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PMV Questions


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Old 08-25-2013, 04:17 AM
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PMV Questions

Hello everyone, I have some questions that I hope I could have clarified about my situation.

I am Australian born citizen and my fiancee is from Hong Kong who has applied for a PMV about a month ago. We are getting married in May 2014 in Australia.

Now, during the processing time, we want to be together in Australia for as long as possible. Is it ok to:

for her come on a Working Holiday Visa? - if yes, what happens if we get married in May before the PMV is granted? Do we automatically get put on to a Partner Visa Application? - And if so, which subclass will we be treated as? Because we already had our PMV processing, will it mean we will be treated as Partner Visa Subclass 300 ($995 AUD) - obviously lodging in Australia.

Or would we have to pay the whole fee for the Partner Visa (subclass 820/801)?

Greatly appreciate any help.

Thanks.

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Old 08-25-2013, 07:29 AM
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Quote:
Originally Posted by tensaislim View Post
Hello everyone, I have some questions that I hope I could have clarified about my situation.

I am Australian born citizen and my fiancee is from Hong Kong who has applied for a PMV about a month ago. We are getting married in May 2014 in Australia.
Congratulations!

Quote:

Now, during the processing time, we want to be together in Australia for as long as possible. Is it ok to:

for her come on a Working Holiday Visa?
Unfortunately, no. This page lists which countries participate in the Working Holiday Visa, and the Work and Holiday Visa. You'll notice China is not among any of them.

You could try applying for a tourist visa. It can be somewhat easier if the applicant can show they've already applied for a partner visa and it's in processing, but it's not guaranteed. It can be hard for people from some higher-risk countries -- I'm not sure how difficult it is for people from China.

You'd let your Case Officer know you'd applied for a tourist visa. Then, if it's granted, you'd let her know when your fiancee is leaving for Australia, and ask her nicely to let you know when she's ready to make a decision on your fiancee's visa so your fiancee can get offshore again.

Quote:

what happens if we get married in May before the PMV is granted?

Do we automatically get put on to a Partner Visa Application? - And if so, which subclass will we be treated as? Because we already had our PMV processing, will it mean we will be treated as Partner Visa Subclass 300 ($995 AUD) - obviously lodging in Australia.

Or would we have to pay the whole fee for the Partner Visa (subclass 820/801)?
If you marry before the PMV is granted, you have to let DIAC know. The processing of your visa will change to the processing of a spouse visa, with all the requirements for that visa. The requirements for a spouse visa are more rigorous than that for a prospective marriage visa, and they will be weighing the evidence you submitted against that new more difficult criteria.

You would have to pay the difference between the cost of a PMV and the cost of a partner visa as well - so an additional $1300 or so (as of right now... the price is going up in September).

That $995 fee is for people who get their PMV granted, travel to Australia, marry, and then apply for their 820 before their PMV expires. You will have to do that, too, if you let your PMV finish processing and get onshore before marrying.

Honestly, waiting is probably the smartest thing to do. It's less expensive, and it gives you a chance to collect additional evidence by living as husband and wife for a few months, combining finances and households before submitting your 820 application. You just need to make sure you apply for your 820 before your PMV expires, nine months after the PMV is granted.

__________________
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 08-25-2013, 08:31 AM
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Thank you College Girl. I appreciate your help.

The list of countries for a Working Holiday Visa (417 subclass) includes Hong Kong which is where my finacee is from. She also holds a British Citizen passport. I assume she can apply for a WHV then?

If assuming the PMV is granted before our wedding date in May, my fiancee can still go offshore and come back and get married. - This means we will pay the $995 fee for the Partner Visa.

We have considered the expenses but we really don't want to separate anymore if it can be avoided.

Due to the wedding date being set, we can't really wait for the PMV to be granted before marrying.

Thanks for clearing up the costs too.


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Old 08-25-2013, 09:00 AM
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Quote:
Originally Posted by tensaislim View Post
Thank you College Girl. I appreciate your help.

The list of countries for a Working Holiday Visa (417 subclass) includes Hong Kong which is where my finacee is from. She also holds a British Citizen passport. I assume she can apply for a WHV then?
Ah, yes, you're correct. She could apply for one then. I'm not sure what effect this would have on her PMV application. I *think* that like the tourist visa it wouldn't have one, but probably better to check and make sure.

Quote:

If assuming the PMV is granted before our wedding date in May, my fiancee can still go offshore and come back and get married. - This means we will pay the $995 fee for the Partner Visa.
Yes, if the case officer advises you the PMV is about to be granted, she goes offshore, the PMV is granted, she comes back in and you marry, yes, you would then pay $995 when you apply for the 820.

Quote:

We have considered the expenses but we really don't want to separate anymore if it can be avoided.
I understand. I'm separated from my own fiance right now while awaiting my PMV, so believe me, I get it!

Quote:

Due to the wedding date being set, we can't really wait for the PMV to be granted before marrying.
I would be prepared to submit additional evidence ASAP after you marry when you notify immigration, then. Look into the requirements for the spouse visa and make sure you have provided adequate information that you've combined finances and households, etc. You don't want to get caught out on not having enough evidence because you decided to convert from PMV to 820.

It's because of being unable to tell when (or in our case, if) the PMV would be granted that we decided to have a civil ceremony here and then a bigger friends and family wedding later. It's impossible to plan a wedding without knowing when you're going to get to have it.

__________________
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 08-25-2013, 10:26 AM
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Quote:
Originally Posted by CollegeGirl View Post
I would be prepared to submit additional evidence ASAP after you marry when you notify immigration, then. Look into the requirements for the spouse visa and make sure you have provided adequate information that you've combined finances and households, etc. You don't want to get caught out on not having enough evidence because you decided to convert from PMV to 820.
Are you sure this is correct? I would think if you apply for an offshore visa you cannot then go and change it to an onshore application .... seems rather strange to me. You can change the PMV to a 309, but to an 820 that does seem strange.


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Old 08-25-2013, 07:03 PM
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That's a good question, Mish.

The Partner Booklet just states:

Quote:

If you marry before you are granted a Prospective Marriage Visa [...] you can change your application to that of a Partner Visa at no extra charge.

To do this you must:

Immediately send written notification to the department's office or Australian mission processing your application;

Provide a certified copy of the extract from the relevant marriage registry office;

Provide a written request that, due to your marriage, you wish to withdraw your application for a Prospective Marriage Visa and that you wish to change your application to that of a Partner Visa.
That's from page 33. So nowhere in there does it say it can ONLY be a 309 lodged offshore... and the part about being able to send it straight to DIAC makes me think they're talking about if you're onshore. HOWEVER, the part about it being no additional charge - the 309 (offshore) is the same price as the PMV, so that would make sense, but the 820 is more. You'd think they'd want the difference if you were able to convert to an 820, right? So maybe you're right! Hoping Mark will see this thread and clarify.

OP, you need to get an official answer on whether you can actually convert to an 820 before you make solid plans.

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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 08-26-2013, 08:26 AM
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Thank you.

I have also seen that in the Partner Migration Booklet. It doesn't mention anything about it has to be an offshore application if you get married before the PMV is granted...

But like you said, CollegeGirl, I guess it is best to confirm with the Case Officer/Australian Embassy in Hong Kong.

My fiancee will try and get some of these questions confirmed but it does seem a WHV is valid for her to come to Australia on. I guess the other question I have is:

If the PMV is granted before our wedding in May, does my fiancee have to wait until the WHV has ended before the PMV becomes active? Or can she immediately go offshore and come back on the PMV?

Thanks again.


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Old 08-26-2013, 03:01 PM
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No, I'm pretty sure she would just need to leave the country so the case officer can grant her PMV, and then when she comes back in it would be active. Partner Visas generally override other visas when they're granted.

__________________
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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