Partner Visa - would it make it easier if we got married now?

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Partner Visa - would it make it easier if we got married now?


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Old 11-07-2010, 09:01 AM
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Partner Visa - would it make it easier if we got married now?

I have been working on my Prospective Marriage visa - I'm American, he's Australian.

We have been traveling back and forth during the past 1.5 years (10 times), have statements from friends and family in AU, pictures, proof of travel, but minimal email, letters and phone records....we use Skype and blackberry messenger, which is hard to provide history of. We also just recently opened a joint bank account. I'm a little worried that the evidence of our relationship may not be thorough enough....

Would there be any benefit to getting married and applying for the spouse visa instead? He will be here in the next couple weeks and it's definitely something we want to do if it will make the process and/or probability of approval easier.

Thanks for any insight. This forum has been great!


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Old 11-07-2010, 02:49 PM
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Getting married is not a guarantee of having a partner visa granted for though not being together will not alone cause a visa rejection, even with being married, a six months period together is seen as somewhat normal.
Given your background you might be better off to stick with the PMV or alternately make plans to be together for at least several months as well as being married and then applying for a partner visa.





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Old 11-07-2010, 05:47 PM
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Quote:
Originally Posted by Wanderer View Post
Getting married is not a guarantee of having a partner visa granted for though not being together will not alone cause a visa rejection, even with being married, a six months period together is seen as somewhat normal.
Given your background you might be better off to stick with the PMV or alternately make plans to be together for at least several months as well as being married and then applying for a partner visa.
Thanks again, Wanderer.
We won't have a chance to be together in one place for too long, let alone several months....we have had 2 visits in the past year that were longer than a month each, but most were for a couple weeks. I'm planning on moving there by June of next year. The more we discuss it, the more enticing it seems to get married quietly in the next couple weeks. That way I can tie up everything I need to here, officially, before I leave (name change, new passport, license, etc) and lessen the stress of planning our "real" wedding in AU, since the month we prefer would possibly be past the 9 month period.

I want to lodge my application by beginning of DEC, since the sooner I get approved, the sooner I can look for employment. Do you think getting married 1-2 weeks before applying would negatively affect us?


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Old 11-08-2010, 04:37 AM
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As I've said, getting married will not alone guarantee a partner visa, not that there's ever any guarantee on any type of visa, but not residing together will detract from the possibility of a partner visa being granted.
You can apply for a PMV and then if before that is processed you decide to marry, you can notify Immi and they will then process that as a partner visa.
That may be a better approach for though it may seem the regulations are a bit odd, the PMVs allow people to apply where they want to be together and have a background to show that it is not just a convenience matter, whereas with the partner visas they expect the residing together relationship to already be in place and the time period is not an accumulative assessment of a month here and a month there.





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Old 11-09-2010, 01:56 AM
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As I've said, getting married will not alone guarantee a partner visa, not that there's ever any guarantee on any type of visa, but not residing together will detract from the possibility of a partner visa being granted.
You can apply for a PMV and then if before that is processed you decide to marry, you can notify Immi and they will then process that as a partner visa.
That may be a better approach for though it may seem the regulations are a bit odd, the PMVs allow people to apply where they want to be together and have a background to show that it is not just a convenience matter, whereas with the partbner visas they expect the residing together relationship to already be in place and the time period is not an accumulative assessment of a month here and a month there.
Thanks again. I guess it's just so hard to have a history of living together since being able to live together is part of the reason for the visa! We need to maintain a dual income, but he can't legally work here and I can't legally work there....

One last question is that if we DO decide to get married before submitting the app(2 weeks prior), would taking his last name be a problem since all of my docs would be submitted with my maiden name? Now I realize that getting married would in no way guarantee a partner visa or make it easier but I don't want it to be viewed as a negative either. Through all of this constant traveling back and forth and figuring out which visa path to take, we've now realized how much we'd rather get married sooner than later - before we dive in to the whole unromantic, bureaucratic process.

Kudos to all the couples who have gone through this - it seems a long and exhausting road!


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Old 11-09-2010, 05:10 AM
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I suppose the advantage of offshore visas is that someone abroad can still keep working in their own country until getting a visa though that will still mean spending time apart for the sponsor to keep working in Australia.
Have you considered on one of your trips here or doing another one, seeing what oppportunities there are in regard to employer sponsorship for even with a TR sponsorship you can then get more time together, get married at your liesure and apply for the partner visa onshore.
But answering your question, if you get married and take a different surname that's no big deal for if you use your new name in a partner visa application and have a different name in your birth certificate and passport etc., the difference is clarified by a marriage certificate.
If you were to be applying for something like a tourist visa, I would for simplicity stick with what your passport has and quite often, you will find various applications call for using whatever name is on ID, even booking an airline ticket for if you show up with one name in a passport and another shown on the airline manifest, unless you have your marriage certificate to flash, you may not even get aboard.





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Old 11-10-2010, 09:07 PM
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Hi coolee00, I am trying a 309 partner visa application myself. I thought I'd just offer my comment on:

Quote:
Originally Posted by coolee00 View Post
minimal email, letters and phone records....we use Skype and blackberry messenger, which is hard to provide history of
Re Skype, you can only see the last 3 months of activity online, so I was quite depressed about losing all that evidence, however...

*if* your calls were 'SkypeOut' that is using Skype to call a landline, they do hold records back further than 3 months. You just have to file a customer service request to ask for them. I found them very helpful and efficient. Don't know if this helps you, but just thought I'd mention.

Good luck with your application!


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Old 11-11-2010, 05:50 AM
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Thanks Wanderer and iain.

I work in a somewhat unique industry and there are little to no opportunities for an employment sponsorship so I'm basically stuck staying at my job here and keeping my income until I can get approved for a visa.

We haven't had too many "skype-out" calls but it can't hurt to include everything. Thanks for the tip and good luck with your app


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