Any advice appreciated!!

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Any advice appreciated!!


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Old 05-31-2010, 02:16 PM
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Any advice appreciated!!

Hi all...

We need some advise so here is our situation...

We are not married although we have been together 7 yrs.
We have 2 children - eldest 4yrs and youngest 20mths. I am British, our kids are both australian citizens. (Eldest born in Uk, youngest born here) and my partner is Australian.

Most of our relationship was spent together in the Uk, we have spent some time apart myself in Uk and partner in Aus.

Which visa would be the best/easiest to apply for?
We are prepared to get married asap to helo me stay perm as at the moment i have been on a holiday visa for 8mths and i want to get to work to support my family!


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Old 06-01-2010, 11:28 PM
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Quote:
Originally Posted by PommyAussie View Post
Hi all...

We need some advise so here is our situation...

We are not married although we have been together 7 yrs.
We have 2 children - eldest 4yrs and youngest 20mths. I am British, our kids are both australian citizens. (Eldest born in Uk, youngest born here) and my partner is Australian.

Most of our relationship was spent together in the Uk, we have spent some time apart myself in Uk and partner in Aus.

Which visa would be the best/easiest to apply for?
We are prepared to get married asap to helo me stay perm as at the moment i have been on a holiday visa for 8mths and i want to get to work to support my family!
Try again for you as my earlier reply got caught up with a connection gliche.
First of all, your tourist visa will likely have a No Further Stay condition on it which will prevent you from applying for another visa, and so you''ll either have to apply for a partner visa outside of Oz or get a visa to return that does not have a No Further Stay condition - the ETA for instance.
http://www.australiaforum.com/visas-...australia.html is a thread where I have explained an ETA concept for another.

One difference for you being a Brit as applications for them online will default to an eVisa, also likely to have a No Further Stay condition and as on the site you'll need to see a travel agent etc.

The other issue you'll have to deal with is ensuring that either a 12 months relationship is recognised [ the on and off together working against you though total time and kids is in your favour ] and to be sure you really need to have all the facts well collated to support your application.
Once you decide on offshore/onshore have a look under eligibility and applying for this visa sections including the Checklist in the latter and the Booklet #1 , Family - Visas & Immigration

To cover the 12 months requirement you could get married before applying and the 12 months requirement is waived though you'll still need to present your relationship evidence. Alternately, ACT, Vic. & Tassie [ also soon NSW ] have relationship registration which is also a waiver if you want to look at an interim measure.
http://www.bdm.nsw.gov.au/PDF%20form...tionships1.pdf

So you're then left with deciding on applying offshore or onshore and there is a risk with ETAs in that taking one following on from a long tourist visa you could be quizzed on re-entry re intent for use of visas is always supposed to be as intended and just getting around something is not really a valid intent so you'll need to be returning just to spend some more time with the kids, the marriage thought being just an afterthought bright spark and so probably a good idea to delay getting married until returning on an ETA or alternately, get married towards end of the tourist visa, have visa application ready and put it in when in NZ.
It's about $820 cheaper offshore and I've known of people having everything ready to get a visa granted within days, not to say it's always like that though.
You'll need to get your health examination and PCCs done to attempt getting a quickie.

The other trick you need to be aware of is that flying over to NZ you need to show you have a flight out booked, to a country for which you have an entry permit so do not leave it until the last day or so of the current tourist visa.
There was a poster who also claims an ETA was applied for and granted and then on return to Oz she found she still had the original tourist visa, or so claimed - could be she got caught up in the eVisa defaulting scenario.

If you're on the west coast, Darwin or Brisbane it might also be cheaper/quicker to fly somewhere else where you do not have the NZ out flight requirement.

One way or another, a bit of planning required and depending on the financial/residential aspects of you both, Immi may require an AoS so be prepared for that too.





Last edited by Wanderer; 06-02-2010 at 02:25 AM.

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Old 06-02-2010, 10:16 AM
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Thank-you for taking the time to reply and giving me all that information.

Do you know anything about the parents visa? I stumbled accross it online and had never heard of it before but am not sure if its suitable?


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Old 06-02-2010, 10:37 AM
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Quote:
Originally Posted by PommyAussie View Post
Thank-you for taking the time to reply and giving me all that information.

Do you know anything about the parents visa? I stumbled accross it online and had never heard of it before but am not sure if its suitable?
It's not for you if that's what you mean re having two Aussie kids.
They're for families to bring out aged parents.





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