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Advice sought for visa options... - Page 3


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  #21 (permalink)  
Old 11-19-2017, 12:55 PM
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Quote:
Originally Posted by Ramah View Post
Wouldn't recommend going to immigration, they're not the most knowledgeable about immigration matters (I can vouch for this first hand).

RMA is a very good idea.

I second what ampk has said, it's hard to prove genuine and continuing relationship to the exclusion of all others if you haven't seen each other since 2005 and she's had a baby since then with another man.

And as ampk said, she would need to sort out legal sole custody of the child before immigrating anywhere. Would it be an option for you to go and live in Europe for some time whilst she sorts all that out, build up evidence and then apply for partner visa?

Have you had a look at the partner migration booklet? https://www.border.gov.au/Forms/Documents/1127.pdf

That's the evidence you would need for partner visa.

If you're planning on getting married then a PMV is probably a better option for you.
Thanks for the input...probably not for the best for a committed future for me to head home to the UK. I have a decent, long term permanent job here, which is even harder to find back in England. Also my hound...From what I read, and what ampk has explained, it seems that perhaps a year long visitor visa then PMV is the best bet?

I will speak to a an RMA this week. And have just spoken with the lady and boy...touched on some practical matters. Which is why I find myself here. We both know the thing will take time. Whichever path is taken.

Any advice is hugely appreciated!

Cheers


  #22 (permalink)  
Old 11-19-2017, 01:03 PM
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Ramah is good.


  #23 (permalink)  
Old 11-19-2017, 01:12 PM
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Quote:
Originally Posted by dpennuto View Post
Thanks for the input...probably not for the best for a committed future for me to head home to the UK. I have a decent, long term permanent job here, which is even harder to find back in England. Also my hound...From what I read, and what ampk has explained, it seems that perhaps a year long visitor visa then PMV is the best bet?

I will speak to a an RMA this week. And have just spoken with the lady and boy...touched on some practical matters. Which is why I find myself here. We both know the thing will take time. Whichever path is taken.

Any advice is hugely appreciated!

Cheers
You wouldn't necessarily need the 12 months visa onshore if you're going down the PMV route.

PMV has to be applied for offshore and the applicant must also be offshore when a decision is made,

Then the applicant will have 9 months to enter Australia, get married and lodge for partner visa.

If she's planning on coming here for 12 months then PMV might not be needed as you would have gathered evidence in that time.

As ampk said, marriage/registering as de facto only waivers the 12 month requirement, all the other criteria listed in the partner migration booklet must be satisfied.

I guess it all depends on how quickly she could gain sole custody.

If it's a matter of all parties involved agree, go to court and settle it within a short period of time then that could work but if the father for example if not willing to give her sole custody, it could drag out in court for years hence why I was asking whether it would be possible for you to go to England.

Is the child British? I don't know for all of Europe but in the UK, taking a child abroad, even for 1 day without the other parents consent is classed as abduction so if she was to come here for 12 months before sole custody is sought, she would need either a letter from the father giving permission or a letter from court.

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  #24 (permalink)  
Old 11-19-2017, 01:15 PM
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Ramah is good.
Thanks, Aaron


  #25 (permalink)  
Old 11-19-2017, 11:36 PM
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Originally Posted by Ramah View Post
You wouldn't necessarily need the 12 months visa onshore if you're going down the PMV route.

PMV has to be applied for offshore and the applicant must also be offshore when a decision is made,

Then the applicant will have 9 months to enter Australia, get married and lodge for partner visa.

If she's planning on coming here for 12 months then PMV might not be needed as you would have gathered evidence in that time.

As ampk said, marriage/registering as de facto only waivers the 12 month requirement, all the other criteria listed in the partner migration booklet must be satisfied.

I guess it all depends on how quickly she could gain sole custody.

If it's a matter of all parties involved agree, go to court and settle it within a short period of time then that could work but if the father for example if not willing to give her sole custody, it could drag out in court for years hence why I was asking whether it would be possible for you to go to England.

Is the child British? I don't know for all of Europe but in the UK, taking a child abroad, even for 1 day without the other parents consent is classed as abduction so if she was to come here for 12 months before sole custody is sought, she would need either a letter from the father giving permission or a letter from court.
Thank you!

Yes, I am aware, nothing can move forward until that part of the story is settled.

Other than which, I may be confusing PMV as Prospective Marriage Via and Partner Migration Visa.

The Prospective Marriage Visa did seem perhaps more suitable when I first peeked, yet the processing times I saw at on the Immigration website were saddening - 13 months to 18 months. Yet I will hope this depends a fair amount on the requirements met with the application and any issues which may arise from the processing?

We both know that there is no swift and obvious golden path. Are happy enough to simply know it is viable and feel it is what we both want. I just wish to equip myself with the most logical options which can bring us together and lead us towards what we both seek.

Do the following seem the logical options >

Prospective Marriage Visa - yet this means they would not be able to be with me in Australia until/unless that visa was granted. Must be requested outside of Australia, and if granted, granted outside of Australia. The processing time of this seems...horrid.

Visitor Visa 12 month stay (pricey and I see they CAN come with NO EXTEND STAY then apply for partner migration visa whilst here...with perhaps the period I am in England with them, and the extensive communication, input from family members, who are now well aware of the situation and further evidence of previous relations, counting for something in the application. No guarantee on any score here…yet to apply for the partner visa late on in the 12 months, if we even got that to begin with, does the temporary visa to stay come swiftly enough to keep her in the country before the visitor visa expires, or are other bridging visas available?

Kindly advise,

Cheers!


  #26 (permalink)  
Old 11-20-2017, 12:02 AM
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Many people apply for a PMV (prospective marriage visa) offshore then come to Australia on a visitor visa to wait it out.

It is not an 18 month wait. 75% processed within 13 months means 75% will be finalized in 13 months. An app finalized in 1 month falls into this percentage. This is important to understand. And recent changes being made by DIBP in the processing process looks as though the purpose is to speed up processing times to reduce backlog. It wouldn't surprise me if we start seeing a reduction in wait times in the near future.

From the UK, we often see offshore visa granted very quickly, usually around 5-8 months.

If you applied for a 300 then did a 12 month visitor visa, it is likely the 300 would be granted before that visitor visa ran out. The partner would then have to leave Australia via plane for a few days to any country in the world (Indonesia is usually a cheap option) for the visa grant then reenter on the 300. Most people use those few days as a celebratory holiday.

It wouldn't matter if the visitor visa came with a NFS condition in this case.

A PMV is not a de facto visa and as such does not require the same amount of evidence as a de facto couple. My partner and I had never lived together (besides when he'd come to visit) and lived separate lives in separate countries (meaning we didn't share a lease, a car, bank accounts, etc). But our long distance relationship is genuine and we intended to marry and live together in Australia. I migrated with a child as well.


  #27 (permalink)  
Old 11-20-2017, 03:14 AM
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Originally Posted by Skybluebrewer View Post
Many people apply for a PMV (prospective marriage visa) offshore then come to Australia on a visitor visa to wait it out.

It is not an 18 month wait. 75% processed within 13 months means 75% will be finalized in 13 months. An app finalized in 1 month falls into this percentage. This is important to understand. And recent changes being made by DIBP in the processing process looks as though the purpose is to speed up processing times to reduce backlog. It wouldn't surprise me if we start seeing a reduction in wait times in the near future.

From the UK, we often see offshore visa granted very quickly, usually around 5-8 months.

If you applied for a 300 then did a 12 month visitor visa, it is likely the 300 would be granted before that visitor visa ran out. The partner would then have to leave Australia via plane for a few days to any country in the world (Indonesia is usually a cheap option) for the visa grant then reenter on the 300. Most people use those few days as a celebratory holiday.

It wouldn't matter if the visitor visa came with a NFS condition in this case.

A PMV is not a de facto visa and as such does not require the same amount of evidence as a de facto couple. My partner and I had never lived together (besides when he'd come to visit) and lived separate lives in separate countries (meaning we didn't share a lease, a car, bank accounts, etc). But our long distance relationship is genuine and we intended to marry and live together in Australia. I migrated with a child as well.
Thank you, SkyBlue...that is the most positive possibility and story I have yet come across.

So it might be possible, after my visit...for an application to be made a little further down the track for a Prospective Marriage Visa, then to apply for the Visitor 12 month visa, be together in Australia whilst waiting for the 300 to be processed, which might well be in before the 12 months visitor visa expires, and if granted, a trip to New Zealand to receive would be enough?

If she were to visit me in early 2018 on a 3 month ETA, would this in any way affect a subsequent application for a Visitor visa for 12 months? That is a concern in regards to the above.

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Last edited by Oscar77; 11-20-2017 at 04:25 AM.

  #28 (permalink)  
Old 11-20-2017, 07:02 AM
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Hi all I am really in need of help
Applied for 489 visa on 1/08/17
They asked me further information for my child which is
Parent consent form sign along with their I’d
I provided mine and his step father sign with id

Now immmi asking me consent sing from my x husband along with his id
He is not really helpful person to provide and would not give me anything either
I married from India and divorce from Australia
Do not have custody of my son but he is with me since 18 months separated.
My child did not even know him
Please help me what should I do in this situation.
I have adoptions documents from


  #29 (permalink)  
Old 11-20-2017, 11:34 AM
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Originally Posted by ampk View Post
consider the PMV as your best option with the use of an ETA during the processing period or for longer than 3 month stays, a Visitor Visa (these after the PMV application).

None of the Partner Visa applications are fast or cheap - plan on year for a PMV grant and around $12,000 with child
It is welcome to find two folk suggesting a similar path which seems for the best. I understand now, sorry it took me a while, that you can apply for the Prospective Marriage Visa yet still get a visiting visa thereafter. Is this a fairly simple affair in terms of having the visitor visa granted? I know the 12 month option is a lot more pricy, for obvious reasons, and other checks need take place, medical and others?

And of the Prospective marriage visa, how do they analyse the application? Is it the seriousness of the relationship? And can information be added to the PMV once it has been submitted? To express for example, that we would then be living together, sharing life in a closer way?

I shall run the same by a Migration Agent in the very near future.

And many thanks. Time to move back to full time work sooner than next April, as I am going to need a few sacks of gold, in the least.


  #30 (permalink)  
Old 11-20-2017, 11:51 AM
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The Visitor Visa's 1 week or 12 month, single or multi - cost the same amount.


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