Partner Visa - Best way to present application? - Page 15

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Partner Visa - Best way to present application? - Page 15


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  #141 (permalink)  
Old 12-23-2012, 04:03 AM
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I'm pretty sure you can get married outside Australia with a PMV. The evidence you need for a PMV is much less intense, and you don't need the evidence of living together that (I believe) you need with a partner visa. It really sounds more to me like a PMV makes sense for you.


  #142 (permalink)  
Old 12-23-2012, 04:21 AM
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Quote:
Originally Posted by CollegeGirl View Post
I'm pretty sure you can get married outside Australia with a PMV. The evidence you need for a PMV is much less intense, and you don't need the evidence of living together that (I believe) you need with a partner visa. It really sounds more to me like a PMV makes sense for you.
As I found out, yes you can marry offshore with a PMV, but you must first go to Australia once it is granted to "activate" it, then you can leave and marry where you want within within 9 months.

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Old 12-23-2012, 04:27 AM
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Yeah, that's what I thought. We considered doing that, but since we have to do the NOIM anyway, we figured we might as well just have a little civil ceremony there a few months after my arrival, and then have the big wedding back home with friends and family in the US a year later.

(Edit: Sorry, didn't mean to take the thread off-track for a second, lol).


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  #144 (permalink)  
Old 12-23-2012, 04:39 AM
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Originally Posted by CollegeGirl View Post
Yeah, that's what I thought. We considered doing that, but since we have to do the NOIM anyway, we figured we might as well just have a little civil ceremony there a few months after my arrival, and then have the big wedding back home with friends and family in the US a year later.

(Edit: Sorry, didn't mean to take the thread off-track for a second, lol).
lol you can do no wrong

We got married in the States rather than in Oz but we didn't realize at the time that we could do it on a 300, we only found that out after. All my family are here and my husband has almost no family left in Oz.


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  #145 (permalink)  
Old 12-23-2012, 06:10 AM
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Quote:
Originally Posted by nitrous View Post
Thanks alot

Edit: What about the following:

Correspondence addressed to both you and your partner at the same address - Im assuming bank statements mailed to her in Dubai and to me in Aus, is this right. Are there any more examples of this criteria?

Im not a 100% sure what this means or relates to.
I'm not a migration agent, but just a forum user who myself went through partner visa process. In my humble opinion, you have a problem because you're not living together and for a partner visa you need to live together. The only visa that allows you to apply even though you're not living together is a prospective marriage visa.
When two people live together, then it's not that difficult to have evidence to prove the relationship.
But if you're in a long distance relationship, then you need really strong evidence to prove you are in a true (proper) de facto/ married relationship. And unfortunately, you will only start collecting the majority of your evidence once she gets to Australia for your engagement party.

It's true you guys will marry, but ... if you check the forum, you'll see there are a lot of rejected applications for a partner visa (based on marriage) from that part of the world. And I bet a lot of those applications were solid, with heaps of evidence. So it's possible your marriage certificate will only be a piece of paper for DIAC, that is why it's even more important you think this through, perhaps speak with a good migration agent and then decide what visa your partner will apply for.

Of course it's good you start collecting the evidence at once, also don't delete your messenger/skype/mobile logs, cause you never know what DIAC will want to see. Save them!

Quote:
Originally Posted by nitrous View Post
The nature of your household: it's all on your name, isn't it; in general, you need to live together, share the responsibilities (if you're applying for 309 or 820 partner visa), at least at one point in your relationship.

Nope, I live with my parents here in Aus and she lives with her parents in Dubai. How can we share responsibilities in a long distance relationship when we aren't even both together yet?
You can't. You could if you were living together at one point, and then you lived apart due to visa/studies/some solid reason, but as the situation is, it would be difficult to prove this aspect of your relationship (that's why PMV might be a better option).

About the wills - get them done after getting married.


Quote:
Originally Posted by nitrous View Post
I think the PMV is your best option, but with heaps of evidence so DIAC has no chance saying your relationship is not genuine.

I have been reading a partner visa would be a better option since the marraige will take place outside Aus, and I will start collecting evidence NOW.
It doesn't matter the wedding will take place outside Australia. Your fiance could fly to Australia on her prospective marriage visa (for your engagement party) and activate this visa, and afterwards you need to get married in nine months from the day the visa was granted.

If you prefer to apply for a partner visa, then your evidence needs to prove you support each other financially, physically and emotionally (since when?) and explain your periods of separation – when and why the separation occurred, for how long and how you maintained your relationship during the period of separation.

Your evidence will be the following:
- marriage certificate

- financial evidence: you need to prove you share financial commitments and responsibilities; are you paying for anything hers, is she financially helping you with anything?? Joint cars, anything, any legal commitments that you and your partner have undertaken as a couple...

Here's a problem, cause there doesn't seem to be any such evidence prior to your wedding...

- the nature of the household (evidence that you and your partner share responsibilities within your household;

here's a problem as well, cause you haven't been living together at all; if you had been living together and for example her bank statement would still be coming to your address, then it's different.... But you haven't been living together at all...

- social context of the relationship: how your relationship with your partner is seen by your friends and family;

no problem.

- the nature of your commitment to each other (evidence that proves mutual commitment between you and your partner);

you'll have wills, superannuation beneficiaries, etc... so no problem with this aspect either.

I hope somebody else with 309 experience from Dubai will post in this thread, or you can ask a registered migration agent for an advice. But a good and respectable one, there are a lot of dodgy ones out there. Remember, we're not migration agents, this is just our opinion, not actual advice.


  #146 (permalink)  
Old 12-23-2012, 03:44 PM
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I do agree with BMA on this one, on the immigration website they say about living together.

Living together

Living together is regarded as a common element in most on-going relationships. Partners who are currently not living together may be required to demonstrate a high level of proof that they are not living separately and apart on a permanent basis.

And that is the real sticking point in the case of Nitrous, he must wait until there is some time living together before applying.

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Old 12-23-2012, 10:44 PM
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I to am not agent but i have applied for a PMV and we had to prove that we had being living together for the last 12 months, i had considered marrying here in Malta and then returning back to Australia for a renewal of marriage ceremony but was advised by my agent not to complicate things, marrying outside of Australia to an australian does not automatically allow you to return back with him.. gong back to the PMV you basically have to be living together for the last 12 months, showing that you have utility bills in both names at the same address obviously, you also need to show that you have wills on both parties ( believe me this certainly helps you). One thing i found that was very affective ( as not everyone has both names on utility bills) is a letter by your lawyer stating that you both live together in a defacto relationship, also if you can get a Dr,s letter showing that your partner is registered at his practice with the same address as you, any letter,s obtained from authority figures certainly helps you. Usually as in my case i had to have a notary sign all photo copied pages of my passport, so you could safe time and money and have this done and get him/her to write a letter stating the above.
Louise


  #148 (permalink)  
Old 12-23-2012, 11:01 PM
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Quote:
Originally Posted by louiseb View Post
I to am not agent but i have applied for a PMV and we had to prove that we had being living together for the last 12 months, i had considered marrying here in Malta and then returning back to Australia for a renewal of marriage ceremony but was advised by my agent not to complicate things, marrying outside of Australia to an australian does not automatically allow you to return back with him.. gong back to the PMV you basically have to be living together for the last 12 months, showing that you have utility bills in both names at the same address obviously, you also need to show that you have wills on both parties ( believe me this certainly helps you). One thing i found that was very affective ( as not everyone has both names on utility bills) is a letter by your lawyer stating that you both live together in a defacto relationship, also if you can get a Dr,s letter showing that your partner is registered at his practice with the same address as you, any letter,s obtained from authority figures certainly helps you. Usually as in my case i had to have a notary sign all photo copied pages of my passport, so you could safe time and money and have this done and get him/her to write a letter stating the above.
Louise
I think you might be confusing the Prospective Marriage Visa (PMV) with a defacto partner visa, Louise. None of what you stated above is a requirement for a PMV, but it is for a defacto partner visa.


  #149 (permalink)  
Old 12-23-2012, 11:04 PM
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Quote:
Originally Posted by louiseb View Post
I to am not agent but i have applied for a PMV and we had to prove that we had being living together for the last 12 months, i had considered marrying here in Malta and then returning back to Australia for a renewal of marriage ceremony but was advised by my agent not to complicate things, marrying outside of Australia to an australian does not automatically allow you to return back with him.. gong back to the PMV you basically have to be living together for the last 12 months....
Louise
I think you are confusing your terms Louise, a PMV is a prospective marriage visa SC 300 and they don't expect you to have been living together for 12 months for that one.

From the partner migration booklet:
What to provide with your Prospective Marriage visa application
When you lodge your application, you must provide:
• completed application form 47SP Application for migration to Australia by a partner and
form 40SP Sponsorship for a partner to migrate to Australia (completed by your sponsor). These
are available from the department’s website Applications and Forms - Visas & Immigration to be downloaded as PDF
files, printed out and fi lled in, or obtained in hard copy from an office of the department or Australian
mission and filled in.
• if appointing a migration agent or exempt agent or authorised recipient, a completed form 956
Advice by a migration agent/exempt person of providing immigration assistance;
• if appointing an authorised recipient that is not a migration agent/exempt person, a completed
form*956A Appointment or withdrawal of an authorised recipient;
• 4 recent passport-size photographs of yourself and 2 recent passport-size photographs of your
sponsor (see page 5);
• certified copies of your passport or travel documents (see page 27 for information on certified
copies);
• proof of your identity (see page 38);
• proof that your sponsor is aged 18 years or over and is an Australian citizen, Australian permanent
resident or eligible New Zealand Citizen (see page 39);
• satisfactory evidence that you and your fiancé(e) have met face to face as adults and that you are
personally known to each other;
• evidence that there is no impediment to you marrying your fi ancé(e) (for example and as appropriate,
if either you and/or your fiancé(e) have been previously married or a previous spouse has died, a
certified copy of the divorce decree absolute or the death certificate of the deceased spouse);
• written statements from both you and your fiancé(e) detailing the history of your fiancé(e) relationship
(for example, when and how you met, when you became engaged, joint activities, significant events
in the relationship) and your future plans as husband and wife;
• evidence that you intend to marry your fiancé(e) within 9 months of being granted the visa. Such
evidence must be a signed and dated letter (on letterhead) from an authorised marriage celebrant
who will conduct your wedding ceremony. The letter must include the place and date (or date
range) on which the planned marriage ceremony may take place. If you plan to marry in Australia,
the celebrant must confirm that a Notice of Intended Marriage (NOIM) for you and your fiancé(e) has
been lodged with them (see page 32 for further details about NOIMs);
• evidence that both you and your fiancé(e) are both of marriageable age, which means usually you
must both be 18 years of age when you marry. If either you or your fiancé(e) is aged under 18 years,
you must provide a court order from an Australian magistrate authorising the marriage;
• evidence that you and your fiancé(e) genuinely intend to live in a spouse relationship. The department
knows that it is often difficult to provide evidence of your intention in the future to live with your
fiancé(e) in a spouse relationship. The required evidence depends on the circumstances of each
case. If you have evidence that relates to the financial, household, social context aspects of, and
commitment to, your relationship, you should submit this with your Prospective Marriage visa
application (see pages 39–41 for guidance about similar such requirements for partner visas).


What you were describing is the de facto application for a partner.
Kttykat




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  #150 (permalink)  
Old 12-23-2012, 11:53 PM
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Lol thanks for this correction, thats what you get when coming home after 12 hr shift and trying to catch up on tv and emails lol. Thankyou sooo much

Think i will shut the comp down lol
Louise


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