Australian & Indian love story.....

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  • 1 Post By louie19810

Australian & Indian love story.....


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Old 11-21-2010, 12:32 PM
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Australian & Indian love story.....

Hi all,

I have been reading posts on this forum & now I need help to decide whether to apply for:

(1) ONSHORE Partner Visa (Subclass 820 & 801)

(2) OFFSHORE Partner Visa (Subclasses: 309 & 100)

(3) Prospective Marriage Visa (Subclass: 300)

Our background:

I'm an Australian Citizen (sponsor) & my girlfriend (applicant) is an Indian Citizen. Currently, I'm in Sydney, Australia & she is in Kolkata, India.

The first time we met each other was via the telephone back in February 2010 (we had never met each other "physically" prior to February).

At the beginning, we spoke on the telephone (via phone cards) every alternate days & our friendship gradually blossomed into a relationship within 3 months or so. Which after, we spoke on the telephone everyday for hours (I have telephone logs & phone cards receipts as evidence).

After knowing my girlfriend for 7 months, at the end of September 2010, I went over to India to physically meet her for the first time & spent almost 4 weeks with her & her family. We connected strongly, our love for each other confirmed & we agreed that we want to get married & share our lives together in Australia.

I promised her that I will go back to Australia & make arrangements so that we can get married either in Australia or India & apply for an Australian Visa so she could come to Australia to live a better life with me.

Scenario #1: ONSHORE Partner Visa (Subclass 820 & 801)

This ONSHORE Partner Visa seems to be impossible for us because there's no way my girlfriend can get a Working Holiday Visa (as India & Australia do not have any employment agreements).

There's almost an impossible chance for her to get a Tourist Visa without a "Restriction 8503 No Further Stay", as India is a "high risk country". Also, Bridging Visa would not be granted because of the "8503 Restriction". I also read that the Immigration Office would have a very dim view at this approach, that is, coming into Australia on a Tourist Visa, get married, then apply for an ONSHORE Spouse Visa. This is from what I have been researching, can anyone advise me otherwise?

Scenario #2: OFFSHORE Partner Visa (Subclasses 309 & 100)

This OFFSHORE Partner Visa seems possible. I can go back to India in the next few months & legally marry my girlfriend through the Marriage Registry Office then immediately apply for the OFFSHORE Partner Visa through the New Delhi office with all the supporting documents & evidence.

But, I have read on this forum (by Wanderer) that it is a requirement to have "physically lived" with my partner for several months before satisfying the eligibility criteria to apply for this OFFSHORE Partner Visa? If that is true, then our physical contact of just 4 weeks would not satisfy this criteria. However, I can't find this "requirement" in the Booklet #1: 1127 - Partner Migration.

Scenario #3: Prospective Marriage Visa (Subclass: 300)

This Prospective Marriage Visa seems possible. I have to get a NOIM from a Marriage Celebrant in Sydney & submit it with the application.

We can provide evidence in support of our relationship being "genuine" by my telephone logs; photos with her friends & family; personal statements from her friends & family. But, for the "continuing" part, I'm not sure how to prove except with a legal marriage certificate, as there's no chance for us to get a joint bank account; shared bills; shared assets, etc. because I'm here in Australia & she's in India.

So as of today (21st November 2010), we have known each other via telephone for 9 months & only being physically together for almost 4 weeks while I was there in India.

What's the best Visa to apply for?

Can anyone please give me some advice?


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Old 11-21-2010, 08:15 PM
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You will not find a reference to living together a specific number of months though from another discussion there was revelation of a reference in a Procedures Manual [ a summary of legislation ] that a nominal six months is a period of time together seen as indicative for a married couple, a decision not necessarily to be made on that alone.

I'd reckon your best approach may be the PMV.





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Old 11-22-2010, 09:38 AM
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Quote:
Originally Posted by Wanderer View Post
You will not find a reference to living together a specific number of months though from another discussion there was revelation of a reference in a Procedures Manual [ a summary of legislation ] that a nominal six months is a period of time together seen as indicative for a married couple, a decision not necessarily to be made on that alone.

I'd reckon your best approach may be the PMV.
Thanks Wanderer.

I'm just thinking because India is a "high risk country" would the Immigration Office be more "strict" towards applicants of PMV compared to Partner Visa? At the very least, Partner Visa are for applicants who have gone through the effort to legally marry each other. They have Marriage Certificate as proof that their relationship is genuine & the continuing part is addressed.

But for PMV there's a "risk" that applicants might change their mind once in Australia, therefore, Immigration Office will be more stringent during the assessment of the evidence/documents.

That's just how I'm thinking.


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Old 11-22-2010, 02:05 PM
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I expect the reason why there is still an expectation of a relationship time for married people is just as it is for defacto partners in that it will not just be a marriage that is accepted as indication the relationship is a valid one.
Any PMV applicant not proceeeding with marriage will have defaulted on the visa and will need to leave unless they have been able to apply for a different visa.





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Old 11-22-2010, 10:27 PM
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Hi Treadmark,

NIce story, and not at all that unusual, except perhaps the phone part, rather than internet...

There is one member here, Jude, who got her visa just after us, and their story is, from memory, that they only lived together physically for about a month or so, after marriage.

In their case, hubby is from India too....

I'd go for the partner visa 309, ie: get married and live together as long as possible . You can already put in your application prior to the wedding and inform them of the date and send in the certificate later.

All the best :-)


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Old 05-20-2011, 10:09 AM
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Hi All

I have somewhat a similar case. But just the fact that we are legally married.

I am an Indian citizen. I am very confused with how to apply for the Visa to join my husband in Australia.

We had a proper Indian arranged marriage. The marriage was only in Indian court and we did not have marriage the Indian way with pheras etc.

Here is the brief below:

1) I started talking to my husband in July 2010. It was through our parents we got in touch. We spoke everyday and were constants in touch over ph, chat and email all through out this time. But we did not meet as I was in India and he was in Australia.

2) We finally met on 23rd Jan 2011. And we decided to get married on 26th Jan 2011. We knew each other well enough, to make this big decision.

3) We had a small function on 06th Feb 2011, where our relatives were present. This is a formal announcement of our relationship.

4) We legally got married on 07th Feb 2011 in a court in India.

My husband had to go back to Aus on 11th Feb 2011.

My query is:

1) We are legally married but we do not have 12 months relationship proof?

2) What evidence can we show to prove our relatioship is genuine? We have phone bills, few pics together. that is it. Will these be enough?

Please help me out...

I need to start the process soon.


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Old 07-03-2014, 01:15 PM
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Quote:
Originally Posted by jewel View Post
Hi All

I have somewhat a similar case. But just the fact that we are legally married.

I am an Indian citizen. I am very confused with how to apply for the Visa to join my husband in Australia.

We had a proper Indian arranged marriage. The marriage was only in Indian court and we did not have marriage the Indian way with pheras etc.

Here is the brief below:

1) I started talking to my husband in July 2010. It was through our parents we got in touch. We spoke everyday and were constants in touch over ph, chat and email all through out this time. But we did not meet as I was in India and he was in Australia.

2) We finally met on 23rd Jan 2011. And we decided to get married on 26th Jan 2011. We knew each other well enough, to make this big decision.

3) We had a small function on 06th Feb 2011, where our relatives were present. This is a formal announcement of our relationship.

4) We legally got married on 07th Feb 2011 in a court in India.

My husband had to go back to Aus on 11th Feb 2011.

My query is:

1) We are legally married but we do not have 12 months relationship proof?

2) What evidence can we show to prove our relatioship is genuine? We have phone bills, few pics together. that is it. Will these be enough?

Please help me out...

I need to start the process soon.
Jewel,

How did you go?

Dinkum likes this.

  #8 (permalink)  
Old 07-04-2014, 02:27 AM
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Quote:
Originally Posted by louie19810 View Post
Jewel,

How did you go?
Louie, this thread is over three years old. Jewel is unlikely to see this, and even if she did, her processing times, etc. would be vastly different than what we see today.

__________________
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Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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