Partner Visa - Best way to present application? - Page 16

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Partner Visa - Best way to present application? - Page 16


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  #151 (permalink)  
Old 12-26-2012, 12:18 PM
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Originally Posted by bma View Post
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!



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).

So the plan of getting married here in Aus next February is something that we should consider, is that right?

About the wills - get them done after getting married.

Noted




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.

We are getting married here in Aus, but the wedding ceremony will take place in Dubai in September next year.

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.

She needs to go back to Dubai for her work commitments, and I also have my work commitments. But this will only be temporary until September when myself and my family will fly over to Dubai for our wedding ceremony, and I will then stay in Dubai for at least 6 weeks or so, before coming back to Aus.

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...

I cant do this without her being not here, things like opening joint bank acocunts and transferring car rego in her name. These things can only happen when she is here.

She dosnt need to support me financially here in Aus, but I can prove that I can support here financially here in Aus.


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...

Wont having a joint bank account here in Aus under our name be helpful, where I make regular payments to it, and have the bills I pay come out of it?

- 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.
Thanks alot


  #152 (permalink)  
Old 12-26-2012, 12:21 PM
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Originally Posted by kttykat View Post
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.

Kttykat
I am really stressing out a little now, it seems all the plans myself and my partner have made, might not be regarded as sufficient proof

Can we apply for a PMV before she comes to Aus, but i think its too late for applying for it now, if we are getting married here.

Any suggestions?

Thanks


  #153 (permalink)  
Old 12-26-2012, 12:25 PM
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Maybe I can also start getting things like my internet/mobile bill transferred on to her name or can I just put down my partner as a secondary contact on the bills I pay?

And then maybe ask the utility companies to give this to me in writing that she is a secondary contact on my bills.

Any suggestions on this

Thanks


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  #154 (permalink)  
Old 12-26-2012, 03:09 PM
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Originally Posted by nitrous View Post
I am really stressing out a little now, it seems all the plans myself and my partner have made, might not be regarded as sufficient proof

Can we apply for a PMV before she comes to Aus, but i think its too late for applying for it now, if we are getting married here.

Any suggestions?

Thanks
PMVs take many months to issue as a rule. When married you have to apply for the 309 offshore or 820 onshore. If you get married then you have the right to apply for a partner visa and it waives the 12 month requirement but you must demonstrate that you plan to live as a married couple in the future by living together from the time of marriage and creating a life together, mortgage, insurance, buying a car together etc etc etc. And having a good amount of evidence for the lead up to your marriage if it was recent. Expect to be scrutinized more closely though....

Kttykat




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  #155 (permalink)  
Old 12-26-2012, 09:51 PM
bma bma is offline
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Originally Posted by nitrous View Post
Maybe I can also start getting things like my internet/mobile bill transferred on to her name or can I just put down my partner as a secondary contact on the bills I pay?

And then maybe ask the utility companies to give this to me in writing that she is a secondary contact on my bills.

Any suggestions on this

Thanks
I don't think this will help cause your fiance never actually lived at your place. DIAC will know this was done for the purpose of visa only, I doubt it would have any weight...

If you're applying for PMV, get your wills done before that (include them in your evidence). If you're applying for a partner visa, you'll be married by then and you'll have to have new wills.


So, you have two options:

- prospective marriage visa; check what's the processing time for your fiance's country, but in general it can take up to a year;

- partner visa; processing time can take up to a year as well; but your evidence (even with a marriage certificate) might not be strong enough;


Your fiance can also enter Australia on a tourist visa and gets married, but you have to know that once you two get married, she won't be able to apply for a PMV any more. Which means then she'll have to apply for a partner visa and if your evidence isn't strong enough, you'd be in trouble.


There's one more thing, though... You said you'll get married here in Australia; assuming she'll get a tourist visa to get married, she comes to Australia, you get married, you open a joint account, you put the bills in both names etc.

Then she goes back to Dubai and you follow her in September - for the wedding ceremony (6 weeks you said).

By then (those six weeks included) you could collect the necessary evidence and she could apply for her partner visa. With the processing time up to a year, she could have her visa in Sept 2014 the latest, but she might be granted with a tourist visa to stay with you in Australia while waiting for the visa to be granted. (will DIAC give her a tourist visa??!)

Because you have a time limit (wedding in Australia, wedding ceremony in Dubai), your case is not simple, but you need to do it the right way.

Remember, we're not migration agents, but only forum users. Why don't you ask a good and respectable registered migration agent for an advice?

One more thing about the evidence; even if you decide to go for a PMV, attach as much evidence as possible. And about car insurance policy - you're not transferring the policy to her name, you're just adding her as a nominated driver (once she gets to Australia or a few weeks before); the rego can stay in your name.


  #156 (permalink)  
Old 12-26-2012, 10:41 PM
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I don't think this will help cause your fiance never actually lived at your place. DIAC will know this was done for the purpose of visa only, I doubt it would have any weight...

If you're applying for PMV, get your wills done before that (include them in your evidence). If you're applying for a partner visa, you'll be married by then and you'll have to have new wills.


So, you have two options:

- prospective marriage visa; check what's the processing time for your fiance's country, but in general it can take up to a year;

If her nationality is Canadian, but lives and works in Dubai, what country will she be assessed under for the processing time, Canada or United Arab Emirates?

- partner visa; processing time can take up to a year as well; but your evidence (even with a marriage certificate) might not be strong enough;


Your fiance can also enter Australia on a tourist visa and gets married, but you have to know that once you two get married, she won't be able to apply for a PMV any more. Which means then she'll have to apply for a partner visa and if your evidence isn't strong enough, you'd be in trouble.


There's one more thing, though... You said you'll get married here in Australia; assuming she'll get a tourist visa to get married, she comes to Australia, you get married, you open a joint account, you put the bills in both names etc.

She will come here on a tourist visa with her family, and we will get married here.

Then she goes back to Dubai and you follow her in September - for the wedding ceremony (6 weeks you said).

By then (those six weeks included) you could collect the necessary evidence and she could apply for her partner visa. With the processing time up to a year, she could have her visa in Sept 2014 the latest, but she might be granted with a tourist visa to stay with you in Australia while waiting for the visa to be granted. (will DIAC give her a tourist visa??!)

So even if I go and live with her for say 6 weeks, and we also open joint accounts in Dubai, will 6 weeks period be fine?

Even then I will come back to Aus due to my work commitments


Because you have a time limit (wedding in Australia, wedding ceremony in Dubai), your case is not simple, but you need to do it the right way.

Im really getting worried now, we both want to marry someone we both love each other, and it looks like my options might be limited.

I have always wondered how other people who marry overseas, never met each other, could be an arrange marriage, can bring their wives into Aus within 3-5 months after applying. Maybe they don't tell me the whole story.


Remember, we're not migration agents, but only forum users. Why don't you ask a good and respectable registered migration agent for an advice?

One more thing about the evidence; even if you decide to go for a PMV, attach as much evidence as possible. And about car insurance policy - you're not transferring the policy to her name, you're just adding her as a nominated driver (once she gets to Australia or a few weeks before); the rego can stay in your name.
Thanks alot.


  #157 (permalink)  
Old 12-26-2012, 10:47 PM
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Originally Posted by kttykat View Post
PMVs take many months to issue as a rule. When married you have to apply for the 309 offshore or 820 onshore. If you get married then you have the right to apply for a partner visa and it waives the 12 month requirement but you must demonstrate that you plan to live as a married couple in the future by living together from the time of marriage and creating a life together, mortgage, insurance, buying a car together etc etc etc. And having a good amount of evidence for the lead up to your marriage if it was recent. Expect to be scrutinized more closely though....

Kttykat
Can I go and live with her in Dubai for 6 weeks when we go there for the wedding ceremony?

I will still open joint accounts here in both our names, transfer some utility bills in her name etc when she is here, but we will also open joint accounts there in Dubai when I am there.

Plus, chances are, when we are married, and when we go to Dubai for the ceremony, I will live with her at her parents, so the household aspect for sharing house duties, might be out of the question.

I guess this is where the stat dec comes from her family mentioning that we both lived as a married couple and all expenses were paid by her family.

Another thing, I will be buying a house later down the track, when she has her partner visa granted, so at this stage having a mortgage and even a rent lease under our name here in Aus, is out of the question.

Any suggestions?

Cheers


  #158 (permalink)  
Old 12-26-2012, 11:06 PM
bma bma is offline
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If her nationality is Canadian, but lives and works in Dubai, what country will she be assessed under for the processing time, Canada or United Arab Emirates?
Is she Canadian?!??! Does she have a Canadian passport, what passports do her parents have??

Cause that changes things completely...


  #159 (permalink)  
Old 12-26-2012, 11:11 PM
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Is she Canadian?!??! Does she have a Canadian passport, what passports do her parents have??

Cause that changes things completely...
All her family is Canadian with Canadian passports but live in Dubai.

Thanks


  #160 (permalink)  
Old 12-26-2012, 11:22 PM
bma bma is offline
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All her family is Canadian with Canadian passports but live in Dubai.

Thanks
That's something else completely. Canada is a low risk country with short processing time.

You guys have three options:

- PMV
- partner offshore 309 visa (after getting married to you)
- partner onshore 820 visa (and the bridging visa has no work restrictions)

In order to get married in Australia, she doesn't have to apply for any special tourist visa, the ETA visa is granted really quickly (online) and enables the holder to stay in Australia for up to three months at the time (but is valid for a year).

Still, in my opinion PMV seems a good way to go...


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