Struggling to know the best option

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Struggling to know the best option


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Old 03-11-2018, 10:15 AM
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Struggling to know the best option

Hello all!
I'm so confused as to what avenue to take for my partner whom I'm in a long distance relationship with. I knew I wanted to marry her the first time we talked. We're madly in love, we talk endlessly every day. I'm from NSW, she's in the USA.

So fast forward to now. I want to travel back there, spend some time with her in her home state, traveling around and seeing what we want to see before we both travel here.
  • We have been in a relationship now for 6 months.
  • I want to live with her here together, and propose to her in the coming month or two.
  • I want to marry her here in the next 12 months if possible.
  • I wanted her to have medicare here, for her sake, though if private health care would suffice I'm happy to go that route, if that provides adequate medical care while she's here.
  • I don't want to delay her traveling here in the coming 2 months, nor do I want to delay being able to propose to her, and marry her.

So what option do I go with in terms of a Visa?
- A PMV it seems like since she has to apply while off shore, she can't travel here for up to 12 months, maybe more after submitting the PMV application. It seems more certain that the application would be successful as we don't have a long history together that we can have documented proof for. But I don't want to have her wait for up to 12 months, and wanted to know if this was indeed the case.

- The alternative I know is a partner visa seems like the option to go for, where she can be here while the application is underway, or apply once she's here in the country. This would be the 820/801. However I know the 820 doesn't allow medical care here, and given the shorter timeframe of our relationship I'm unsure if this will be successful? I also didn't want her to have to travel unnecessarily between the US and Australia, with the hope we can stay living together from the time she lands here onwards. I am happy to register our relationship once she lands here, in order to negate the need for 12 months of history together, I'm just unsure if this is the best option in terms of a definite visa, and future with her here together.

Thank you for any insight or help anyone can provide.


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Old 03-11-2018, 10:30 AM
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To be blunt, you need to forget your wants and see what is possible.

Nothing stops travel to Australia after a PMV application, a Work and Holiday Visa maybe an option (you have given very little relevant info to work on in your post).

Medicare is available when in Australia on a valid visa after an application for a 309 or 820 Partner Visa has been made.

Registration and marriage do not remove any of the evidence requirements.

So first things first you need to see what evidence you have and then what you need to get to see what path to take.


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Old 03-11-2018, 11:35 AM
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Thank you for your reply!

Evidence wise, so far I've got the last 6 months of facebook chat transcripts, records of calls through skype.

I didn't realize that she could travel here after application for a PMV, though. Is that okay to do and won't risk the validity/success of her PMV visa application?

For work, I work full time, at the moment she is between jobs and would be traveling here on a holiday/tourist visa, subclass 600, for 12 months, ideally by which time our visa application is processed for a PMV, or 820, or 309 is processed. I'm fine with her not working here, I earn a decent enough wage and have taken in to account her being here not working with visa limitations.
The major concern however is having her staying here and not having to travel back to the USA, as we'd be moving her things over here in the short term, and she wouldn't have a place to go back to. Hence I'm struggling to see what the best option here is.


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Old 03-11-2018, 11:50 AM
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There is no guarantee of getting a 12 month Visitor Visa in fact it can be refused if you give information that leads to being considered a Genuine Temporary Entrant.

Visitor Visas can only be granted for certain reasons, even if approved can have a No Further Stay condition - that wrecks your plan.

The Immigration Department is also trying to make changes to have sponsors pre approved - they tried to get this passed last year but deferred it to this year.

There is zero risk of applying for another visa to be in Australia after a PMV or 309 application affecting that application.

For a PMV or 309 grant you only need to go offshore - we were in Darwin and went to Vietnam for a week not to Ukraine where PMV application started.


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Old 03-11-2018, 12:17 PM
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Thank you so much for all this information ampk! ^_^

I'm very concerned for her safety where she is, with no job currently it's near impossible for her to keep going so hence my wanting to get her here together with me. The job market over there in the US is awful.

I didn't want to possibly not have a 12 month visitor visa for her, if she was considered to be a genuine temporary entrant :/ so hence me posting here to see what others experiences are in successfully having gone through situation similar to mine.

Would you recommend a 309 or PMV in my situation? And you're saying it's best to apply for one before the visitor visa? I don't know what to even go for in any case to have her here in the short term for us to live together for a while so we may see if things work out for marriage. Should I avoid a visitor visa all together in case it's declined?


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Old 03-11-2018, 12:17 PM
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Relationship evidence for an 820/801 isn't about proving you're in a relationship, it's about having de facto evidence, which you don't currently have by the sounds of it.

Apply 300, come on a 462 to wait it out, marry and apply 820/801 at reduced fee. Medicare not available until the 820/801 application but she can get travel insurance in the meantime.

Or visa to Oz (462/601 ETA/600) and decide after coming that she likes it and wants to stay, apply 820/801. Registered relationship or married, you'll still need to meet the stringent evidence requirements or face refusal. Bridging Visa A would be granted but not go into effect until whatever visa she entered on ends.

It all depends on what evidence you have. A de facto visa isn't just about showing your messages on Facebook. The 820/801 route will expect you to have combined your lives as much as a married couple living together would have, and that's not something that can he done overnight.

Good idea to do a consult with an RMA (I recommend those that frequent this forum) and see what choices you actually have based on your relationship and if the 820/801 isn't an option now, a timeframe of when it may be in the future and the type of evidences you can begin to gather in the meantime. Then at least you have a starting point.


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Old 03-11-2018, 12:21 PM
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Quote:
Originally Posted by jack_crowley84 View Post
Thank you so much for all this information ampk! ^_^

I'm very concerned for her safety where she is, with no job currently it's near impossible for her to keep going so hence my wanting to get her here together with me. The job market over there in the US is awful.

I didn't want to possibly not have a 12 month visitor visa for her, if she was considered to be a genuine temporary entrant :/ so hence me posting here to see what others experiences are in successfully having gone through situation similar to mine.

Would you recommend a 309 or PMV in my situation? And you're saying it's best to apply for one before the visitor visa? I don't know what to even go for in any case to have her here in the short term for us to live together for a while so we may see if things work out for marriage. Should I avoid a visitor visa all together in case it's declined?
Honestly, see if she qualifies for the 462 if you want her to live here first before spendingg $7000k + other costs on a partner visa. Easy enough to get, takes less than a month usually and only a few hundred dollars. She can come to Oz and has the option to work if she wants to, unlike an ETA or visitor visas and it's valid for 12 months so no need to worry about applying for a visitor visa.

She can still decide to go offshore for a 300 app or wait out on the 462 until you have enough evidence for an 820/801 app. If she's willing to do work in northern Australia (note I said Australia and not Territory), she has the option to extend the 462 to a second year.

Also, have you actually met in person yet? If not, you aren't eligible for any partner visa yet.


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Old 03-11-2018, 02:19 PM
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You mentioned medical based cover/insurance, may I enquire as to why?

(If your just a forward planner then all good)
(If there's a preexsisting medical issue then you will potentially want further advice)

Oh and +1 for the 462 if eligable.


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Old 03-11-2018, 10:19 PM
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Try a tourist visa, ETA or 462 first, spend some time together, go from there...

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Old 03-20-2018, 10:08 AM
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Hello again! I'm sorry about the delay in replying.

After some checking through of our options, it seems like we can't go for the 462 visa as she doesn't have a copy of her GED, and it will take some time to get a replacement with her current name, sadly. We were told it would be over a month, at the very least, which is disappointing. So we fail to satisfy the requirement of the 462 in having a secondary school certificate on paper.

So now we're looking at the 600 Visa, for 12 months. Is this generally quite common getting approved? Is there anything I should be aware of, catches or anything for the future after that, or limitations? She will be traveling here with her savings, and is between jobs presently, with the intention to return to work after her holiday here.

In her medical history she does have a history of some hypertension, too, Otherwise free of health problems. Medical insurance here is more for her own peace of mind. Having said that though I did wonder if there's any issue with getting a visa with hypertension? If we should look at getting a doctors letter confirming she's healthy to travel, or if we need to get a medical check done over there, or here? It's hard to determine which option.

At present, we're looking at applying for a 600 visa with an RMA in the coming month, and then hoping it's approved. After that we see how things go in a de facto relationship for some time, and go for an 820/801. Thank you everyone here for all of your help!!


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