Partner visas etc.

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Partner visas etc.


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Old 05-29-2013, 06:33 AM
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Partner visas etc.

Hello I am looking for help on a tough situation. I met a girl last year from the UK who has to leave in July when her visa runs out, we want to continue our relationship mainly in Australia. I am a citizen of the UK and Australia however I have a child here from a previous relationship that, all though I have sole custody, is essentially impossible to emigrate to the UK. I will list some key points of our relationship and ourselves and ask a few questions:

When she goes back to UK we will have been in a relationship for 7 months.
We plan to continue this relationship despite living in seperate countries.
She would like to work here (sitting here for 5 months on a tourist visa is a no).
We don't want to rush any marriage and living in Western Australia we can not register ourselves in a de facto relationship.
She can not come back to live here without a visa, I can not move to UK due to a child.

Things I am looking into:
Partner Visa 820 and 801 (309 and 100 if she moves back to UK)
Prospective marriage visa 300 (have to marry within 9 months)
Getting married and then getting a partner visa straight away (but probably not a great idea to rush into).
Tourist/visitors visa until we hit the 12 month mark then a partner visa.

1. Am I right that a prospective marriage visa has no previous relationship requirements other than we have met physically? i.e. 7 months of a relationship is enough then we get 9 more months until marriage?

2. Straight from australian visa website on partner visas: The 12-month relationship requirement may be waived if, at the time of application, one of the following situations applies:
you can demonstrate compelling and compassionate circumstances, such as if you have children with your partner.

Though the child is not hers we all live together and have grown quite attached, would this be something considered to help waive the 12 month requirement?

3. The 12 months is waived if we register as a de facto relationship, however Western Australia does not register de facto relationships, is it possible to travel to another state just for the purpose of registering?

4. If my partner does go back to the UK and we have been together for 7 months, is it possible in 5 months to continue as a long term relationship and then apply for a partner visa counting as the 12 month period?

5. Could we just get the marriage visa and not marry, and after we have been together for 12 months then apply for a partner visa?

Sorry for the long post, any and all help is much appreciated.


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Old 05-29-2013, 08:11 AM
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Hi there
Unfortunately you must be living together for the whole duration of the 12 month period unless you are able to register as a couple or get married. I'm really no sure if you would fall under the special consideration area....the rule you wrote above only applies if the couple themselves have a child together but their may be an option for people in your situation.

You could try and register in a different state but you yourself would need to de register from WA and register in another state (like you are leaving the state) and once you try to change your status back to a WA resident I'm not sure the relationship registration would mean anything to immigration.

Your best bet as is is the Prospective marriage visa (PMV) as you're not required to live together for a certain period of time. You would however have to get married within 9 months.
How old is your girlfriend? Maybe she could get a working holiday visa.

Hope that helps a bit


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Old 05-29-2013, 08:26 AM
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She is already here on a working holiday visa, she is 23. What happens if we don't marry in the 9 months, could we still apply for a partner visa?

Another 9 months would be nice to see how things go with us but of course we may not be at a stage of wanting to be married, and if not getting married after the PMV does that screw her up for getting other visas into the country?


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Old 05-29-2013, 08:35 AM
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She can apply for a second working holiday visa I believe.
I think if you apply for the PMV you have to get married...if you try to change the visa and re apply for another even if they allow it it would look great in terms of commitment to one another.
What about skilled migration? Is her qualification on the list?


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Old 05-29-2013, 08:48 AM
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I think she looked into a second visa and it is not possible unless she spent an amount of time in rural working areas or something like that, I will check that out myself.

She completed a digital media arts degree at a university in England, her qualification itself counts as nothing but there are jobs that if she developed some sort of career could come back with but that would take some time.


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Old 05-29-2013, 08:54 AM
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Quote:
Originally Posted by rhirhi View Post
I think if you apply for the PMV you have to get married...if you try to change the visa and re apply for another even if they allow it it would look great in terms of commitment to one another.
I might contact the immigration people about this one, I mean if we could just use that as some sort of temporary 4-5 month thing to see how we go then after that if we are still together then get a partner visa.

It's a bit hard, she's been here on a 12 month working visa but it is not like we would have met on her day of landing.


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Old 05-29-2013, 08:55 AM
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hmm...
I would definitely look into her getting a second working holiday visa....even if she had to spend some time in a rural community....she could go somewhere that isn't that far from you no? From what i understand you only have to spend a limited amount of time in the rural area.

For now i think your options are the PMV and the second working holiday visa.
You might like to consider contacting a migration agent for help or ring immigration and ask them if your case would count for special consideration...



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Old 05-29-2013, 09:01 AM
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Quote:
Originally Posted by rhirhi View Post
hmm...
I would definitely look into her getting a second working holiday visa....even if she had to spend some time in a rural community....she could go somewhere that isn't that far from you no? From what i understand you only have to spend a limited amount of time in the rural area.

For now i think your options are the PMV and the second working holiday visa.
You might like to consider contacting a migration agent for help or ring immigration and ask them if your case would count for special consideration...

Yea I will speak to them thanks for the help .

Just looked at the second working visa, she would have had to spend 3 months of her first working visa in specified rural work. No chance of that happening now.


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Old 05-29-2013, 09:04 AM
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Oh no

Well, like i said have a think about the PMV and try to get as much information as possible on the options....

also, take a look through the forum....i'm sure someone else has been in this situation...
You definitely aren't the first person in this situation and you wont be the last

Good luck!


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Old 05-29-2013, 09:05 AM
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Hey anonnymouse

The purpose of a Defacto visa is so genuine spouses (those who share a lifelong commitment) can be together. A Defacto visa shouldn't be used to ''see how things go''.... if you don't yet currently have a lifelong commitment then this visa is not for you, you shouldn't apply for it. Whether you apply for Spouse visa based on Marriage or Defacto basis, Immigration will want similar evidence presented, ie you have to show evidence that you do indeed intend to be together for life & have combined various facets of your life in a meaningful way (eg joint financial committments, joint children, intertwined social lives etc).

For the Prospective Marriage Visa, you will need to show evidence that you intend to get married. One of the conditions of this visa is that you do indeed get married. If you don't get married she would have to leave the country. You would be unable to apply for a Defacto visa from a PMV... ie if she was to come here for the purpose of getting married, and then you don't get married, you have a lot of difficulty explaining why (ie you're not ready & still ''seeing how things go'' first? That will look way dodgy & I think they would be unconvinced about your relationship fulfilling the 'genuine spouse / lifelong comittment' criteria)

If you're not at the serious relationship stage yet (ie still dating) you should probably try & see if she can get a student or work visa instead.

Something else to keep in mind also (if you're still dating & not yet a full on commitment stage).... if you do go & declare her as your Defacto partner to a Government institution then things didn't end up turning out between you, then as your Spouse she would have legal grounds to claim half your property/assets. That may not happen of course, if might turn out wonderfully between you too (I hope so!), BUT Spouse visas are a really big deal & all the ramifications like this need to be thought about really seriously.




Quote:
Originally Posted by anonnymouse View Post
She is already here on a working holiday visa, she is 23. What happens if we don't marry in the 9 months, could we still apply for a partner visa?

Another 9 months would be nice to see how things go with us but of course we may not be at a stage of wanting to be married, and if not getting married after the PMV does that screw her up for getting other visas into the country?

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