Which Visa and what to do!

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Which Visa and what to do!


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Old 07-06-2009, 08:43 AM
 
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Which Visa and what to do!

Hi,
I am an Australian Citizen, living in Victoria. My partner lives in Canada and we need to be together.
I have young children in Australia from a previous marriage so it is impossible for me to move to Canada.
My partner has been here to visit, and I have been there to visit, but work commitments mean we cannot spend a lot of time together.
What are the requirements to be legally a fiance?
As a fiance, would she be able to apply for a Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)
There seems to be a lot more pressure if she applied for a Prospective Marriage Visa.
Any help and advice would greatly appreciated because we love each other and need to be together, but it seems that everything is against us.


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Old 07-06-2009, 11:56 AM
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Just posted the requirement re a relationship on another thread, that being the essential basis of gaining a partner visa - http://www.immi.gov.au/media/fact-sh...lationship.htm .

By the sounds of things you may struggle there and so in the partner area you're only really left with the prospective marriage visa and that means getting married within nine months of the visa holder arriving in Australia.
I suppose immigration reckon that if people are planning to be committed to one another, nine months ought to be long enough to work that out.

It's strange in a way when you think about it a bit more for it kind of discriminates against people who may want a partnership without marriage, but that's the legislation and I can't see immigration changing it too quick.
No harm in raising it with your MP though as the more people who do, you never know, they may review it sometime in the distant future.

Meanwhile if your fiance or would be fiance is 30 or under and has no dependants herself, she would be eligible for a WHV to have her come over for 12 months.
And other than that it's be a 12M tourist visa and working not possible.





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Old 07-06-2009, 05:30 PM
 
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Another option you can both look into is to get her a non-sponsored skilled worker visa.

On the immi.gov.au there is a worksheet that helps you assess whether or not you have enough "points" to apply for this visa--basically it means that she will be able to come to oz to work without the need for a company to sponser her.

I looked into this to be with my australian boyfriend and although i meet the requirements (and it would be a whole lot easier to do than the defacto visa!) for it, it costs almost $5,000 AUD.

The easiest path for you if you cannot prove a defacto/fiancee relationship would be a working holiday visa, but keep in mind that she could not work at the same place for more than three months. The good thing about that though is that when the visa was coming to an end, im sure you would have enough documents to prove that you have been in a relationship for over a year and could apply for it then along with aquiring a bridging visa until it is processed.

I'm going through the process right now--its tough but don't give up! Do your research on the immi website (Department of Immigration & Citizenship) and you'll find a way. Good luck!


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Old 07-07-2009, 09:23 AM
 
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Thanks for the reply and it is seems that nothing is going to be easy. My partner is older than 30 so a working visa is out. As we both work now, neither of us can afford to take a 12 month vacation without the option of working.
We would love to spend more time together before marriage, but how can we do that to prove our commitment to a partnership? It seems that we have to get married, to spend enough time together to see if we should be married!
So what is the process for a proposed marriage visa? I think I read somewhere that we even have to have a wedding date booked before the visa could be approved? We don't have a problem with getting married in the 9 months that we are together, but we would like to be together to plan it?


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Old 07-07-2009, 10:05 AM
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I've never noticed anything about having to set a marriage date within the 9M Terndeb and I'd reckon that'd be a bit much even for the immigration system.

As far as applying, just like any other visa re it has eligibility requirements and so you and fiance ought to go to the visa section - Prospective Marriage Visa (Subclass 300) and have a good read of the eligibility section in particular and all links, the booklet and make good use of the Checklist in making out the application and Sponsorship.

One little inconsistency in the system to me is:
On being married it says to apply for the partner visa which of course normally has that 12 months together requirement but must be some sort of waiver on that when applying after having a 300 visa and being married.

All the best with what you decide.





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Old 07-08-2009, 03:07 AM
 
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From what i read about the prospective marriage Visa, you don't HAVE to have a date set when you apply, but it does mean that the prospective marriage Visa runs out after the nine months where she is in Australia (NOT 9 months while your application is being processed) and you have to apply for a marriage/spouse visa after that so that she can remain in the country.

Have you looked into a Defacto Visa? Sure you might not have been living together for the past 12 months, but would there be ways (as in paper evidence) to prove that you have been in a committed relationship for the past 12 months? You could show sharing living expenses the times you have been together via credit card statements, you could provide travel tickets, stat decs, pictures.... the TONS of correspondence im sure you two have when you are not together (show print out of e-mail folders from each other, phone records, etc)...im no expert maybe it wouldnt be enough, but how about calling or getting a meeting with someone at the immigration office in australia (if you are in melbourne its in the city and I have found them always to be VERY kind and willing to help while i was a student there) and stating your case to them and see what they say?

That way you get defacto temporary for two years, then she might get permanent. Takes the pressure off being forced to get married. That's why my boyfriend and I aren't doing that one either =)


Last edited by elkitten; 07-08-2009 at 03:11 AM.

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Old 07-08-2009, 03:51 AM
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Defacto Visa is what Terndeb has initially looked at/asked about elkitten.

Don't mean to throw a wet blanket on it but a relationship does mean having at least lived together for 12 months - holidays together not really helping unless it was a long term stay over 12 months.
. Spouse Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)





  #8 (permalink)  
Old 07-09-2009, 09:10 AM
 
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Thanks for the replies, on further research on the government website, it does state that we have to have booked a wedding date and have organised a celibrant. Some of the other criteria is pretty straight forward but one thing they ask is that we have to prove intent to live together in marriage. I am unsure what sort of proof they would require? We have plenty of proof that we have met, spent time together etc, but proof of intent to live together in marriage???? What can we offer as proof?

Cheers


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Old 07-09-2009, 10:19 AM
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I've never noticed that previously on the immi site Terndeb - can you link where you have seen that please.

And this proof of intent bit has cropped up with a few post queries the last few weeks and I do not think anyone is too sure.
Think I've seen a reference to something possibly being in the Partner Visa booklet if you haven't searched there.
Only other thing I'd suggest is that you get stat declarations from people who have met you both while together and can testify to you having a genuine relationship.
Short of that, give immi a ring on 131881 push a few buttons, wait a while and hope you can get someone who can give a reasonable guide.

Be good if you can post back with whatever you can get from them.

Edit
http://www.immi.gov.au/migrants/part...lationship.htm is the page I was thinking of re a reference to the booklet and it relates to four categories but they've got me tossed there.

Also Terndeb, noticed just above where that link was on the Checklist there's a reference to Evidence of Intent that you'll marry and mentions a letter from who might be doing the marrying - a bit presumptous of immi to think that a couple might both want to choose and any minister will usually want to meet you both.

I'd certainly raise that with immi on giving them a ring as it is BS - a bit of that about in immi regs.
In any case if it is that you are referring to re having to have a date, still not so for it says get a letter - that doesn't mean a date necessarily, not up to possibly a year or so ahead which it could be if they expect you to have that even before the application is in.
The link they give is just on general info re selecting a marriage celebrant etc. - http://www.ag.gov.au/www/agd/agd.nsf...etting_Married

Be even more interested to hear what immi have to say!





Last edited by Wanderer; 07-09-2009 at 10:46 AM.

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