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worried and freaking out!


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Old 07-09-2010, 11:43 PM
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Question worried and freaking out!

hi everyone
my partner and i are waiting out our 12 month relationship requirment before he applys for visa ,we live togther in australia.
whenever i call immi for advice they just tell me to read the booklet,if i understood the booklet i wouldnt be calling them.
when we got together we didnt save any evidence.my unit was work owned so no proof of any bills in our names,bascially we have nothing except some facebook photos from march (we got together in august)
we now have a lease from march,i joined his bank account,a bill from a cat we bought and a will for eachother.trying to get friends to do stat decs so hope to have 2 decs soon.
my problem is....do we apply for spouse visa or perspective marraige visa?
if you apply for perspective marrige then later on do you have to apply for spouse?so perhaps spouse is better?
its all very confusing and im worried if we get rejected then i will have to go back to his homeland of pakistan to live and i dont want that


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Old 07-10-2010, 01:17 AM
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Quote:
Originally Posted by rosie652 View Post
hi everyone
my partner and i are waiting out our 12 month relationship requirment before he applys for visa ,we live togther in australia.
whenever i call immi for advice they just tell me to read the booklet,if i understood the booklet i wouldnt be calling them.
when we got together we didnt save any evidence.my unit was work owned so no proof of any bills in our names,bascially we have nothing except some facebook photos from march (we got together in august)
we now have a lease from march,i joined his bank account,a bill from a cat we bought and a will for eachother.trying to get friends to do stat decs so hope to have 2 decs soon.
my problem is....do we apply for spouse visa or perspective marraige visa?
if you apply for perspective marrige then later on do you have to apply for spouse?so perhaps spouse is better?
its all very confusing and im worried if we get rejected then i will have to go back to his homeland of pakistan to live and i dont want that
Immigration people are not there to so much advise on detail that people should put together for an application and more to assist with procedural stuff, giving direction as to appropriate forms to be used etc. and to where information is as you've found.
Even on forums, it is more getting suggestions and seeing what other people have been up to.
Have you sat down ovr a weekend and studied the Immi site info thoroughly before reading Booklet #1 for that may help.
Read all the eligibility information including the One Year Relationship Requirement section and then look at the example list in the Booklet.
Maybe it will help you if you make up your own list as you go.
elkitten made a post of her experience and that is in the top bracket of posts as a sticky thread.
But you do need to commit some time to absorbing what it is all about.
With something like a work owned unit, can your employer give you a statement about that and if they also knew of your relationship they could document that too.
Spouse partner visas are for people who have married and then there are defacto partner visas for the unmarried.
The Prospective Marriage Visa has to be applied for from outside of Australia and yes, as the Immi information clearly says, there has to be marriage and an application for a spouse visa within nine months of the PMV granting.





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Old 07-10-2010, 10:37 PM
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Quote:
Originally Posted by Wanderer View Post
Immigration people are not there to so much advise on detail that people should put together for an application and more to assist with procedural stuff, giving direction as to appropriate forms to be used etc. and to where information is as you've found.
Even on forums, it is more getting suggestions and seeing what other people have been up to.
Have you sat down ovr a weekend and studied the Immi site info thoroughly before reading Booklet #1 for that may help.
Read all the eligibility information including the One Year Relationship Requirement section and then look at the example list in the Booklet.
Maybe it will help you if you make up your own list as you go.
elkitten made a post of her experience and that is in the top bracket of posts as a sticky thread.
But you do need to commit some time to absorbing what it is all about.
With something like a work owned unit, can your employer give you a statement about that and if they also knew of your relationship they could document that too.
Spouse partner visas are for people who have married and then there are defacto partner visas for the unmarried.
The Prospective Marriage Visa has to be applied for from outside of Australia and yes, as the Immi information clearly says, there has to be marriage and an application for a spouse visa within nine months of the PMV granting.
thank you so very much for explaining the visas to me,i now know which one to read about,thank you


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Old 07-11-2010, 07:24 AM
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Quote:
Originally Posted by rosie652 View Post
hi everyone
my partner and i are waiting out our 12 month relationship requirment before he applys for visa ,we live togther in australia.
whenever i call immi for advice they just tell me to read the booklet,if i understood the booklet i wouldnt be calling them.
As Wanderer says, DIAC are not there to give you or anyone advice. You have two choices. Either read and figure out the booklet yourselves, like most people do or a seek the advice of an immigration lawyer. But DIAC won't tell you what visa to apply for.

Quote:
Originally Posted by rosie652 View Post
when we got together we didnt save any evidence.my unit was work owned so no proof of any bills in our names
They are very strict about the 12 month requirement for de facto spouse visas. I been on several forums over the years and seen quite a few of these refused on these grounds. If you can't prove the 12 months the obvious way, then you will have to do it the less obvious way.

As Wanderer says can you get a letter from your employer saying that they were aware both of you were living there from the date you were? Surely your partner would not have been living there in a work owned apartment without their knowledge and permission. Get that proof from them.

Were there letters sent to both of you at that address and have you kept the envelopes?

Can you get a stat dec from every person who knows you were both living together at that address from that date, saying that they know that and how they know it (ie visited you there etc). This would be in addition to the stat decs you have to get on the genuineness of the relationship and would just be on the issues of where you were living.

Quote:
Originally Posted by rosie652 View Post
my problem is....do we apply for spouse visa or perspective marraige visa?
if you apply for perspective marrige then later on do you have to apply for spouse?so perhaps spouse is better?(
For the PMV (which is offshore) you have to prove that you have met and have intent to marry. For the spouse visa, you have to prove you are living in a genuine spouse relationship.

I have done both, and the kinds of proof you need for each is quite different. If you don't like taking risks and don't think you have enough proof for the de facto spouse visa, is it an opting for him to go back to Pakistan and apply for the PMV from there? It will mean time apart, but everyone who has done the PMV goes through that, and it has a more certain outcome because you do not have to prove you have lived together.

Perhaps it would be a good idea to seek the advice of a migration agent, because you don't appear to be clear on what you are doing. What visa is your partner in Australia on, that might be an issue too if there are time restrictions on that, or a no further stay if it is a tourist visa etc.


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Old 07-11-2010, 11:58 AM
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Quote:
Originally Posted by mallory View Post
As Wanderer says, DIAC are not there to give you or anyone advice. You have two choices. Either read and figure out the booklet yourselves, like most people do or a seek the advice of an immigration lawyer. But DIAC won't tell you what visa to apply for.



They are very strict about the 12 month requirement for de facto spouse visas. I been on several forums over the years and seen quite a few of these refused on these grounds. If you can't prove the 12 months the obvious way, then you will have to do it the less obvious way.

As Wanderer says can you get a letter from your employer saying that they were aware both of you were living there from the date you were? Surely your partner would not have been living there in a work owned apartment without their knowledge and permission. Get that proof from them.

Were there letters sent to both of you at that address and have you kept the envelopes?

Can you get a stat dec from every person who knows you were both living together at that address from that date, saying that they know that and how they know it (ie visited you there etc). This would be in addition to the stat decs you have to get on the genuineness of the relationship and would just be on the issues of where you were living.



For the PMV (which is offshore) you have to prove that you have met and have intent to marry. For the spouse visa, you have to prove you are living in a genuine spouse relationship.

I have done both, and the kinds of proof you need for each is quite different. If you don't like taking risks and don't think you have enough proof for the de facto spouse visa, is it an opting for him to go back to Pakistan and apply for the PMV from there? It will mean time apart, but everyone who has done the PMV goes through that, and it has a more certain outcome because you do not have to prove you have lived together.

Perhaps it would be a good idea to seek the advice of a migration agent, because you don't appear to be clear on what you are doing. What visa is your partner in Australia on, that might be an issue too if there are time restrictions on that, or a no further stay if it is a tourist visa etc.
theres no option for him to go back to pakistan,the people he knows there would surley murder him as they know hes with a westerner
i did read the booklet very slowly and am a little more clearer.
his on student visa untill august 10th 2011.so still some time to try and work it out.


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Old 07-11-2010, 04:14 PM
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Quote:
Originally Posted by rosie652 View Post
theres no option for him to go back to pakistan,the people he knows there would surley murder him as they know hes with a westerner
i did read the booklet very slowly and am a little more clearer.
his on student visa untill august 10th 2011.so still some time to try and work it out.
If he can get a visa for New Zealand, Fiji, Singapore etc., he just needs to be outside of Australia to apply for a PMV but then of course there'll be the wait.
Alternately can he get a further student visa or if he has completed qualifications he should be able to apply for the 485 visa.
Skilled – Graduate (Temporary) visa (subclass 485)
And there'll then be plenty of time.





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Old 07-12-2010, 09:18 AM
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Quote:
Originally Posted by rosie652 View Post
theres no option for him to go back to pakistan,the people he knows there would surley murder him as they know hes with a westerner
i did read the booklet very slowly and am a little more clearer.
his on student visa untill august 10th 2011.so still some time to try and work it out.
If you want to get married anyway, why don't you get married while he is still here? The 12 months requirement is only for de facto relationships, but if already married, you may apply earlier?

Cheers,

Marisch


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