Partner Visa - need some guidance on where to begin!

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Partner Visa - need some guidance on where to begin!


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Old 08-14-2010, 05:40 AM
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Partner Visa - need some guidance on where to begin!

My boyfriend(Aussie) and I(American) have been in a serious long distance relationship for the past 12 months. We have traveled back and forth 8 times for, often, month-long visits and have decided to look into having me move there by next summer. I knew the process would not be easy but my initial research is making my head spin and scaring me a little that this may not be possible.

Ideally, I would have liked to go over on a WHV for 12 months so that we could meet the living together requirements, but I am over age 30. The prospective marriage visa would be a last resort as I feel it would put alot of pressure on us. We are definitely on the marriage path, but I would like to live together in the same country for a little while before making that lifelong commitment. It is important that I be allowed to work when I'm there.

I see mention of relationship registration and am wondering if that would be an option for us? I can't seem to figure out if we could qualify. Are there specifics I can start to do so that I meet requirements? I will be in Melbourne in 2 months for a visit and would like to get the ball rolling, but don't really know where to begin and what visa to focus on...

Thanks in advance for any advice and/or direction you can give me - this forum has already been a wealth of info!


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Old 08-14-2010, 09:16 AM
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Quote:
Originally Posted by coolee00 View Post
My boyfriend(Aussie) and I(American) have been in a serious long distance relationship for the past 12 months. We have traveled back and forth 8 times for, often, month-long visits and have decided to look into having me move there by next summer. I knew the process would not be easy but my initial research is making my head spin and scaring me a little that this may not be possible.

Ideally, I would have liked to go over on a WHV for 12 months so that we could meet the living together requirements, but I am over age 30. The prospective marriage visa would be a last resort as I feel it would put alot of pressure on us. We are definitely on the marriage path, but I would like to live together in the same country for a little while before making that lifelong commitment. It is important that I be allowed to work when I'm there.

I see mention of relationship registration and am wondering if that would be an option for us? I can't seem to figure out if we could qualify. Are there specifics I can start to do so that I meet requirements? I will be in Melbourne in 2 months for a visit and would like to get the ball rolling, but don't really know where to begin and what visa to focus on...

Thanks in advance for any advice and/or direction you can give me - this forum has already been a wealth of info!
The relationship registration is a possibility for some and in the threads where you have seen it you'll possibly find a link to the Vic. application form.
There's one of our posters who has registered a relationship whereas another rang the BDMs people and was told 12 months would be necessary, my moral there for people is if you can comply with eligibility requirements you put in an application whereas asking a bureaucrat will most times receive a No if they are in doubt.
I think there was also a reference to someone being told it was only for permanent residents which is also not true.
Have a read of the Vic application form and with an overseas passport you'll see you'll need to supplement that with a Vic drivers or shooters licence and also be able to show that you do have residence, so being here for a shorter period, tou may struggle to get a relationship registered.
If you cannot find the link, say so and it'll be easy enough to dig up.
Even if you get a RR up, it still may not help too much if you're not together for a longer period.
A PMV will give you up to nine months to see what your intentions ought to be and so if you take it on board in full acknowledgement that you're giving life together a trial, maybe that helps remove any pressure and if it is not to be, you ought to have a reasonable idea by six months, especially if you're coming over for 2 months beforehand.
A PMV will allow you to work and if you can also schedule in another visit not working, while a PMV is being processed, you could come for another couple of months or whatever on an ETA/tourist visa and then when the PMV is ready for granting, you could take a flight over to New Zealand and so effectively you would have a few more months to see what the scene is.
On working, if you have particular skills/qualifications/experience for a skilled occupation you may want to consider looking at an employer sponsorship as that would be another way to be here longer and working.
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Old 08-14-2010, 11:24 PM
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Thanks very much for your reply. It sounds like PMV is the way to go. Just a couple more questions - what is the standard approval timeframe for a PMV? Does the 9 mos start from the day I enter Aus or from the day of approval? Also, is the 9 mos to get married absolute? Or is there a chance to then apply for de facto or even work visa if we have not gotten married by that time....

Obviously, I am moving to Aus with the intent to marry but the pressure to do so in an allotted timeframe does make me a bit nervous. Uprooting my life and moving countries is enough in itself, let alone adding the huge decision of committing to marriage within a short period into the mix...but I know they don't make it easy for a reason!

Thanks again for your informative feedback!


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Old 08-15-2010, 01:01 AM
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There's hardly a standard approval time for any visas though there are targets and that Immi aim to meet for 75% of the time and that'll be about five months for a family stream visa but also many factors that can influence that and variances do occur.
It also does not take into account getting things in order like your FBI/police checks and a couple of recent threads about that, 9 weeks seeming to be about the norm for FBI though one girl waited about 5 months, so that is something you'll want to think about getting on the move well before you apply.
Depending on where in the US you are, it cam also take a while to get a medical examination booked.

It's nine months from the grant of the visa you need to have entered Australia, married and have applied for the partner visa.

If you are eligible and found an eligible employer able to nominate a position and prepared to sponsor you while you are on a PMV you could apply for an employer sponsored visa and on that being granted your PMV would cease.
If you were still waiting for the ESV to be granted at the end of the nine months, normally you would get a bridging visa until the ESV was granted but it is a curly question in that whereas it is normal procedure, in this case you'll have actually defaulted on your PMV so I'm not too sure what might transpire in that case, something to ask Immi about - see GFU mention below.
If either way you do get an ESV, there'll be the ever present danger that you could lose your employment and for whatever reason unless you can find another sponsor you'll need to either get another visa or leave within 28 days.
But at least that will have likely given you a lot more time to consider marriage or have the time together for a relationship registration and proceed with a partner application.

If it was an independent skilled visa you're contemplating, that is probably not so feasible for you would likely only be eligible to apply for an offshore visa even though you were onshore [ in Australia ] and they can take a long time to process and no bridging visa would apply.

What area are you skilled in btw? as that will determine your options/chances.

If you schedule a wedding towards the end of the nine months, and have the spouse visa pre-prepared and ready to go in all but for marriage detail, one interesting concept I've not thought of before and do not know how it would go would be to consider getting your relationship registration after say six months and then trot along to an Immi office and see what if anything you could find out as to whether they would accept you applying for a partner visa on the basis of the RR instead of proceeding with marriage straight away.
It will probably be too challenging a concept for the bureacracy to handle and especially at lower levels they usually do not know anything but what procedures manual will tell them.
You may want to consider having a good read of the PMV information - Prospective Marriage Visa (Subclass 300) , particularly the eligibility and applying sections, the Checklist as well as the Booklet #1 so as you are as familiar as you can be with what is there and then send in a request to the Global Feedback Unit and you'll find them at Contact Us – Compliments and Complaints – Department of Immigration and Citizenship
They are a section that are there to take notice and on occasion have been known to help or at least draw attention of the appropriate people to particular issues.
The answer could well be something like " Immi assessments need to be against what the regulations are for they are legislated " but they may see that there is some wriggle room and it's the old story of nothing ventured nothing gained.





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