Partner Visa, Low Income / Unemployed Sponsor? - Page 2

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Partner Visa, Low Income / Unemployed Sponsor? - Page 2


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  #11 (permalink)  
Old 11-14-2010, 12:34 PM
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Mate you have been a great help.

One last thing, what if she were to come to Aus on the Perspective to Marry visa. Get married with in the 9 months & then apply for the Spouse visa.

Does the 12 month living together period get waived? or do you still need the evidence?

Thanks


  #12 (permalink)  
Old 11-14-2010, 01:59 PM
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The PMV is designed for coming to Australia and getting married, within nine months of the grant of the visa and not within nine months from arrival.
And you then submit the spouse visa onshore, also within nine months from the PMV grant and you'll still have to submit all the evidence again even though the 12 months is waived.
You may not have to do another medical but get extra certified copies of all the evidence you plan to submit and at least you'll have just about everything and just need to add the marriage certificate and fill in another application form.





  #13 (permalink)  
Old 11-16-2010, 08:42 AM
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Hi aussiegirl,

when you say, "If the student visa, or whatever visa the applicant is currently on, expires before the spouse application has been processed, a bridging visa is granted with the same rights as the expired visa. This allows the applicant to stay onshore while the visa reaches a decision."

What happens if the applicant comes to Australia on a 3 months Tourist Visa (with 8503 restriction) (No Further Stay)?

Can the applicant be granted a Bridging Visa before the Spouse Visa is approved?


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  #14 (permalink)  
Old 11-16-2010, 10:26 AM
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No Further Stay conditions mean exactly that and no further visa can be applied for so no bridging visa applies.





  #15 (permalink)  
Old 11-18-2010, 01:41 AM
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Wanderer i have one more curved question for you mate.

I forgot to mention my Fiance currently has a 12 month mulitiple entry tourist Visa to Australia. She visited earlier this year for 2 months.

Now I was wondering what would be case if she came to visit Australia on here current visa, arrange a celebrant one month in advanced and get married?
Could we then apply for the Partner Visa?

It seems like the cheaper & quickest option. How would immigration frown upon something like this?


  #16 (permalink)  
Old 11-18-2010, 02:58 AM
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Hi Eran,

In that case, if you have everything timed correctly and nothing goes wrong, you get the NOIM, get married and apply onshore for the spouse visa. She just has to be very careful not to mention anything about marriages if questioned by customs on her way in or out of Australia. She has a tourist visa afterall, and immigration is on the look out for people who enter with intentions other thant those allowed by their visas.

This requires Swiss precision so to speak, so get cracking with everything if this is the path you want to go down.


  #17 (permalink)  
Old 11-18-2010, 04:35 AM
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Other than just coming to visit again and if the idea then forms to get married etc. as Aussiegirl has mentioned, it would of course need for the visa she has to not have the No Further Stay 8503 condition on it.
If it hasn't and she can access all minimum documentation for the application [ and not a good idea to carry it with her on a visitors trip for it could take some explaining to Immi people why for instance you would want to take a birth certificate with you when just visiting. ] and you may find that she could need some sort of a certificate of eligibility to marry or she may just have to make a declaration along with yourself but something you ought to check with the celebrant re what they legally need.
She could leave the medical and getting her police check until here and they can even be submitted if need be after the application is in.
The other risk you do run is that you will be well short of the nominal six months together that Immi see as being reasonable even for married couples; whether all your time together previously is seen as being acceptable will be at the discretion of the CO.





  #18 (permalink)  
Old 11-18-2010, 10:04 AM
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Yeah thanks guy's.

As you know I'm just trying to way up the options, of whats best for us.
Her current Tourist visa doesn't have the no further stay condition on it. It's an ETA visa.
I spoke with Immigration today and they mentioned that because she has a British passport visa there is no condition like that. It's a low risk country.

Now after having a long hard think, I'm beginning to think the 12 month work holiday visa is going to be more appropriate. It's going to give us more time & it's also cheaper then applying for a PMV.

Now I'm not sure. If she applied for the Work Holiday Visa could there be the risk of it having the No further stay condition on it? She has a British passport as stated.

I was reading this on the Visa information page, it sounds promising that you can extend your stay on this visa (Subclass 417)

Extending your stay

You must depart Australia when your visa ends, unless you apply for another type of visa to extend your stay.

If your Working Holiday visa ends and you have not departed Australia or applied for another visa, you risk being detained and removed from Australia. You may also be subject to a period of exclusion from Australia.

If you are in Australia and your visa has expired, you should contact the department to regularise your status.
See: Expired Visas

A first Working Holiday visa cannot be extended beyond the 12 month validity period. However, if you have completed three months of specified work in regional Australia on your first Working Holiday visa, you may be eligible to apply for a second Working Holiday visa.
See: Second Working Holiday visa eligibility

There are other visa options for remaining temporarily or permanently in Australia at the end of your working holiday. However, your eligibility depends on your circumstances and intentions.


Last edited by Eran; 11-18-2010 at 10:31 AM.

  #19 (permalink)  
Old 11-18-2010, 01:01 PM
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Yes, I mentioned earlier about the second WHV potential option and the WHVs do not have a NFS on them.
Though you can apply for other visas while on the WHV, such as skilled if applicable, student or partner visas, getting a tourist visa onshore at the end of a WHV is not possible.
But certainly the WHV will have the advantage of her being able to legally seek work while here even if it is limited to six months with one employer.
If she does three months regional/seasonal work to get a secon WHV, she could have six months with one employer at the end the first WHV and then do the same at the start of the second WHV, so effectively 12 months with one employer is possible in that situation.
If she puts in for a partner visa anytime while on the WHV, a bridging visa will be granted to apply from when the WHV ceases to a decision being made on the partner visa.
So all up, not a bad approach.





  #20 (permalink)  
Old 11-22-2010, 04:31 AM
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Great, we have discussed and chosen that it is the best option at hand.

Now in terms of applying for an Onshore Partner Visa later on down the track, how will she go about getting Police & Medical checks? Should she do them now whilst in the U.K?


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