PMV - Do we have a leg to stand on???

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PMV - Do we have a leg to stand on???


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Old 07-03-2010, 03:24 PM
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Question PMV - Do we have a leg to stand on???

Hi there,

Any help would be great.
Im Aussie and met my Polish boyfriend at xmas while I was on a working holiday visa in the UK. I had to return home end of March and we have been doing long distance for 3 months now.

Our relationship has progressed pretty quick...yes, and so we are exhusting every avenue to see how we can be together again.

As far as evidence is concerned we have photos, Ive met his family in Poland, we send parcels to each other, skype sometimes twice a day and every weekend up to 3 hours at a time, instant messages and emails everyday etc so have all that. He is also planning to come out for a holiday to meet my family etc.

Do we have a leg to stand on with the PMV because we havent spent much time other then when I was in the UK together?

Does anyone know as well what the chances are if we are successful of me being able to return with him to the UK on a family premit to live after marriage here? I feel as though Im starting to lose hope.

Any info from anyone elses experiences would be wonderful.
Thanks diz


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Old 07-03-2010, 11:55 PM
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Originally Posted by diz21e View Post
Hi there,

Any help would be great.
Im Aussie and met my Polish boyfriend at xmas while I was on a working holiday visa in the UK. I had to return home end of March and we have been doing long distance for 3 months now.

Our relationship has progressed pretty quick...yes, and so we are exhusting every avenue to see how we can be together again.

As far as evidence is concerned we have photos, Ive met his family in Poland, we send parcels to each other, skype sometimes twice a day and every weekend up to 3 hours at a time, instant messages and emails everyday etc so have all that. He is also planning to come out for a holiday to meet my family etc.

Do we have a leg to stand on with the PMV because we havent spent much time other then when I was in the UK together?

Does anyone know as well what the chances are if we are successful of me being able to return with him to the UK on a family premit to live after marriage here? I feel as though Im starting to lose hope.

Any info from anyone elses experiences would be wonderful.
Thanks diz
The PMV is pretty much there for people in your shoes or similar Diz, where you have met someone abroad but are separated and yet want to be a couple [ and it would be good too if they made it so people could come together as defacto couples but perhaps that's for the future still, maybe something for Julia to get addressed! ].
But if you have good evidence of a long distance relationship and it appears you do, make sure you put it together in an orderly presentation, a kind of timeline of events as a face sheet index for documentation not a bad idea and I expect an application to be well considered.

You'd need to have a look at what the UK/EU regs are re rights of EU citizen non EU spouses in the UK and for you generally to the EU.
Google up UK/Poland immigration and I'd expect you'll find a whole heap of regulations just as we have for Australia.
I've glanced at the UK stuff occasionally and it seems to be as much a minefield as ours is.





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Old 07-04-2010, 03:12 AM
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The PMV is pretty much there for people in your shoes or similar Diz, where you have met someone abroad but are separated and yet want to be a couple [ and it would be good too if they made it so people could come together as defacto couples but perhaps that's for the future still, maybe something for Julia to get addressed! ].
But if you have good evidence of a long distance relationship and it appears you do, make sure you put it together in an orderly presentation, a kind of timeline of events as a face sheet index for documentation not a bad idea and I expect an application to be well considered.

You'd need to have a look at what the UK/EU regs are re rights of EU citizen non EU spouses in the UK and for you generally to the EU.
Google up UK/Poland immigration and I'd expect you'll find a whole heap of regulations just as we have for Australia.
I've glanced at the UK stuff occasionally and it seems to be as much a minefield as ours is.
Thanks for your reply, I feel a little better and was hoping I would hear from you as you seem to know a fair bit from other threads.

Would you happen to know if we did go ahead with this visa yeh do you have to stay in oz for 2 years of proof of your relationship? or after the 9 months can we move? I think if we were to marry in Poland we would have to live there for 3 years. Does anyone out there know about this????

Any idea of time on the visa? The UK border agency site is just as painful as the immigration site here and yes nothing seems straight forward.

Thanks for you help, its been great.


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Old 07-04-2010, 05:59 AM
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Originally Posted by diz21e View Post
Do we have a leg to stand on with the PMV because we havent spent much time other then when I was in the UK together? ....
Yes of course you do. The PMV is not based on time together, it is based on a genuine fiancee relationship and intent to marry. You only have to prove that you have met, and that you are a genuinely engaged couple who intend to marry in Australia and live together in a spouse relationship. You appear to have sufficient evidence to demonstrate that.


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Old 07-04-2010, 06:23 AM
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Would you happen to know if we did go ahead with this visa yeh do you have to stay in oz for 2 years of proof of your relationship? or after the 9 months can we move? I think if we were to marry in Poland we would have to live there for 3 years. Does anyone out there know about this????

Any idea of time on the visa? The UK border agency site is just as painful as the immigration site here and yes nothing seems straight forward.
I am not sure of the implications of marrying in Australia on the PMV, then leaving and applying for the temporary spouse visa offshore. Is that what you meant? It seems odd because the purpose of the spouse visa is presumably so that your spouse can live here with you. Or did you mean apply for the temporary spouse visa onshore, then leave after that? I think that is possible, but it may have implications for both PR and citizenship. The 9 months you are quoting is only an absolute end point for the marriage, you can marry and submit your spouse visa application well before the 9 months are up. For example my husband and I did the PMV, married on 20th April 2008 and submitted the spouse application onshore on the 11th July 2008.

I think you need to define exactly what you mean by "move", when you want to move, for how long, and then get some expert advice on the effect that not living in Australia for a long period of time on the temporary spouse visa might have on PR and citizenship.

As to the time that PMV applications take, it depends on the quality of the application and whether the applicant is from a high risk country. The London office has a reputation for being fast and efficient.


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Old 07-04-2010, 06:30 AM
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Originally Posted by diz21e View Post
Thanks for your reply, I feel a little better and was hoping I would hear from you as you seem to know a fair bit from other threads.

Would you happen to know if we did go ahead with this visa yeh do you have to stay in oz for 2 years of proof of your relationship? or after the 9 months can we move? I think if we were to marry in Poland we would have to live there for 3 years. Does anyone out there know about this????

Any idea of time on the visa? The UK border agency site is just as painful as the immigration site here and yes nothing seems straight forward.

Thanks for you help, its been great.
You can read up on all the details @ Prospective Marriage Visa (Subclass 300) but essentially the PMV is a visa that allows entry for up to nine months from the date of grant and to be married within that time and then also have applied for the onshore partner visa if you're still in Australia.
Once a person has entered they can leave again and get married outside of Australia or marry first and then leave and if not returning they could then apply for an offshore partner visa whenever they wanted to but bearing in mind if at some stage a quick return by both to Australia is required, that could cause a problem so better to do sooner than later.
Once a temporary residency partner visa has been issued either in Australia or outside, about two years later the applicant will receive a letter re confirming the relationship still exists so as PR can be processed and you can be either in Australia or abroad.
If it's your intention to travel back to Europe for however long, your Polish lad could just come here on his eVisa and you could get married and leave to do the partner visa offshore [ a little cheaper and only one application ].
If someone is granted a PR visa, it is good for initially only five years and after that if a person has not resided here long enough to apply for Ausie citizenship or has just decided not to, they need to get a residents return visa when travelling abroad if they want to get back in.

Foreigners - how to obtain Polish citizenship says that it'll be three years after marriage and then another six months re getting Polish citizenship through marriage and then I came across Law on Polish Citizenship and article 10 mentions three months but maybe the Swedes have it mixed up for it does seem a bit quick.
According to Steve on Married to Polish citizen, how long before I can apply for Polish citizenship? it seems an interpretation of that first link is after three years you have a six months window to get citizenship but then you'll still need five years residency to get a long term EC permit.
The those Poms might let you in but with the government change, there has been desires expressed re tightening up on Europeans pinching Brit jobs but apparently the UK cannot really change that aspect without withdrawing from the EU.

I was wondering about the permit to settle bit and seems you get a residence permit first - Poland Guide: Residence permit, How to become resident in Poland: You can get a temporary residence (karta then the settlement permit - Settlement permit :: udsc.gov.pl and then citizenship.
So a bit like TR - PR - Citizenship here though getting TR for there might be easier but until you've done it who knows!





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Old 07-04-2010, 02:11 PM
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You have been more then helpful thank you, thanks for the websites, Ive been going through it all and everything else.

After returning from meeting a friend whos husband came out last year on the PMV like you say yes you can come and go as much as you like as long as you return to Oz around the time when your visa for PR comes through to confirm you relationship is still all good.

What Im sifting through is if we marry in Oz and my partner gets his temp visa after the initial 9 months but we decide we would like to head back over to the UK to live/work until we have to return for the PR visa is it as simple as me applying for the Family Permit visa? British High Commission website refers you back to Border Agency and Home Office so its a bit of a bugger. And now Im confused with those visa options. He has his registration certificate as he has been living there for over 3 years so thats fine, Im just working out do I get a family permit visa or FMRS? aarrrhhh.

Im just wanting to know all our options so we can do it the right way.

I have been advised the following as well -
You dont have to reside in Poland for any specific period to get married as long as you have all the right documents and keeping in mind you may get the run around a bit, otherwise its straight forward. Also there is no waiting time involved in applying for a EEA Family Permit, once married you can apply almost straight away as long as of course you submit evidence of your relationship.

So if that can offer any help to anyone else on here thats great.

One last question ( I hope) him being Polish but living in London which country does he submit his application in, Poland or UK?

Thanks again Diz


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Old 07-05-2010, 01:44 AM
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Originally Posted by diz21e View Post
You have been more then helpful thank you, thanks for the websites, Ive been going through it all and everything else.

After returning from meeting a friend whos husband came out last year on the PMV like you say yes you can come and go as much as you like as long as you return to Oz around the time when your visa for PR comes through to confirm you relationship is still all good.

What Im sifting through is if we marry in Oz and my partner gets his temp visa after the initial 9 months but we decide we would like to head back over to the UK to live/work until we have to return for the PR visa is it as simple as me applying for the Family Permit visa? British High Commission website refers you back to Border Agency and Home Office so its a bit of a bugger. And now Im confused with those visa options. He has his registration certificate as he has been living there for over 3 years so thats fine, Im just working out do I get a family permit visa or FMRS? aarrrhhh.

Im just wanting to know all our options so we can do it the right way.

I have been advised the following as well -
You dont have to reside in Poland for any specific period to get married as long as you have all the right documents and keeping in mind you may get the run around a bit, otherwise its straight forward. Also there is no waiting time involved in applying for a EEA Family Permit, once married you can apply almost straight away as long as of course you submit evidence of your relationship.

So if that can offer any help to anyone else on here thats great.

One last question ( I hope) him being Polish but living in London which country does he submit his application in, Poland or UK?

Thanks again Diz
You do not need to wait the full 9 months to apply for the TR and you can do that as soon as you were married but it could take a few months to come through.
If he had a good job in London and wanted to keep it, it might make sense for him to arrange some leave around the time following the grant of a PMV, come out and get married and then you could return to UK to apply for a partner visa from there.
There was a slight change made, possibly after when your friends husband got his visa for now with an onshore [ had always been so for offshore ] partner visa you can be outside of Australia when getting the PR and it'll be a latest enter by date to validate it you'll need to return by and that can just be a short trip for as long or short as you like.
As for the BHC/BA/HO I might have a squizz at that circus a bit later but unfortunately for us it was the Brits that developed bureacrazy!





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Old 07-05-2010, 05:11 AM
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You do not need to wait the full 9 months to apply for the TR and you can do that as soon as you were married but it could take a few months to come through.

Wow...Good to know about the TR I thought you had to complete the full nine months etc and I was thinking maybe it would look better if we were to see out that time if I was then going to apply for a family permit visa and return to the UK. They are the ones Im worried about so I want to make sure I get it right if we do this cause I wouldnt want to get turned away from immigration if we had to prove being married for so long etc.

If he had a good job in London and wanted to keep it, it might make sense for him to arrange some leave around the time following the grant of a PMV, come out and get married and then you could return to UK to apply for a partner visa from there.

His partner visa you mean for here, the PR one which is for five years, yes? Sounds good.

There was a slight change made, possibly after when your friends husband got his visa for now with an onshore [ had always been so for offshore ] partner visa you can be outside of Australia when getting the PR and it'll be a latest enter by date to validate it you'll need to return by and that can just be a short trip for as long or short as you like.
As for the BHC/BA/HO I might have a squizz at that circus a bit later but unfortunately for us it was the Brits that developed bureacrazy!
Almost sounds to easy...Do you work for immigration or something cause you know alot and I hate having to research all this government jargon language. Its painful haha.


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