PMV, or marry first & then do spouse visa?

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PMV, or marry first & then do spouse visa?


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Old 08-05-2010, 10:39 PM
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PMV, or marry first & then do spouse visa?

Hi,

This forum is very helpful! but I haven't been able to find a thread debating the merits of these two choices (if there is one - sorry in advance):

-I apply for a prospective marriage visa, get it, move to AUS, get married, then apply for partner temp and permanent visas

-or, get married legally first (in USA), then apply for a spouse visa. after it's granted, I move to AUS.


My boyfriend (AUS citizen) and I (US citizen) have been dating for 9 months (+ 1 year 11yrs ago... quite an interesting love story....) but have only been physically living together for a couple short stints via holiday visas. So we cannot apply for a defacto visa, since that requires 12 months of living together.

He is here in the US on a holiday visa right now, living with me. Since we're intending to get married anyway, could we just do a legal courthouse marriage here now, he goes back to AUS when his holiday visa expires(in a month), and I apply for the spouse visa? According to the Partner Migration booklet from the immi.gov.au site, it seems that if you're married, you dont' need the 12 months living together...

Is there some catch with that I'm not realizing? Will immigration somehow frown on my strategy to save money and time and work by lodging 1 app (309)instead applying for 2 separate visas (300 and then 309)?

also, the immi site seems to say that with the PMV, you can only get medicare *after* you've applied for the partner visa:

(look at immi.gov.au /migrants/ partners/ prospective / 300/ )
"may use Australia's medical expenses and hospital care assistance scheme, Medicare, but only if you are in Australia and have already applied for a Partner visa. "

That means on a PMV I wouldn't have healthcare for a while, since it'll take a few months to do the wedding and then lodge the whole partner visa? It seems that if I go the direct spouse visa route(309) I'd have medicare from day 1.

thanks for any and all insight and advice!


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Old 08-05-2010, 10:48 PM
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Yep your theory is correct.

Based on your situation and comments, I think getting married there and applying for spouse visa would be the most effective solution, as you'll save approx $1000 in a 2nd visa fee.

Immigration will not hold it against you at all - as long as you're able to prove you're in a legitimate and loving relationship and have lots of evidence that you are, then you'll be fine.


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Old 08-06-2010, 12:29 AM
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Yep, in a nutshell, what bdub33 has said is what it's all about and even being married you still need to provide evidence and seeing as you'll have trips to one another over a period of time that should not be too difficult.
And of course the marriage needs to be legal.
Have a look at the sticky thread by elkitten for some ideas though she was not getting married and also have a read of Booklet #1 if you have not already.





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Old 08-16-2010, 10:59 AM
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if as a PR, I would like to get my husband over on a partner visa, is this what I should be expecting?

- Partner (temporary) visa which has a waiting/valid period of 2years; then, APPLY?? OR GRANTED??
- Partner (permanent) visa

i do not know if after the temp visa(2yrs waiting period), it means i can apply or permanent visa will be granted?

thanks


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