Advice sought for visa options...

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree5Likes

Advice sought for visa options...


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-18-2017, 01:01 AM
Active Member
 
Join Date: Nov 2017
Posts: 22
Users Flag! From australia

1 likes received
2 likes given
Advice sought for visa options...

I have of late reconnected with a french Woman with whom I lived here in Australia more than a decade back. The circumstances are interesting, and as much as I could write a pretty fairytale of a novella, I will aim for brevity in my quest for advice...From the first moment I heard her voice, my heart stirred with the sound of angels singing her name. As it always used to....I will leave such loveliness alone and try to stick to the main point!

I am heading to spend time with her in my motherland of England, in January, for close to a month. Her and her son.

We formerly lived together in Brighton for 3 years 2002-4 before heading here to Melbourne for a year in 04/05.

We have spoken daily, nightly, exchanged tomes of letters, brought each other into our lives in every way possible form afar. It had not merely been a rekindling of flames which still burn, but revelations of a love for us both which has matured as we have done on our separate paths and somehow the mutual magnetism has pulled us back into each others hearts and souls.

She has also reconnected with my close friends from home. I am Melbourne born but English bred. And have both passports.

I am already wondering how viable it could be to bring her and her 1 year old child here to Australia. To live. We were engaged before, and I suspect this is where our aligning paths will lead us again, if not to marriage.

Now to the scary parts...

How viable in this plan?

After I have spent a month there, she and her little man will come to visit me and live here for a while in whatever visa capacity can be gleaned prior to something more serious...

Other than the tens of thousands of voice calls and wattsapp conversations, I consider that the letters might help any case for a engagement or marriage visa? What else might help? What could we hope for?

Does my employment status and lack of sponsorship for any others add weight to any application? And the fact that I have my family here also?

Can anyone please offer me some loose advice on these matters? I am somewhat in the dark.

Our paths may well go in other directions, but it makes practical sense to glean some advice on this mutual hope and aim.

Any help will be greatly appreciated,

Thank you,

Daniel


  #2 (permalink)  
Old 11-18-2017, 02:00 AM
Senior Member
 
Join Date: Sep 2013
Posts: 6,975
Users Flag! From australia

1454 likes received
403 likes given
You hold an Australian passport so you are a Australian citizen.

What is her citizenship status?

It seems the child is not your biological child - so what is the custody arrangement of the child.

What is the age of this woman?

What state do you currently live?

Have you physically meet since the she became pregnant?

Has she been to Australia before (oops a decade ago)? if so what visa?

* this is some of the info folks will need to guide you.


Last edited by ampk; 11-18-2017 at 02:03 AM.

  #3 (permalink)  
Old 11-18-2017, 02:12 AM
Active Member
 
Join Date: Nov 2017
Posts: 22
Users Flag! From australia

1 likes received
2 likes given
Quote:
Originally Posted by ampk View Post
You hold an Australian passport so you are a Australian citizen.

What is her citizenship status? she has a french passport. An EU passport.

It seems the child is not your biological child - so what is the custody arrangement of the child. she is seeking by law lone custody of the child.

What is the age of this woman? 34

What state do you currently live?melbourne victoria.

Have you physically meet since the she became pregnant? she is not pregnant! though i assume you mean since she had her child. no. we have not met for a decade, physically. will do in january when i fly to spend time with her and her child.

Has she been to Australia before (oops a decade ago)? if so what visa? a working visa. i cannot recall if we had de facto status legally in any way during that period though lived together as we did for several years in england.

* this is some of the info folks will need to guide you.
thank you*


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 11-18-2017, 02:29 AM
Senior Member
 
Join Date: Sep 2013
Posts: 6,975
Users Flag! From australia

1454 likes received
403 likes given
de facto would be a very long shot - the child will be a dead give away for a claim of relationship to the exclusion of all others. I also assume the 12 month relationship will only start when you meet again in January.

What is the relationship like with the father of the child? Travel and migration permission is often required and can be difficult.

I would think you should read the Partner Migration Booklet and 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


  #5 (permalink)  
Old 11-18-2017, 02:39 AM
Active Member
 
Join Date: Nov 2017
Posts: 22
Users Flag! From australia

1 likes received
2 likes given
The father has never spent even a night with, did not want, and has zero relationship with the child, since his birth 14 months ago, after they had separated. He has also been on record for physical harassment of the lady. And something is already in place for any potential access to the child to be under strictly supervised conditions with a social worker present to ensure the child's safety...probably not a pleasant chap.

I am only pondering the marriage and prospective marriage visas. Yet am maybe on the wrong track.

How simple would it be for them go get visas to visit, yet obviously not be able to work, but live with me, which will count towards showing an established relationship?

Does our past history have any value to any visa applications?

I shall grab the pmv guide. And understand you are saying you can make the pmv application before potentially she and her little one could visit, but if the application takes 12 months, would they not have to leave the country after 3 months of the eta?


Last edited by Oscar77; 11-18-2017 at 02:42 AM.

  #6 (permalink)  
Old 11-18-2017, 03:05 AM
Senior Member
 
Join Date: Sep 2013
Posts: 6,975
Users Flag! From australia

1454 likes received
403 likes given
To be blunt DIBP don't give a dam about the ex - but if they want or need form 1229 the consent form you need to get it or it will be a long and costly exercise. It is probably required for an ETA and a Visitor Visa.

I am guessing you are starting from scratch and none of your previous history will count.

As a member put it well the other day - If you worked for an employer for 8 years then left for that company for a while, then went back to that employer would you still get your long service leave after 2 years or will you have lost it?

While I think you would be able to register your relationship in Victoria and that will waive the 12 month length of relationship - you still need the same evidence amount in the 5 categories.

An ETA is very cheap and should be simple for her to get but it does have 3 month stay limit, so a trip to NZ, Vanuatu or other close places will be required until an application for a 820 could be made as de facto. There is the risk that she gets warned it will be her last entry into Australia on any entry after the first.

A Visitor Visa "CAN" have longer stay periods - we were given 1 year, others get 3 months.

Mania and Oscar77 like this.

  #7 (permalink)  
Old 11-18-2017, 09:06 AM
Active Member
 
Join Date: Nov 2017
Posts: 22
Users Flag! From australia

1 likes received
2 likes given
Quote:
Originally Posted by ampk View Post
To be blunt DIBP don't give a dam about the ex - but if they want or need form 1229 the consent form you need to get it or it will be a long and costly exercise. It is probably required for an ETA and a Visitor Visa.

I am guessing you are starting from scratch and none of your previous history will count.

As a member put it well the other day - If you worked for an employer for 8 years then left for that company for a while, then went back to that employer would you still get your long service leave after 2 years or will you have lost it?

While I think you would be able to register your relationship in Victoria and that will waive the 12 month length of relationship - you still need the same evidence amount in the 5 categories.

An ETA is very cheap and should be simple for her to get but it does have 3 month stay limit, so a trip to NZ, Vanuatu or other close places will be required until an application for a 820 could be made as de facto. There is the risk that she gets warned it will be her last entry into Australia on any entry after the first.

A Visitor Visa "CAN" have longer stay periods - we were given 1 year, others get 3 months.
Really appreciate the assistance here ! And I have been peeking at the Fact Sheet as advised.

This part interests me -

'you can establish that there are compelling and compassionate circumstances for the grant of the
visa'

Undoubtedly a long shot but I have know of other visa applications of other types which have been granted on these grounds.

I suppose what you are saying is...essentially - yes, it is viable. Any short term solution is unlikely. Its a long process.

Applying from inside Australia...for example, if she was to come on a 12 month visitor visa (if granted) -
Step 1: Temporary visa
Subclass 820 – Partner (provisional)

You and your Australian partner:
• are legally married; OR
• have been in a de facto relationship for at least the
entire 12 months prior to lodging your application;
AND
• (and all the applicants included in your application)
are in Australia when you make an application for
a subclass 820 visa.

I didnt realise that marriage made any difference.

Does this mean that, if we were married, she could come on a visitor visa, then apply for the partner visa whilst here, as we would be living together, and they would then grant the temporary visa and start the process...which takes 2 years? 2 years!

to qualify for the marriage element...
be sponsored by an eligible person (see ‘Sponsorship eligibility’ on page 16)
• be legally married to your partner (usually your sponsor);
• show that you and your partner have a mutual commitment to a shared life as husband and wife to
the exclusion of all others;
• show that you have a genuine and continuing relationship with your partner (see page 41);
• show that you and your partner are living together or, if not, that any separation is only temporary; and
• meet health and character requirements (see pages 23–25).

Would marriage make any difference? Or solely in terms of the time when that partner visa could be applied for?

Can a marriage take place legally on back in England? Or can an australian marry someone here who is on a visitor visa? I need to peek more at marriage options, if they actually make a difference to my quest!


Last edited by Oscar77; 11-18-2017 at 09:15 AM.

  #8 (permalink)  
Old 11-18-2017, 09:27 AM
Senior Member
 
Join Date: Sep 2013
Posts: 6,975
Users Flag! From australia

1454 likes received
403 likes given
Marriage has the same effect as a relationship registration - it waives the 12 month length of relationship requirement - nothing else - you still need all the relationship evidence.

That you don't have and it takes time to get.

You still have the issue of the child being able to travel, until the court order of sole custody - the ex's permission is required or a long process to prove they can not be located.

Mate I have travelled these roads - just letting you know of the road blocks, mine with the 2 kids all up went to around $80K.

Also I don't do this much any more and the others that post, can jump in any time. There are several that can explain things better than me and have read the requirements much more recently than I.


  #9 (permalink)  
Old 11-18-2017, 09:40 AM
Active Member
 
Join Date: Nov 2017
Posts: 22
Users Flag! From australia

1 likes received
2 likes given
Quote:
Originally Posted by ampk View Post
Marriage has the same effect as a relationship registration - it waives the 12 month length of relationship requirement - nothing else - you still need all the relationship evidence.

That you don't have and it takes time to get.

You still have the issue of the child being able to travel, until the court order of sole custody - the ex's permission is required or a long process to prove they can not be located.

Mate I have travelled these roads - just letting you know of the road blocks, mine with the 2 kids all up went to around $80K.

Also I don't do this much any more and the others that post, can jump in any time. There are several that can explain things better than me and have read the requirements much more recently than I.
Understood, mate. And your advice is great. The ex situation is the pivot. I cannot imagine the hassle to go through to prove an ex partner cannot be located. How would you even manage that?

I shall study the fact sheet more thoroughly. Is it worth me speaking with a registered migration professional? Can they actually help? Or will the same information be given by the DIBP.

Cheers, Daniel


  #10 (permalink)  
Old 11-18-2017, 09:52 AM
Senior Member
 
Join Date: Sep 2013
Posts: 6,975
Users Flag! From australia

1454 likes received
403 likes given
DIBP has much wrong info.

Yep a RMA is a good move - I recommend any that post on here often - they are not good but brilliant and honest and charge reasonably from what I hear and see.

I called debt collectors for my ex's that was in a 3rd country (Eastern Block) to threaten child support or sign the form 1229 - seems they wanted to know if I wanted him "removed from living" at a very reasonable cost, I quickly hung up.


Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Hi, Advice sought on visa 190 Max1920 New member introductions 1 04-19-2017 09:16 AM
Advice re: Study options Daniel83Lin Jobs and work 3 11-18-2016 07:23 AM
G'Day All!! Tourist & Spouse Visa advice & input sought LindsayB Visas and immigration 11 03-11-2015 02:45 PM
Confused, looking for advice on options mkb82 Visas and immigration 4 03-15-2012 04:53 AM
Advice sought for American and Australian to be TOGETHER... nicolem Visas and immigration 2 03-17-2009 05:06 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 02:49 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com