Spouse or Prospective Marriage visa?

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Spouse or Prospective Marriage visa?


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Old 06-23-2010, 10:12 AM
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Spouse or Prospective Marriage visa?

Hi everyone,
I'm going to try to be brief...
I come from France.
I've been in a relationship with an Australian woman for 18 months.
I left the country and came back on a 12 months tourist visa with a "No Further Stay". It's my 4th 12 months tourist visa.
I still have 4 months left on this visa.
We haven't yet lived together full time.
We've got photos, letters and e-mails from when I was in France, plane tickets to other places in Australia and we can get letters from friends.
Should I marry her now, go back to France and apply for a Spouse visa?
Or should I apply for a Prospective Marriage visa when I go back to France at the end of this visa?
Could I just come back here with an ETA, marry her and then apply for a spouse visa from Australia?
We want to make a baby but I don't want to be stuck over sea while she's pregnant here!
Would they waver the "No Further Stay" if we were expecting a baby before I have to leave the country in November.
Would it help if she's pregnant when I apply for the visa?
Thank you for taking the time to read my questions.
E1.


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Old 06-24-2010, 01:51 AM
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Quote:
Originally Posted by evernow1 View Post
Hi everyone,
I'm going to try to be brief...
I come from France.
I've been in a relationship with an Australian woman for 18 months.
I left the country and came back on a 12 months tourist visa with a "No Further Stay". It's my 4th 12 months tourist visa.
I still have 4 months left on this visa.
We haven't yet lived together full time.
We've got photos, letters and e-mails from when I was in France, plane tickets to other places in Australia and we can get letters from friends.
Should I marry her now, go back to France and apply for a Spouse visa?
Or should I apply for a Prospective Marriage visa when I go back to France at the end of this visa?
Could I just come back here with an ETA, marry her and then apply for a spouse visa from Australia?
We want to make a baby but I don't want to be stuck over sea while she's pregnant here!
Would they waver the "No Further Stay" if we were expecting a baby before I have to leave the country in November.
Would it help if she's pregnant when I apply for the visa?
Thank you for taking the time to read my questions.
E1.
The number of people these days that have a relationship which can include having children without getting married, I doubt that a partner becoming pregnant will be considered too much when it comes to waiving a No Further Stay condition nor given too much consideration in processing a visa though it can affect whether a PR or just TR grant occurs when there are children from a longer relationship.
You're best to look at the total picture of what Immi look at in determining whether a relationship exists, the details being listed in the eligibility section and Booklet #1 as referred to in many threads on partner visas in this section.
You say you have not lived together and that is something you'll need to take into account in respect to whether you plan on establishing a relationship by marriage or not or seek a PMV.
Some people do possibly develop plans about getting an ETA though it is not beyond the possibility of the purpose of an ETA being questioned on arrival.





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Old 06-24-2010, 03:50 AM
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Originally Posted by Wanderer View Post
The number of people these days that have a relationship which can include having children without getting married, I doubt that a partner becoming pregnant will be considered too much when it comes to waiving a No Further Stay condition nor given too much consideration in processing a visa though it can affect whether a PR or just TR grant occurs when there are children from a longer relationship.
You're best to look at the total picture of what Immi look at in determining whether a relationship exists, the details being listed in the eligibility section and Booklet #1 as referred to in many threads on partner visas in this section.
You say you have not lived together and that is something you'll need to take into account in respect to whether you plan on establishing a relationship by marriage or not or seek a PMV.
Some people do possibly develop plans about getting an ETA though it is not beyond the possibility of the purpose of an ETA being questioned on arrival.
Thank you for your answer.
Do you mean that if we haven't lived together it's better to apply for a Prospective Marriage visa?
E1.


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Old 06-24-2010, 08:29 AM
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Originally Posted by evernow1 View Post
Thank you for your answer.
Do you mean that if we haven't lived together it's better to apply for a Prospective Marriage visa?
E1.
If you've not lived together, I'd reckon it'll be difficult to show a relationship exists to the extent required for a partner visa.





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Old 06-24-2010, 08:40 AM
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When you say "Partner Visa" do you mean Spouse visa and not Prospective Marriage visa? Or do you mean any of those visa?
Will the photos, letters, plane tickets and friends declarations be enough for the Prospective Marriage visa?


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Old 06-24-2010, 08:51 AM
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Originally Posted by evernow1 View Post
When you say "Partner Visa" do you mean Spouse visa and not Prospective Marriage visa? Or do you mean any of those visa?
Will the photos, letters, plane tickets and friends declarations be enough for the Prospective Marriage visa?
The partner visa can be either for married spouses or defactos and then the PMV is as it states for someone intending to get married.
If anything you'll find the documentary evidence for a PMV may exceed that for a partner visa.
For instance you need to provide evidence of your marriage intent.





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Old 06-24-2010, 08:58 AM
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The partner visa can be either for married spouses or defactos and then the PMV is as it states for someone intending to get married.
If anything you'll find the documentary evidence for a PMV may exceed that for a partner visa.
For instance you need to provide evidence of your marriage intent.
We can show that we already are organising the marriage with a celebrant.
Will it be enough together with the rest of the evidences? Or will they want us to have already started to live together full time?


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Old 06-24-2010, 01:22 PM
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Originally Posted by evernow1 View Post
We can show that we already are organising the marriage with a celebrant.
Will it be enough together with the rest of the evidences? Or will they want us to have already started to live together full time?
Immigration look at a total application and not just one thing or another.
Have you read Booklet #1 for that has a heap of information a link in Family - Visas & Immigration and loads of info there too.
No one here works for Immi and so it cannot be said what level of info is required on specific applications but they do give a good guide that you can review.





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Old 06-24-2010, 09:19 PM
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Originally Posted by Wanderer View Post
Immigration look at a total application and not just one thing or another.
Have you read Booklet #1 for that has a heap of information a link in Family - Visas & Immigration and loads of info there too.
No one here works for Immi and so it cannot be said what level of info is required on specific applications but they do give a good guide that you can review.
I've read Booklet 1 and they say that when we apply for Prospective Marriage we must "genuinely intend to live together as husband and wife" and that we "must have met face to face before the marriage" so it should be fine... We're not the only ones who do it like this.
And we'll have other evidences to show that our relationship is genuine.
Thank you.
E1.


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