Totally confused over how to keep wife in country

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Totally confused over how to keep wife in country


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Old 11-30-2017, 12:07 AM
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Totally confused over how to keep wife in country

Guys and Girls. I want to marry my girlfriend but not sure of the exact time line with regards where she needs to be on what visas etc.

The Plan is as follows:

She has a Australian 12 month tourist visa with 3 month max stays at the moment. On her next 3 month visit we plan to marry here in Australia. So I'm guessing after we are married we apply here in Australia for the 820 visa.

BUT what happens next? Does she have to still leave the country when the 3 months tourist visa expires? Does the application for 820 cancel the tourist visa?

The long and the short of my question is how do I marry my GF and minimise the time we are apart?


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Old 11-30-2017, 12:40 AM
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Quote:
Does she have to still leave the country when the 3 months tourist visa expires?
No - you can expect a bridging visa to be granted with immediate Medicare eligibility and full work rights after the visitor visa expires.
Quote:
Does the application for 820 cancel the tourist visa?
No. It would expire after 3 months from the most recent entry and the bridging visa would be activated.
Marriage per se is not enough to satisfy the criteria for a partner visa.

May I suggest that you consult a registered migration agent for advice about what you might need to do to satisfy the criteria for a partner visa?

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Old 11-30-2017, 12:46 AM
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Quote:
Originally Posted by arkon View Post
Guys and Girls. I want to marry my girlfriend but not sure of the exact time line with regards where she needs to be on what visas etc.

The long and the short of my question is how do I marry my GF and minimise the time we are apart?
Get some professional advice, work out a realistic strategy and timeline and do not rush into anything.

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Old 12-02-2017, 10:34 PM
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you need to prove to immi that you have been living together in a defacto relationship for 12 months before you apply
4 x 3 month visa = 12 months so i'd apply online just before the last visa expires, even if it's 11 months and 2 weeks before you apply will be ok
I married my partner on a 3 month tourist visa where we'd only been in a defacto relationship for 2 1/2 months now she's a permanent resident 3 years later.
You don't always need a migration agent, it aint all that difficult really.


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Old 12-02-2017, 10:38 PM
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Quote:
Originally Posted by bundyroy View Post
you need to prove to immi that you have been living together in a defacto relationship for 12 months before you apply
4 x 3 month visa = 12 months so i'd apply online just before the last visa expires, even if it's 11 months and 2 weeks before you apply will be ok

You don't always need a migration agent, it aint all that difficult really.
So what happens if separate partner sponsorship applications are introduced next year that need to be approved before a visa application can be lodged ? What happens if the sponsorship is not approved before the 3 month stay period expires?

If you need to meet a 12 month de-facto period, then 11 months and 2 weeks may not be ok at all. I have seen applications refused that were only a week short of the required 12 month period.

What worked for you once, may not necessarily work for someone else.

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Last edited by CCMS; 12-02-2017 at 10:45 PM.

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Old 12-02-2017, 11:07 PM
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The example of falling short of the 12 month de facto time is even listed on the DIBP website. It states that you can still apply falling short of the one year requirement "however, your application is likely to be refused..." (and they get to keep your money). Source: https://www.border.gov.au/about/corp...35relationship

The requirements are very clear. Getting married does not guarantee a partner visa. They look at a relationship as a whole. If you meet the evidence requirements, you can get the visa with or without being married. If you rush into marrying with little relationship evidence, you'll risk refusal. They've refused plenty of married people before who thought being married was enough to get in to the country on a migration visa.

Basically, if you plan on marrying to marry, go ahead. But don't rush into for a partner visa because it won't make much of a difference and could even hinder your application depending on your circumstances.

Also, not being married but engaged to be opens the door for another visa option that often is the only realistic visa option for some couples. You don't want to marry and burn your chance of having that route if it better suits your relationship needs.

Your best bet is to get a consult with an RMA and at least get a better understanding of your options before you make any major decisions.

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Last edited by Skybluebrewer; 12-02-2017 at 11:08 PM. Reason: Added link

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Old 12-02-2017, 11:11 PM
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Quote:
Originally Posted by CCMS View Post
So what happens if separate partner sponsorship applications are introduced next year that need to be approved before a visa application can be lodged ? What happens if the sponsorship is not approved before the 3 month stay period expires?

If you need to meet a 12 month de-facto period, then 11 months and 2 weeks may not be ok at all. I have seen applications refused that were only a week short of the required 12 month period.

What worked for you once, may not necessarily work for someone else.
You have your online application ready to go and then 2 days before visa expires you press the apply now button pay the fee's then your emailed bridging visa A
If you can prove that your in a genuine relationship ie get married half way through the 12 month period I'm sure immi won't refuse, of course there is an element of risk involved but it's worth the risk so you and your partner aint apart...


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Old 12-02-2017, 11:13 PM
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Also, partner visas do not appear to be as simple to get as they were many years ago. While someone may have been able to do it a certain way then, it doesn't mean you will be able to do it that way now.


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Old 12-02-2017, 11:48 PM
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Quote:
Originally Posted by bundyroy View Post
You have your online application ready to go and then 2 days before visa expires you press the apply now button pay the fee's then your emailed bridging visa A
If you can prove that your in a genuine relationship ie get married half way through the 12 month period I'm sure immi won't refuse, of course there is an element of risk involved but it's worth the risk so you and your partner aint apart...
How will this work?

For the planned new changes in 2018 for the pre approval of the sponsor before a Partner Visa application can be made!

I expect it will be
1) apply for sponsorship.
2) supply other documents (police checks)
3) get sponsorship approval number.

4) open immi account with use of sponsorship number.
5) fill out application.
6) submit
7) BVA grant if still legal in Australia on previous visa.

8) Meet schedule 8 if not.


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Old 12-03-2017, 12:19 AM
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[QUOTE=ampk;1748257]How will this work?

For the planned new changes in 2018 for the pre approval of the sponsor before a Partner Visa application can be made!


PLANNED is the appropriate word...
Don't go holding your breath


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