves once we know exactly what to do. The only Onshore visas i have looked at is the Partner visa. All other visas i have looked at such as Prospective marriage visa's have been off shore. Some help with what would be the best way to go would be greatly appreciated.

Kind Regards
Scott


Kind Regards
Scott Paton

Pxer 05-27-2013 10:01 AM

I am not a visa expert by any means, but I'd say you're on the right track looking at Partner Visas. Since you can't live together, gathering evidence of a genuine relationship will be challenging. Start thinking now how you can prove you guys are committed to each other. You will probably have to explain in a declaration why you can't live together before marriage and explain your religious beliefs. How much time do you have 'till her visa runs out?

Scotty P 05-27-2013 10:13 AM

Quote:

Originally Posted by Pxer (Post 95167)
I am not a visa expert by any means, but I'd say you're on the right track looking at Partner Visas. Since you can't live together, gathering evidence of a genuine relationship will be challenging. Start thinking now how you can prove you guys are committed to each other. You will probably have to explain in a declaration why you can't live together before marriage and explain your religious beliefs. How much time do you have 'till her visa runs out?

Hi Pxer,

Thank you for the reply, her visa expires 15th of Sep 2014 however she is waiting on some uni results and if passes will graduate in July 2013, hence making the remaining visa extension invalid. (The extension was on the basis she had to re do some units)

I have started on the evidence Photo's of our engagement and just today set up joint bank accounts so we can save for the wedding. (I have only just begun gathering evidence) The pastor of our church is going to write us an intent to marry letter also.

Pxer 05-27-2013 10:40 AM

Quote:

Originally Posted by Scotty P (Post 95171)

Hi Pxer,

Thank you for the reply, her visa expires 15th of Sep 2014 however she is waiting on some uni results and if passes will graduate in July 2013, hence making the remaining visa extension invalid. (The extension was on the basis she had to re do some units)

I have started on the evidence Photo's of our engagement and just today set up joint bank accounts so we can save for the wedding. (I have only just begun gathering evidence) The pastor of our church is going to write us an intent to marry letter also.

I see. So if she passes it will be bittersweet. If you want to lodge that application before July you'll need to hustle. I suggest also combing through bank statements for the last year. Look for gifts bought for each other or purchases that put you in the same place at the same time. Start asking for declarations from friends and family asap; people who can attest to your committed relationship. Read through the Stickies on this forum. There are heaps of great tips.

Whitney 05-28-2013 01:29 AM

Hi Scotty. Welcome to the forum!

Just a quick note about applying for an onshore partner visa in WA - you are required to have lived together for 12 months before you are eligible to apply. The only way to waive this requirement in Western Australia is by getting married (relationship registration is not available in WA). So you will need to marry your partner before you can lodge a 82/801 visa. You are correct that for a prospective marriage visa she would need to be offshore.

Scotty P 05-28-2013 06:39 AM

Quote:

Originally Posted by Pxer (Post 95175)
I see. So if she passes it will be bittersweet. If you want to lodge that application before July you'll need to hustle. I suggest also combing through bank statements for the last year. Look for gifts bought for each other or purchases that put you in the same place at the same time. Start asking for declarations from friends and family asap; people who can attest to your committed relationship. Read through the Stickies on this forum. There are heaps of great tips.

Bitter sweet indeed, i think it's to late to apply for anything now. I don't want to rush anything. I've got a do it once do it right kind of attitude towards it. I'm thinking of doing the Prospective Marriage visa. My fiancee has not been home in four years, as much as i don't want her to go back i have suggested that it may be good to see family before committing to a permanent life in Australia.

Scotty P 05-28-2013 06:46 AM

Quote:

Originally Posted by Whitney (Post 95243)
Hi Scotty. Welcome to the forum!

Just a quick note about applying for an onshore partner visa in WA - you are required to have lived together for 12 months before you are eligible to apply. The only way to waive this requirement in Western Australia is by getting married (relationship registration is not available in WA). So you will need to marry your partner before you can lodge a 82/801 visa. You are correct that for a prospective marriage visa she would need to be offshore.

Thanks Whitney,

Yes i've started on the evidence, I am seeing a migration agent for some further advice however we will be submitting the application ourselves. I've had one agent tell me that they may be able to get around it due to our religious beliefs, however it sounded a bit thin and a lot of "mights" been thrown around. I'd like to do it properly and not rush, i'm prepared to have the time apart if it means not blowing the application fee on a rushed application.

BonezAU 05-28-2013 07:03 AM

I think you are taking a very sensible approach Scotty.
This isn't something that you want to rush and it can be complicated trying to get so much evidence and documentation organised at such short notice.

If you can both accept some time apart, maybe she could go home and apply for a subclass 300 prospective marraige. Make sure you don't get married before she re-enters Australia on that visa though.

The good thing about the prospective marriage visa in your situation is you need far less evidence than you do for a partner migration visa, since they don't expect that you would have lived together in the same capacity as a married or de-facto couple to live in.

Good luck!

Scotty P 05-31-2013 06:20 PM

Quote:

Originally Posted by BonezAU (Post 95299)
I think you are taking a very sensible approach Scotty.
This isn't something that you want to rush and it can be complicated trying to get so much evidence and documentation organised at such short notice.

If you can both accept some time apart, maybe she could go home and apply for a subclass 300 prospective marraige. Make sure you don't get married before she re-enters Australia on that visa though.

The good thing about the prospective marriage visa in your situation is you need far less evidence than you do for a partner migration visa, since they don't expect that you would have lived together in the same capacity as a married or de-facto couple to live in.

Good luck!

The more we talk about it the more neither of us want her to go back. Does anyone know if someone on a student visa can apply for a Tourist visa onshore? Also has anyone got any recent updates on the Prospective Marriage visa processing times?

Scotty P 05-31-2013 07:22 PM

How much scrutiny would we get from DIAC if we did a court wedding and simply signed the registry papers so we can apply for the onshore (820) Partner visa? We would then do a “normal” wedding later on after the visa was granted.


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