Eta/Partner visa question

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Eta/Partner visa question


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Old 07-27-2010, 07:46 PM
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Eta/Partner visa question

I am sorry if someone else has asked this i searched and could not find an answer.. I currently live in the USA and my bf is in AU. We met on fb almost a year ago. I have been to australia once so far to see him and he is coming here in couple months to see me. Aside from that we talk on the internet twice by video chat a day a few hrs each time. Anyway, we would like for me to be able to eventually move there with him but I don't know if we will be ready to get married within the 9 month time for the prospective marriage visa. We both are currently still married to other people but workin on the divorces- which I'm sure we have to wait until divorces are final before applying so prob cant apply now? I only have an eta right now. If i came over for 3 months then came back here for few weeks then went back 3 months again and so on does that qualify for the 12 month requirement for the partner visa? Are you even allowed to do that? I don't wana mess anything up. Or otherwise if we do apply for the marriage visa when we are able to am I allowed to still visit AU in the processing time as long as I am not there when it is approved? Can a prospective marriage visa be extended as well.. Please anyone if you can help I would appreciate it..


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Old 07-28-2010, 01:12 AM
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Quote:
Originally Posted by nins1018 View Post
I am sorry if someone else has asked this i searched and could not find an answer.. I currently live in the USA and my bf is in AU. We met on fb almost a year ago. I have been to australia once so far to see him and he is coming here in couple months to see me. Aside from that we talk on the internet twice by video chat a day a few hrs each time. Anyway, we would like for me to be able to eventually move there with him but I don't know if we will be ready to get married within the 9 month time for the prospective marriage visa. We both are currently still married to other people but workin on the divorces- which I'm sure we have to wait until divorces are final before applying so prob cant apply now? I only have an eta right now. If i came over for 3 months then came back here for few weeks then went back 3 months again and so on does that qualify for the 12 month requirement for the partner visa? Are you even allowed to do that? I don't wana mess anything up. Or otherwise if we do apply for the marriage visa when we are able to am I allowed to still visit AU in the processing time as long as I am not there when it is approved? Can a prospective marriage visa be extended as well.. Please anyone if you can help I would appreciate it..
The ETA has been used for repeat visits in the past and one guy [ may have even been from the US too] posted that he had been in and out 17 times on ETAs before finally getting a tap on the shoulder - he did however have some business style reasoning but the tap did motivate him to consider a partner visa.
Just recently on the ETA page is
Quote:
Repeat visits
An ETA is not designed to allow repeated extended stays in Australia. If you want to spend long periods in Australia for tourism purposes, you may want to consider applying for Tourist visa (subclass 676) or an alternate visa that suits your purposes.
That may signify that Immi could decide on tightening up a bit re ETAs use and each time someone enters Australia on any visa, Immi's role is to see that visas are being used for their intended purpose.
Perhaps a visit here and then wanting to have a quick look at New Zealand for a week or whatever and then later Noumea or Asia before returning to see more of Australia or to depart from here is OK, particularly if a person has something of a planned itinerary that supports the ETA being appropriate to their travel.
The other thing that may be scrutinised is that people have adequate means to support their intent in Australia and staying with a friend for some of the time is also quite OK.
It will however be a borderline issue whether it is considered that you would have the 12 months up together but there are possible alternatives:
. depending on what state in Australia you and your fella will be in, you may be able to consider getting a relationship registered, a couple of threads on that recently so scroll down a few pages and you should see a pertinent heading and some detail therein.
Having a relationship registered is akin to a marriage certificate and it waives the 12 months relationship requirement for a partner visa though you'll still need to have support for the relationship as per Booklet #1
. to provide for additional time together in Australia, you could consider a standard longer period tourist visa and though it is likely to have a No Further Stay condition applied, if so, you then take a trip to NZ to apply for an ETA.
Once you apply for a PMV there is nothing to stop you making a visit on an ETA and you could even just take that NZ honeymoon when it was ready for granting and you could even apply for one from NZ but whereas you can apply for a partner visa without being divorced, any restriction on being married is a blocker for a PMV and No, no extensions that I know of and I think that is stated somewhere in the PMV section if you have a squiz.





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Old 07-28-2010, 01:33 AM
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Thank you so much. That was a huge bit of info... Wow- 17 times for that one guy. I never planned on that. LOL. Maybe a couple times. I never realized there was so much involved in trying to be in a diff country before all this. It's all so confusing and scary to me. Sometimes I think we are never going to get to be together... I hadn't thought about the standard visa as I heard it was difficult to get and that most of the time it is for only 3 to 5 months anyway.. I will definitely look into what you spoke about getting the relationship registered. My bf lives in Victoria. Thanks again


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Old 07-28-2010, 02:21 AM
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Quote:
Originally Posted by nins1018 View Post
Thank you so much. That was a huge bit of info... Wow- 17 times for that one guy. I never planned on that. LOL. Maybe a couple times. I never realized there was so much involved in trying to be in a diff country before all this. It's all so confusing and scary to me. Sometimes I think we are never going to get to be together... I hadn't thought about the standard visa as I heard it was difficult to get and that most of the time it is for only 3 to 5 months anyway.. I will definitely look into what you spoke about getting the relationship registered. My bf lives in Victoria. Thanks again
There is a lot of info on the Immi site but it does encompass so much because there are quite a few different visa types and it doesn't matter too much which country you are going to travel too, they all have different visas and for particular circumstances finding the right one or ones is the key.
Once you have that, it's not so scary and with standard tourist visas, people do get them for longer periods of either six or even 12 months and it's just a case of having the correct reasoning and funds.
Like you'll need some funds to visit and see Australia and though having a friend there to stay with and travel, you are making a visit rather than just getting time together to be able to apply for a partner visa [ even though that could be down the track and does not need to be mentioned ].
Actually, someone posted here not long back re difficulties being admitted into the US because he had a friend there and it was much the same reason as Immigration officers encountered apparently had a mind set of someone coming in marrying and then being able to apply for residency.
Do not know how widely prevalent that is but perhaps Aussie guy ought to be forewarned that his trip is as much if not more about seeing the US than meeting up with a friend to avoid ending up being detained before being put on an earlier return flight.





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