Bringing my US citizen partner to AUSTRALIA?!

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Bringing my US citizen partner to AUSTRALIA?!


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Old 01-12-2014, 12:35 AM
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Bringing my US citizen partner to AUSTRALIA?!

I have been seeing a man for a while now who is from the US. I am an Australian citizen.

I have a few questions regarding visas and residency and I hope someone might be able to help me out.

- Is it true that if I bring him over here I need to support him for 2 years and he cannot work? Even if we are engaged or married?

- How long does a fiancÚ or spousal visa take to go through?

-Is it easier for me to bring him over here? Or am I better off moving to the US?

-If I married him while he was on holiday in Australia, could he stay? Or would he need to return?

I am a student and single Mum. He is in the Military but will be finishing up in 2016 and has 2 bachelor degrees so shouldn't have any issues getting a job and is also a former policeman.


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Old 01-12-2014, 12:58 AM
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Hi Tori92!

Here's some short answers...

Quote:
Originally Posted by Tori92 View Post
- Is it true that if I bring him over here I need to support him for 2 years and he cannot work? Even if we are engaged or married?
If he is granted a PMV (prospective marriage) or defacto visa he will have full working rights, but not be eligible for Centrelink.

Quote:
Originally Posted by Tori92 View Post
- How long does a fiancÚ or spousal visa take to go through?
I think they are quoting 8 to 9 months if you're applying from the US and 13 months if onshore.

Quote:
Originally Posted by Tori92 View Post
-Is it easier for me to bring him over here? Or am I better off moving to the US?
That's up to you on what works financially, if he goes to Australia and you plan to apply from there, then you need to make sure you are keeping with the requirements of the visa he gets (for example if he is on a tourist visa he is not supposed to be in Australia with the intention of applying for another visa) and has a no further stay condition (NFS) . If he does have a NFS, then he cannot apply for a visa onshore.

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Originally Posted by Tori92 View Post
-If I married him while he was on holiday in Australia, could he stay? Or would he need to return?
No, you would still need to go through the same visa process, do you meet all the requirements for defacto i.e. living together for 12 months etc.?

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Old 01-12-2014, 01:15 AM
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It's probably best if you start with reading about the various partner visas on the DIBP website:

Live in Australia

And then there is a very good summary of these partner visas on this forum:

http://www.australiaforum.com/visas-...d-i-apply.html

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Old 01-12-2014, 01:24 AM
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In regards to whether you should move to the US instead, like Miss Montie said, it definitely depends on your finances. When we were trying to figure out what would work best for us, we discovered that I wouldn't be making enough to meet the sponsor requirements to get my husband to the US (keeping in mind we were both fresh out of university).

The job market in the US isn't great right now, so depending on your qualifications and experience you might have some difficulty getting a job. If you do get a job, wages are lower. Cost of living is also lower, though we personally have found that Australia is more in our favor. (For instance: my husband works in retail here in Australia and earns enough to support both of us. In the same job in my hometown in the US, we would be forced to live with my parents because he wouldn't earn enough for rent elsewhere.)

As a single mum, you would also want to think about your kid(s) of course, and what the move would mean for them if they're school age. Also, any support you might currently get from family or friends would be halfway round the world. I think it's probably going to be easier for you to move him to Australia instead, but you obviously know what's best for you!


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Old 01-12-2014, 01:31 AM
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One thing to think of even though getting married waives the 12 months of living together you need to be able to gather enough evidence to get able to convince them that you have an ongoing relationship. If he comes here on a tourist visa for 3 months, I highly doubt you would be able to gather enough evidence in 2-2.5 months to lodge a successful application. You will need things like joint bills, joint accounts etc.

The next question is I know you said you have been seeing him for awhile, but with this day in age with the internet there are so many people that have met online. I just wanted to check if you have met in person?

PMV is a good option as you require less evidence, all you need is to show that you are in a genuine relationship and have met in person. The current processing time for the US is 8-9 months. If he isn't getting out of the military until 2016 if you do go PMV you won't want to apply until about 6 months or so until he is about to get out.

Also I believe that they will not employee temporary residents in the army or police force here. They may allow a PR but you would need to check on that one, it be only if they are close to being able to get their citizenship.

In regards to where you move that is only a decision that you can him can make. No one knows if his jobs prospects will be better or worse off in Australia than in the US. I do believe that college education in the US is very expensive though compared to Australia and this only comes from a friend of my brothers who returned to Australia to do his university because it was cheaper for him to pay for accommodation and university costs in Australia then to go to college and pay no accommodation costs (his dad was stationed in the US) in the US. Just some thoughts, since you mentioned you are a single mum.


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Old 01-12-2014, 09:09 AM
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Thanks for the replies.

I have met him before, a few times. We keep in contact a lot via Skype, Oovoo, phone calls and Facebook mainly though.

I think it would be better if he moved over here personally.

One last question I have...

Which would be the better option? (So we can be together sooner!)

A. Marry him while on holiday and apply for a visa and have him stay in the country?

B. Apply for the PMV and wait for it to go through?

With the PMV, do you need to have been living together for 12 months? We haven't lived together at all. I saw with the Fiance/Defacto visa they want you to have been living together for 12months.

What is the easiest and fastest way for us to be living together in the same country with the option of him being able to work?

Sorry if I am asking stupid questions, I have read through it all but it's all so confusing!


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Old 01-12-2014, 09:16 AM
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With partner visas unfortunately easy and fast do not go together.

The easiest is the PMV route. The fastest (not in terms of processing) is the spouse visa as you get to be together onshore.

You are correct that with de facto you need to have lived together for 12 months but that is just one requirement. Also with de facto this gets waived when they register the relationship. The 12 months living together is also waived for couples that are married.

IF he can here on a tourist visa and you ended up getting married and applying towards the end of this 3 month stay I believe you do not have enough evidence. Living together for about 2.5 months is not enough time to gather enough evidence to show that you have a shared life together.

Personally even though you apply offshore the PMV is the easiest way to go (you do not have to have lived together). Also if you can afford it he can come here on a tourist visa while waiting the processing of the visa, he just needs to go offshore to NZ or Bali at the end of 3 months and then come back on a new tourist visa and he won't be able to work during that time.

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Old 01-12-2014, 10:24 AM
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Quote:
Originally Posted by Mish View Post
With partner visas unfortunately easy and fast do not go together.

The easiest is the PMV route. The fastest (not in terms of processing) is the spouse visa as you get to be together onshore.

You are correct that with de facto you need to have lived together for 12 months but that is just one requirement. Also with de facto this gets waived when they register the relationship. The 12 months living together is also waived for couples that are married.

IF he can here on a tourist visa and you ended up getting married and applying towards the end of this 3 month stay I believe you do not have enough evidence. Living together for about 2.5 months is not enough time to gather enough evidence to show that you have a shared life together.

Personally even though you apply offshore the PMV is the easiest way to go (you do not have to have lived together). Also if you can afford it he can come here on a tourist visa while waiting the processing of the visa, he just needs to go offshore to NZ or Bali at the end of 3 months and then come back on a new tourist visa and he won't be able to work during that time.
Thanks! I think the offshore MV is theway t go. Thanks so much all of you or your replies. xx


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