Questions on partner visa

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Questions on partner visa


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Old 12-31-2009, 02:52 AM
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Questions on partner visa

Hello everyone,

My girlfriend and I are planning to married on early 2011. I already had a permanent residency visa but she does not have it. So i am thinking to applying the partner visa for her. I had read the visa rules and aware that both of us are not living together but to live in our own parents house. Most likely it will be so until the day we get married. Both of us are still in our home country(Malaysia). We will most likely register the marriage certificate in December 2010. I might go to Australia earlier depends whether i can get a job there.

Few questions:
1)I just wonder can we apply for partner visa right after we get married? Will the application get accepted?
2)Is it possible to apply earlier (say 1-2 months before marriage day)to make the application speedier(since we already have plans)?
3)What i afraid is that we don't have the "12month living together in the same house/room". Is the marriage certificate sufficient to replace the 12 month evidence?

Thanks for reading and please help me.


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Old 12-31-2009, 03:24 AM
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Hi Kaijiun,

Why don't you apply for a fiance visa (prospective marriage visa)? That way you can apply before you plan to get married, as long as you register the marriage within 9 months of arriving in Australia.

Clearly you intend to get married, so applying for a de facto visa would not be necessary in your case. Take a look at the partner visa options again on the immigration website and see what you think


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Old 12-31-2009, 03:31 AM
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Oh, I forgot one more thing about the living together part. It might not be a problem if you can explain why/ For example if it's a cultrual thing (ie couples don't live together before marriage). You obvioulsy have comitted yourselves to eachother and will get married, so it may still be possible to satisfay the criteria for a finace visa.


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Old 12-31-2009, 03:49 AM
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Hi Kaijiun,
Partner visas, when granted, are usually for a temporary residence for two years, then after two years your wife can apply for a permanent residence visa (there are some exceptions to this but I don't think they will apply to you). Also, as aussiegirl says, there is a possibility of getting a 'fiancee' visa, which will give your partner's entry to Australia and nine months to get married. This would generally mean that you would have to get married in Au and I am not sure whether that's what you want.
To qualify for a Partner visa you need either: 12 months living together, registration of relationship under a state law or marriage (or for fiancee visa intend to marry). You only have to meet ONE of these requirements. The visa can be lodged offshore - a cheaper option (if your partner is outside of Au) or onshore (if your Partner is in Au on any other substantive visa without special conditions restricting further applications). You say that you are permanent resident living overseas. If you are not a citizen and your PR visa expires you may have difficulty returning to Au. Also, if your PR has expired and you are not in Au, you will not be regarded as 'permanent resident' to be able to sponsor your wife. First you'll have to get resident return visa. So, first thing to look after is regularising your status (making sure that you have a valid PR visa) and then apply for a Partner visa. If your partner applies before marriage then she will apply for 'fiancee' visa and then will have to re-apply for temporary Partner and then after two years for permanent Partner.
Hope it helps
Dorota


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Old 12-31-2009, 04:02 AM
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Thanks aussiegirl and xdorota , both of your inputs are really helpful.

I had checked out for fiance visa. This certainly is not what we want because we are planning to get married in Malaysia(due to cheaper cost and all our friends&relatives are there).

I just got my PR last month. So there will still be plenty of time for me to spent before moving to Australia.

Looks like we still had to wait until we get our marriage cert first before doing anything(no short cut to take ). Still have a year to go .....


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Old 12-31-2009, 04:29 AM
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I understand about the costs of a ceremony in Oz Just a thought though... you could apply for the fiance visa, simply register the marriage at a register's office in Oz after arrival, and still go back to Malaysia for the ceremony some time after??


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Old 12-31-2009, 06:05 AM
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Quote:
Originally Posted by aussiegirl View Post
I understand about the costs of a ceremony in Oz Just a thought though... you could apply for the fiance visa, simply register the marriage at a register's office in Oz after arrival, and still go back to Malaysia for the ceremony some time after??
Yeah. this is a good way to launch the PR application early. but the church i attend has a rule to that the couple has to register within 1 month before the wedding ceremony if they want to use the church building. It is used to prevent sex before marriage.

The cost to go there for the sake of register and come back is quite high as well. I try to buy one way ticket and to save more money for living expense there. Heard that jobs are quite hard to find nowadays


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