Marriage, Working Holiday Visas and Condition 8503...oh, my!

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Marriage, Working Holiday Visas and Condition 8503...oh, my!

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Old 08-31-2010, 04:51 AM
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Marriage, Working Holiday Visas and Condition 8503...oh, my!

Hi all! I realise that my situation is somewhat complicated, so please bear with me...

I am an Australian citizen (and currently living back home in Melbourne) and my husband is British, currently living in England. We met while I was in the UK on a Working Holiday Visa back in 2008. We spent all of 2009 going backwards and forwards to see each other (mostly me going to England due to flexibility with my employment), and got engaged in the UK in October '09 while I was there on holiday.

I came back to Aus in Dec '09 while he stayed in England. He then came out here in April '10 and we got married in a little civil ceremony on 1st May '10. He stayed on for an additional 6 weeks, we went on honeymoon, then he went back to England and I remained in Aus.

Our initial plan had been for us to apply for a UK spouse visa for me and have me move over there. However, due to the horrific state of the economy over there, we're second guessing our plan and feeling less and less comfortable with the idea of settling there.

So, here's the tricky part. He hasn't spent enough time here to know 100% that he would be happy living here. Is it possible, even though we're married, for him to apply for a Working Holiday Visa to come out to Aus to have more of a look around and see if he settles in? Then, if he can do that and does like it here, would he be able to apply for a spouse visa onshore, or would he have to go back to England and apply from there? What is the likelihood of him having a Condition 8503 stuck on the Working Holiday Visa?

Needless to say we're absolutely sick and tired of being apart and would like to avoid him having to return to England to apply for a spouse visa if he wants to settle here, but...well, we also understand that sometimes these things can't be helped.

Any advice would be immensely appreciated.

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Old 08-31-2010, 06:38 AM
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I think, and I am by no means an expert, that DIAC expects that people who are married would apply for spouse visas when they want to come here. If he applies for a WHV, they may well refuse it on the grounds that he should be applying for a spouse visa. OR even worse it may raise doubts in their minds as to the legitimacy of your relationship, if you don't apply for the spouse visa.

I am a bit at sea about your reasoning. Applying for a spouse visa doesn't mean you both have to live here permanently. He will probably be better able to assess what it is like to live here if he comes and works on a spouse visa and also will have medicare coverage as well.

I am pretty certain that you can leave at any time after the temporary spouse visa is granted and do the second stage processing offshore. The visa doesn't lock you here permanently.

The other issue is that the spouse visa requires "living together" kinds of evidence. The longer you live separately in different countries the harder it will be to get that evidence, and even worse, it raises the possibility that it might look to their inherently suspicious minds that you don't have a genuine relationship.

It might be best to get a one off consult with a migration lawyer to get the best advice on these ticklish questions, rather than run the risk of doing something that has consequences that you don't realise at the time.

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Old 08-31-2010, 03:35 PM
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There is not a restriction on him getting a WHV just because you're married.
Read Working Holiday Visa (Subclass 417)
And if he is young enough and prepared to do three months regional work or WWOOF Australia Official Website he can be eligible for a second WHV to allow him a full two years here, so plenty of time to apply for a partner visa onshore.
WHV will not have a NFS condition on them.
It is only when dependant children are involved that a paper instead of an online application needs to be made.

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Old 09-18-2011, 01:48 PM
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Thank you Wanderer, for clearing that up!!

I had pretty much the same question, although our circumstances are a different (we are de facto and want to come back to Australia before applying for the partner visa).

If you do not mind clarifying; you say that the WVH will not have a NFS condition attached- is that simply because it is a subclass 417 rather than 462?

Thank you in advance!

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