Visa Help

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree8Likes

Visa Help


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 05-27-2013, 08:40 AM
Scotty P's Avatar
Senior Member
 
Join Date: May 2013
Posts: 174
Users Flag! From mauritius

66 likes received
11 likes given
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


  #2 (permalink)  
Old 05-27-2013, 10:01 AM
Pxer's Avatar
Senior Member
 
Join Date: May 2013
Location: Gold Coast, Qld
Posts: 115
Users Flag! From usa

39 likes received
7 likes given
Send a message via Yahoo to Pxer
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?

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

  #3 (permalink)  
Old 05-27-2013, 10:13 AM
Scotty P's Avatar
Senior Member
 
Join Date: May 2013
Posts: 174
Users Flag! From mauritius

66 likes received
11 likes given
Quote:
Originally Posted by Pxer View Post
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.


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 05-27-2013, 10:40 AM
Pxer's Avatar
Senior Member
 
Join Date: May 2013
Location: Gold Coast, Qld
Posts: 115
Users Flag! From usa

39 likes received
7 likes given
Send a message via Yahoo to Pxer
Quote:
Originally Posted by Scotty P View Post

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.

__________________

Made by our Australia Immigration Timeline Software. Click here to create yours.

  #5 (permalink)  
Old 05-28-2013, 01:29 AM
Senior Member
 
Join Date: Jan 2013
Location: Perth
Posts: 520
Users Flag! From canada

279 likes received
185 likes given
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.

CollegeGirl likes this.
__________________

  #6 (permalink)  
Old 05-28-2013, 06:39 AM
Scotty P's Avatar
Senior Member
 
Join Date: May 2013
Posts: 174
Users Flag! From mauritius

66 likes received
11 likes given
Quote:
Originally Posted by Pxer View Post
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.


  #7 (permalink)  
Old 05-28-2013, 06:46 AM
Scotty P's Avatar
Senior Member
 
Join Date: May 2013
Posts: 174
Users Flag! From mauritius

66 likes received
11 likes given
Quote:
Originally Posted by Whitney View Post
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.


  #8 (permalink)  
Old 05-28-2013, 07:03 AM
Senior Member
 
Join Date: Nov 2011
Location: Perth
Posts: 513
Users Flag! From australia

191 likes received
100 likes given
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!

CollegeGirl likes this.
__________________

  #9 (permalink)  
Old 05-31-2013, 06:20 PM
Scotty P's Avatar
Senior Member
 
Join Date: May 2013
Posts: 174
Users Flag! From mauritius

66 likes received
11 likes given
Quote:
Originally Posted by BonezAU View Post
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?


  #10 (permalink)  
Old 05-31-2013, 07:22 PM
Scotty P's Avatar
Senior Member
 
Join Date: May 2013
Posts: 174
Users Flag! From mauritius

66 likes received
11 likes given
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.


Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 07:19 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com