help please mark

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help please mark


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Old 06-27-2013, 12:44 AM
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help please mark

hi marknortham,i am back again under another name,my question is,i have been with my fiance for over three years now,we have lived together for 10 months off and on ,her comming to australia and me going to japan, she has been 3 times to australia,and the last time she had no restrictions on her visitor visa,now is there any way she could come to australia and be with me and work ,we are thinking of going for the pmv off shore but its taking so long to get every thing together for verious reasons,so can you think of a visa where she can come and work while we wate for a partner visa even.


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Old 06-27-2013, 01:29 AM
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The 820 would allow you to be onshore and apply for a partner visa and work while you wait for it to be approved. However, you're going to have a tough time applying for a defacto visa with only 10 months of living together under your belt. Also, there's a chance that if she got a tourist visa to go back over there that it would have a "no further stay" condition on it and she'd be unable to apply for a partner visa onshore. Would you have the evidence of financial support, etc. you'd need for a spouse visa? Would it be an option for you to get married first?

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 06-27-2013, 01:42 AM
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this is the path i wish we went down in the beginning..... Spouse visa and marry first. but after not enough time and my partner not being able to wait on a tourist visa due to no working restrictions we are now opting for the POM visa... hence the lengthy time!!!!


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Old 06-27-2013, 02:05 AM
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collegegirl,yes we could get married,and i have all the copys of the money transfers into her bank account,if that will do as evidence of financial support,and i have a lot of it,and the last time she came to aus there were no restrictions on her pass port,so we would be hoping for the same thing again,so are you saying if we get married then she can come to aus on a 820 visa and stay and work while we wate for a partner visa.its the work that we are worried about,she needs to be able to work in aus, thanks.


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Old 06-27-2013, 02:20 AM
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Shazzam - It's the Prospective Marriage Visa (PMV). If you call it a POM visa everyone will think you are talking about something else entirely. lol!

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 06-27-2013, 02:23 AM
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Eleanor, you may want to run it by a migration agent just to make sure (or wait for other people to chime in with their opinions here, too). But yes, those transfers will be good evidence, though you'll need lots of other types of evidence too, of course. I'm saying you would get married, then apply for another visa to get her back onshore, THEN apply for the 820. When whatever visa she comes to AU on expires, she'll be put on a bridging visa and have full working rights. Just be aware that they may be even less likely to approve a tourist visa if you're married... because it will look less like she's a "genuine tourist." Just be ready for it to be denied and to put together another plan if that happens or if she gets a "no further stay" condition.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 06-27-2013, 02:28 AM
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collegegirl,i think you may have a good point there,i think we will get married,we are going to the philippines next week,so we will get married there,then she can come to australia and apply for a 820 visa, we are both mature age people,i am 61 she is 48,so why should we have to wate for a pmv to be granted,there is no reason at all we cant marry now,i owne my house ,have a car ,and have money in the bank,what do you think,good way to go or not.


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Old 06-27-2013, 02:34 AM
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One thing you need to consider, though: If they reject your application for a tourist visa or you get that "no further stay" condition, she'd have to apply from offshore for a 309 (offshore partner visa). That would mean you could not be together in Oz while you wait. That's a risk you take going this way.

Because I myself applied for a PMV, I know way more about that. I would feel REALLY bad if you got this advice from me and then it turned out you didn't qualify for some reason. That's why I think it's probably best to confirm with DIAC or a migration agent (or at the very least someone else on a forum!) to make sure there's not a reason I'm missing that you wouldn't qualify. Just trying to err on the side of caution - I'm definitely not an expert, just someone who has done a lot of reading here.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 06-27-2013, 02:35 AM
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collegegirl,then what if she comes to aus as a tourist for 3 months and we get married ,then apply for a 820 visa,may be better way,because there were no restrictions on her last visitors visa,what do you think .


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Old 06-27-2013, 02:35 AM
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Eleanor - if you get married you will no longer be eligible for a PMV. Your only options will spouse visas. If they deny her tourist visa or put a No Further Stay condition on it she will not be able to apply onshore and will have to leave and apply offshore which means ever more time apart from your new wife. It seems to me that she would not be entering as a genuine tourist as so her tourist visa would probably be denied. I think the safest option would be to apply for the PMV.

(Having said all that, I'm not a migration agent and have never applied for an Australian tourist visa.)

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